WASHINGTON, Aug. 14 LAWFUEL – The Law News Network — In a major victory for Department of Homeland Security (DHS) employees across the nation, DHS has been ordered to cease implementation of its personnel system. In January, the American
Federation of Government Employees (AFGE) and four other unions filed suit
challenging the proposed system on the basis that it violated the Bill of
Rights, among other issues. In June, the unions filed a motion to stop the
implementation of the rules and on July 15, Judge Rosemary M. Collyer
suggested to DHS that it withhold implementation until Aug. 15.
“AFGE made every effort to design a fair and efficient personnel system in
collaboration with DHS,” Gage added. “Unfortunately, our efforts and concerns
virtually were ignored, which left us with no choice but to file suit.
“We certainly expect DHS to request a stay of the decision and file an
appeal,” AFGE General Counsel Mark Roth said. “If the negotiating parties were
going to make concessions, they would have done so before this case went to
court.”
“This is a truly astronomical win, as the case most probably will set the
precedent for the Department of Defense’s NSPS regulations and for the
administration’s Make America Work program, which would extend the regulations
to other government agencies,” AFGE National President John Gage said. “It
also enforces what AFGE has been saying all along-the men and women who
comprise the Department of Homeland Security; the men and women who risk their
lives day-in and day-out, deserve the best representation, the best treatment,
and the best rights.”