NTEU Seeks Prompt Hearing On Preliminary Injunction Request on DHS Rules

Press Release June 30, 2005

Washington, D.C.—The National Treasury Employees Union (NTEU) this week asked a federal court to schedule a prompt hearing, either the week of July 18 or July 25, on its motion for a preliminary injunction to prevent the Department of Homeland Security (DHS) from implementing new personnel regulations on Aug. 1.

A week ago, NTEU, leading a coalition of five unions, filed the motion for preliminary injunction with the U.S. District Court for the District of Columbia. Since that time, DHS has requested that the court allow it to have until July 8 to respond to that motion.

NTEU President Colleen M. Kelley said the unions’ request for a prompt hearing was made in an effort to secure a court decision as quickly as possible about maintaining the status quo in DHS until the court can determine the validity of the regulations the unions are challenging. Requiring DHS to continue to operate under its current personnel system while the legality of a new system is determined would still allow the agency the flexibility to carry out its mission, Kelley said, while protecting employees from the irreparable harm they will suffer if the new regulations take effect.

In its pending suit, NTEU and the other unions attack the regulations as invalid inasmuch as they fail to guarantee employees’ collective bargaining rights as required by the Homeland Security Act (HSA), which established DHS. The unions have asked the court, in a summary judgment motion, to strike down the regulations as a matter of law.

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