While I understand that many of the PASS members in NC are FAA employees I still feel it is necessary to keep the state, and anyone who browses here, informed of what is going on with NSPS.
As most of us working for the DoD know, a US District Court struck down major portions of NSPS dealing with labor relations. So much so that rumor was circulating that BUEs wouldn't even be put under the system.
However, the DoD appealed to the Appeals Court in DC and their decision was released last week as I posted on already. This court effectively ruled that Congress granted the DoD the right to remove collective bargaining until November 2009 when they authorized the NSPS system.
What this means?
With implementing issuances, they can throw out existing contracts.
The Agency can decide what items are up for bargaining.
Even after they set up a new contract with you, or maybe even roll yours over with minor tweaks to get it in line with NSPS, they can turn around the following week and decide they do not want to adhere to it and throw it out.
Your recourse in all of this? You can appeal to a board of individuals appointed by the Sec of Defense. An "independent" board without any conflicting interest except for the fact that the SecDef can fire them if he feels the need. (See Attorney General issue currently in the media for a good insight in to how these positions will be staffed and what happens to people with views inconsistent with those of the SecDef and the Pres)
So you ask what happens next?
Currently there are 2 avenues that are out there.
1. The lawsuit can be appealed to the full Appeals Court (15 Judges) and/or the Supreme Court, this decision has yet to be made.
I'll add here that I think both courts are stocked well with supporters of Bush's Anti-Labor agenda. This may prove wrong, which I would love to see, but I am not generally hopeful.
2. Congress has added language to the Defense Authorization Act that would remove the language that the latest decision was based on. If this happens, and mind you it has to make it through both chambers of Congress, and it still has to be signed by the President. Take note here that the White House has already gone on record stating Bush will veto this bill if this language is included.
Now there is a 3.5% military pay raise included with this. Not to mention A-76 language that is favorable for the federal employee, so we may get enough votes to override a veto, but thats a little while down the road.
Moral of the Story? Keep up to date and contact your legislatures to inform them that this language needs to be included. The transition away from Title 5 for the FAA was no picnic, but compared to the NSPS program it was. We need to ban together across the country and in the State and get this bug in our Reps ears.
Find your:
Senators
Representative
And send them an email or preferably call them.
