IAFF LEGISLATIVE FACT SHEET

National Security Personnel System

The IAFF opposes any NSPS regulation that undermines employee collective bargaining rights.

BACKGROUND

The National Defense Authorization Act for Fiscal Year 2004, signed into law in November 2003, authorized the Secretary of Defense to create a new personnel system for Department of Defense (DoD) civilian employees.  The legislation permitted the Secretary to waive most existing civil service laws and regulations, but required the new personnel system to protect the collective bargaining rights of DoD workers.

In November 2005, DoD issued regulations implementing this new personnel system, the National Security Personnel System (NSPS).  DoD regulations undermined collective bargaining rights, eliminated the right to an independent third-party review of disputes, and allowed performance-based pay.  In response, the IAFF joined with a coalition of labor organizations representing 750,000 DoD civilian employees and executed a two-pronged strategy:  challenging the new system in court and in Congress.  In the courts, after a federal district court in 2006 blocked DoD from implementing NSPS, a federal appellate court in 2007 allowed NSPS to proceed.  In Congress, the coalition successfully pursued amendments to the annual defense authorization bill to restore collective bargaining and appeal rights for DoD workers.  In January 2008, the NSPS reforms were signed into law.

In May 2008, DoD issued a proposed rule to implement the new version of NSPS.  Although the IAFF and the coalition supported the strong reforms signed into law, the proposed rule circumvents the intent of Congress and unilaterally takes several issues off of the bargaining table.  If DoD publishes the proposed rule as a “major rule,” Congress will have 60 days to pass a resolution of disapproval to prevent it from taking effect.    

CONGRESSIONAL ACTION

The IAFF and the coalition are currently working with the congressional Armed Services committees to urge DoD to delay the issuance of a major rule on NSPS until a new Administration takes office in 2009.