http://www.nytimes.com/2005/01/28/politics/28home.htmlJanuary 28, 2005
4 Unions Sue Over New Rules for Homeland Security Workers
By ROBERT PEAR
ASHINGTON, Jan. 27 - Four unions (representing 110,000 employees) filed suit (asking court to issue an injunction against the final rules being published on on Thursday) to prevent the Bush administration from carrying out the first phase of a personnel system that would give officials sweeping power to reward, punish and reassign federal employees.
<snip>The unions say the new rules strip employees of their right to bargain collectively and therefore violate the 2002 law, which created the department as part of a broad effort to prevent terrorist attacks. In passing that measure, Congress stipulated that any new personnel system had to ensure employees' collective bargaining rights.
Gregory J. O'Duden, general counsel of the National Treasury Employees Union, a plaintiff, said, "The rules overturn 25 years of Civil Service law, radically reduce the rights of federal employees and deprive them of a voice over important issues like the time and place of work, overtime and the hiring of private contractors to do their jobs."<snip>
The unions contend that the rules violate provisions of the 2002 law on disciplinary actions, including dismissals, demotions and suspensions. Under the rules, the unions say, unreasonable penalties can be imposed and will be upheld unless they are "wholly without justification."<snip>
Mark D. Roth, general counsel of the American Federation of Government Employees, another plaintiff, said, "Managers will have free rein to retaliate against employees who challenge management decisions."<snip>
"The regulations significantly limit basic employee rights, including collective bargaining rights," said Mr. Hoyer, whose district includes many federal workers. "Taxpayers are not served by provisions that could politicize the Department of Homeland Security."<snip>