Federal Employees Headed To Homeland Security Department ‘Deserve Better’

Press Release November 13, 2002

Washington, D.C.— Customs Service employees and other employees responsible for safeguarding America deserve better than the Department of Homeland Security bill taken up today by the House and Senate, said National Treasury Employees Union (NTEU) President Colleen M. Kelley.

In a letter to members of the House and Senate this morning, Kelley said those who protect us from terrorism deserve better.

“They deserve respect. They deserve gratitude and they deserve to retain the rights they currently have as they put their lives in danger to protect the rights and freedoms the rest of us enjoy,” wrote Kelley.

In urging lawmakers to vote no on the legislation, Kelley said that

employees who will be transferred into the new department have been protecting our country loyally and with distinction before, during and after Sept. 11.

“They were cynically used by this administration as political pawns in the recent elections and, if this legislation passes, they will have less civil service protection than employees of any other department, Kelley wrote.

The homeland security legislation would allow two political appointees, the Secretary of the Department and the Director of the Office Personnel Management (OPM), to change current law in six areas of Title 5 of the

U.S. Code (union rights, pay, performance appraisals, disciplinary system, job classification, and merit system appeals).

The legislation would give federal sector unions, representing employees in the new department, 30 days to respond to any proposed changes in these areas. An additional 30 days would be provided for the use of non-binding mediation services and congressional notification.

“Despite the notification period and non-binding mediation services, in the end the DHS Secretary and the OPM Director could change any aspect of these laws with no appeal or review after 60 days,” said Kelley.

Employees transferred to the new department will not automatically lose their union rights. However, the president will have the ability to revoke collective bargaining rights of employees if he sees fit for national security reasons.

“Given the president’s action earlier this year in stripping away the rights of long-time union represented employees in the Justice Department. Given the shameless anti-federal employee union rhetoric used during the mid-term elections. Congress has a duty to act to prevent the misuse of this power in the future. This bill fails to do so,” said Kelley.

Under the bill, the Customs Service will be transferred in to the Directorate of Border Security and Transportation of the new department. The bill would also move a portion of the Bureau of Alcohol, Tobacco and Firearms (ATF) to the Justice Department.

NTEU is the nation’s largest independent federal sector union, representing some 150,000 employees in 27 federal agencies and departments, including employees in the Customs Service and the Bureau of Alcohol, Tobacco and Firearms.

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