IAFF LEGISLATIVE FACT SHEET

National Security Personnel System

The IAFF opposes the National Security Personnel System (NSPS) and urges Congress to prevent its implementation.

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, the DoD issued its final regulations for this new personnel system, the National Security Personnel System (NSPS). DoD regulations undermined collective bargaining by giving DoD the authority to override provisions in labor contracts and declare issues off limits for negotiations. The regulations further eliminated the right to an independent third-party review of labor-management disputes, imposed new legal thresholds for overturning or reducing disciplinary actions or penalties, permitted performance-based pay and eliminated veterans and seniority preferences during a reduction-in-force.

In response, the IAFF joined with a coalition of labor organizations representing DoD civilian employees to seek to amend or block implementation of the NSPS. The coalition developed a two-pronged strategy, challenging the news system in court and in Congress.

In February 2006, a federal district court blocked DoD from implementing the new personnel system, ruling that NSPS fails to ensure collective bargaining rights, does not meet congressional requirements for an independent third-party review of labor relations decisions, and fails to provide employees with a fair way to appeal disciplinary actions. In May 2007, a federal appellate court overturned the ruling of the district court. The appellate court decision has been appealed.

Legislatively, the coalition pursued amendments to the Defense Authorization bill to change NSPS and amendments to the Defense Appropriation bill to block funding for it.

CURRENT LEGISLATION

Authorization

U.S. House:         H.R. 1585, the National Defense Authorization Act for Fiscal Year 2008
                         Sponsors:     Representative Ike Skelton (D-MO)
                                           Representative Duncan Hunter (R-CA) 
                                           

U.S. Senate:        S. 1547, the National Defense Authorization Act for Fiscal Year 2008
                         Sponsor:      Senator Carl Levin (D-MI)         

Summary:           H.R. 1585 and its Senate companion, S. 1547, authorize annual funding for DoD. 
                         H.R. 1585 includes language to restore collective bargaining and appeal rights
                         for all DoD civilian employees while S. 1547 includes a provision to partially restore
                         collective bargaining rights for all DoD civilian employees and to exempt
                         wage-grade employees from NSPS.

Funding

U.S. House:         H.R. 3222, the Department of Defense Appropriations Act for Fiscal Year 2008
                         Reported by:  Representative John Murtha (D-PA)

Summary:          H.R. 3222 appropriates annual funding for DoD.  As passed by the House, H.R. 3222
                        includes language to de-fund NSPS in Fiscal Year 2008.

CONGRESSIONAL ACTION

Authorization

On May 11, 2007, the House Armed Services Committee approved H.R. 1585 which included language to restore collective bargaining and appeal rights previously rescinded by NSPS for all DoD civilian employees, including DoD fire fighters.

On May 17, 2007, the House passed H.R. 1585 by a vote of 397 to 29 which included the aforementioned language.

On June 5, 2007, the Senate Armed Services Committee approved S. 1547 which included language to partially restore collective bargaining rights for all DoD civilian employees and to exempt outright wage-grade employees from NSPS.

On October 1, 2007, the Senate incorporated S. 1547 into H.R. 1585 and passed the bill by a vote of 92 to 3.

On December 12, 2007, the House passed by a vote of 370 to 49 the conference report on H.R. 1585 which restored the collective bargaining and appeal rights of employees of the Defense Department, including DoD fire fighters. The conference report also repealed the $400 cap on the DoD uniform allowance and required DoD to reinvest mutual aid reimbursements back into DoD fire service accounts.

On December 14, 2007, the Senate passed the conference report on H.R. 1585 by a vote of 90 to 3.

On December 28, 2007, President Bush announced he would veto H.R. 1585.

Funding

On August 8, 2007, the House passed H.R. 3222 by a vote of 395 to 13. Prior to passage, the House approved House Amendment 773 offered by Representative Inslee to de-fund NSPS.

On October 3, 2007, the Senate passed its version of H.R. 3222 by voice vote. The Senate bill did not include language to de-fund NSPS.

On November 8, 2007, the House and Senate passed the conference report on H.R. 3222 which did not include the Inslee amendment.

On November 13, 2007, President Bush signed H.R. 3222 into law.