Unions devise ‘Plan B’ in Defense personnel challenge

A coalition of labor unions is developing a "Plan B" in case the group's legal challenge to the Defense Department's new personnel system fails.

The United DoD Workers Coalition has hired Joseph Swerdzewski, former general counsel of the Federal Labor Relations Authority, to help prepare for contract negotiations in the event the Pentagon's National Security Personnel System is put into place, American Federation of Government Employees president John Gage told Government Executive. AFGE is the largest member of the coalition.

Swerdzewski, founder of Joseph Swerdzewski & Associates, a law firm specializing in federal sector labor and employment law, is preparing contract language that the unions could use on a departmentwide basis to ease the negotiations process under NSPS, according to Gage.

Ron Ault, President of the AFL-CIO Metal Trades Department, said this plan is part of a continuous battle with department over the personnel reforms, not a signal of defeat.

"Make no mistake about it, we have great confidence in our lawsuit and I believe we will prevail," Ault said. "While we don't expect to have to implement a plan B, we might as well have several weapons in our arsenal."

The coalition of Defense unions is suing the department over the labor relations portion of the NSPS. A judge for the U.S. District Court for the District of Columbia heard arguments in that case in late January and will issue a ruling by March 1. The unions are arguing that the labor relations system unfairly strips employees of their collective bargaining rights.

If the judge rules in favor of the department, then an in-house National Security Labor Relations Board would replace the FLRA, and hundreds of union contracts around the country would be called into question.

Gage said under the new system, the unions would have only 20 days to prepare arguments for the labor relations board on the contracts in question, prompting this advance preparation.

Despite multiple delays, the Pentagon is proceeding with some preparations for enacting the system. Notably, it said it is moving forward with setting up the NSLRB, whose members would be appointed by the Defense secretary with some consultation from unions.

In mid-January, the Pentagon also set up a 14-member working group to redesign the performance management aspects of the personnel system. A Defense spokeswoman said the group is planning to complete work by the end of February.

A spokeswoman for AFGE declined to give more details on Swerdzewsi's work, but said the backup plan does not signal resignation on the union's part with respect to the lawsuit.