Washington, D.C. - In response to today’s ruling by the United States Court of Appeals for the District of Columbia Circuit on the personnel system at the Department of Homeland Security (DHS), Senator Daniel K. Akaka (D-HI), stated:
"Today’s ruling once more demonstrates the shortsightedness of this Administration in developing personnel systems that ignore the rights of federal workers - especially collective bargaining rights. Employee protections are not something that can be waived on the whim of a political appointee.
"Now is the time for the Department to sit down with the federal employee unions to work out a personnel system that is fair, contemporary, flexible, and has the support of employees and the Department’s leadership."
The U.S. Court of Appeals for the District of Columbia Circuit agreed with last year’s District Court ruling that the final regulations issued by DHS for its personnel system fail to ensure collective bargaining by allowing the Department to unilaterally revoke collective bargaining agreements. The Appeals Court went further than the District Court by ruling that DHS had improperly restricted the scope of bargaining to matters concerning employee-specific grievances only. As such, the Appeals Court reaffirms union input on important workplace issues such as procedures for assigning overtime and work arrangements. The decision also found that the Department exceeded its authority in changing the role and responsibilities of the Federal Labor Relations Board, which resolves issues between federal agencies and federal unions.
Senator Akaka was one of nine Senators to vote against the creation of the Department of Homeland Security, in part because of his concern over DHS developing a personnel system that erodes employee rights and protections.
Senator Akaka is Ranking Member on the Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.
