Court Upholds NSPS Labor Rules -- For Now

This just in: a federal appeals court has overturned a district court's decision striking down the labor relations portion of the Defense Department's civilian personnel reform effort. For the next couple of years, at least, the Pentagon can go ahead, the appeals panel ruled.

Key quote from the decision:

We hold that the National Defense Authorization Act grants DoD temporary authority to curtail collective bargaining for DoD’s civilian employees. By its terms, the Act authorizes DoD to curtail collective bargaining through November 2009. But after November 2009, with certain specified exceptions, DoD again must ensure collective bargaining consistent with the Civil Service Reform Act of 1978. We reverse the District Court’s judgment, and we uphold the DoD regulations at issue in this appeal.

Last September, Deputy Defense Secretary Gordon England told Congress that due to delays in implementing the new National Security Personnel System caused by the legal challenge, the Pentagon might ask Congress to extend the 2009 deadline. The House, of course, currently is moving in the opposite direction, voting yesterday not to wait until 2009, but to restore employees' previous bargaining and appeal rights now.

We're reporting this story, and will be back with a full news article later today.

Update: The Office of Personnel Management and the

American Federation of Government Employees have issued statements on the ruling.