Letter from AFGE National President John Gage
Dear Activists,
On
Monday, Nov. 7 the American Federation of Government Employees (AFGE), along
with the Metal Trades Department, AFL-CIO, the United Power Trades
Organization, the International Federation of Professional and Technical Engineers,
the International Brotherhood of Teamsters, the International Association of
Fire Fighters, the Association of Civilian Technicians, the Laborers
International Union, the National Association of Government Employees, and the
National Federation of Federal Employees filed a lawsuit in federal court that
challenges new Department of Defense (DoD) work
rules. An earlier suit that challenged the rules on a statutory basis,
originally filed last February, also was filed for a second time.
The
latest lawsuit challenges DoD's recent publishing of
a new set of regulations that could have grave implications for safety of
America's fighting men and women, and for safeguarding the public coffers. In
its new National Security Personnel System (NSPS), also known as the Rumsfeld plan, the DoD
has significantly narrowed employees' rights to collective bargaining and all
but eliminated the due process rights that enable employees to speak with
confidence when they see wrongdoing or mismanagement.
In
defiance of the United States Congress, the DoD refused to consult with the unions that represent
the department's employees, as called for in the defense authorization
legislation that authorized the creation of the new personnel system. Instead,
it went ahead and issued its proposed rule changes in violation of section
9902(m) of the Defense Authorization Act for fiscal 2004.
The
new regulations for DoD
personnel revoke most due process rights, render whistleblower protections
moot, allow supervisors to punish employees in their paychecks, create a
so-called "pay-for-performance" system that pits employees against each other
for pay increases, and end all meaningful collective bargaining. Portions of
negotiated contracts may be voided on the say-so of a political appointee.
When
disciplinary actions are appealed to either the Merit Systems Protection Board
or an arbitrator, neither will be able to substitute a lesser penalty unless
the penalty was "totally unwarranted," a virtually impossible standard to meet.
For some alleged offenses, even the manager proposing the discipline would not
be able to propose anything short of removal.
Last
month, a federal court found significant portions of similar personnel rules
drafted by the Department of Homeland Security in violation of the law. Rather
than heeding the warning sounded by the court in that case, the Pentagon has
decided to mirror work rules that ultimately shortchange the American taxpayer.
AFGE
is severely disappointed that instead of working with federal employees, DoD has chosen to work against
them. As a result, AFGE will use every judicial weapon at its disposal to block
implementation of NSPS in its current form.
However,
we cannot do this alone. The lawsuit is one tool to stop NSPS and your voice is
another tool. DoD deceived
and defied Congress when it created a personnel system that will strip federal
employees of their rights and gut worker pay. It is now time for Congress to
see NSPS for what it really is before it is too late. Here's what you can do to
make sure Congress hears from federal workers concerned about NSPS:
What Can You Do?
We
are hopeful that once Congress hears from federal employees and examines these
personnel regulations more closely, they will see that NSPS does a disservice
to all American taxpayers as well as federal employees.
AFGE
National President John Gage best summed up what will happen if NSPS is allowed
to move forward:
"Have
we learned nothing from our experience with Hurricane Katrina? If you want a
preview of the ravages of rampant cronyism, one need only imagine appointees
such as those who ran FEMA having the power to void contracts and cut the pay
of employees who challenge them," he said.
NSPS
is bad for workers and it is bad for
Sincerely,
John Gage
National President
American Federation of Government Employees (AFGE)