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Washington — The leader of the union representing thousands of Department of Homeland Security (DHS) employees today called a federal court filing by DHS the “welcome recognition that it is barred by law from moving ahead” with its much-maligned and illegal labor relations system.

“DHS’s latest filing acknowledges our success in Congress in securing language limiting funds to develop or operate a new personnel system,” said President Colleen M. Kelley of the National Treasury Employees Union (NTEU).

In a suit brought by NTEU, federal courts—including an appeals court—three times declared illegal the labor relations segment of DHS’s proposed new personnel system. The district court judge, who retained jurisdiction in the case, six months ago ordered DHS to report by today on any plans it may have to revise or abandon the portions of the regulations subject to court injunction.

In a status report filed with the court late yesterday, DHS and the Office of Personnel Management (OPM) said they have “made no decision as to whether to revise or abandon these regulations.” The filing referenced NTEU-secured language in the 2008 omnibus appropriations bill limiting funds for the system or any subsequent system. The original DHS MaxHR personnel system has a new name—Human Capital Operations Plan—but would have same detrimental impact on employees.

“Congress gave DHS authority to revise the personnel system while retaining employee rights, but DHS overstepped that authority by trampling on employee rights. The courts agreed with NTEU that DHS’ plan was illegal,” said Kelley.

President Kelley said what really needs to be done is for the agency to drop its efforts to impose on its employees any aspect of the discredited MaxHR system, including regulations concerning due process and appeal rights and an untested and undefined pay for performance plan.

The far better, and much more pressing, step to take, she said, would be for DHS to address the serious morale problems impacting its mission. Time and again, she noted, DHS scores at or near the bottom on virtually every key measure of a quality workplace in employee surveys.

Fixing these problems, which means respecting employees and showing a greater willingness to work with employee representatives, should be the agency’s priority, the NTEU leader said.

NTEU is the largest independent federal union, representing 150,000 employees in 31 agencies and departments, including some 21,000 in DHS’s Bureau of Customs and Border Protection.