Summary of FEA's NSPS Complaint

From the December 1, 2005 FEA President's Report:

As you know by now, some members of the DoD Labor Coalition filed a lawsuit in November to block the implementation of the NSPS regulations. FEA is not a party to that lawsuit, though we are a member of the Coalition. Instead, FEA has filed its own lawsuit to address the Association's unique issues in representing DoDDS educators and DDESS educators, including Educational Support Professionals in our bargaining units. The full text of FEA's complaint can be read by using the link below.

FEA's lawsuit will focus on two issues. First, the NSPS statute in no way repealed, modified or altered either 10 U.S.C. 2164 (the DDESS law) or 20 U.S.C. 901 et seq. (the DoDDS law). The NSPS statute only authorized DoD to apply the NSPS to employees covered by title 5 (the law covering most federal employees). Therefore, FEA is arguing that our bargaining unit members cannot be covered by the NSPS regulations governing pay, pay-for-performance, appeals, and other human resources matters because the NSPS statute does not affect either the DoDDS or DDESS laws. Second, FEA is arguing that since our bargaining unit members do not perform combat support roles, the NSPS labor relations regulations cannot be applied to them.

As a result of the DoD Labor Coalition's filing suit to block implementation of the NSPS several weeks ago, most NSPS regulations will be delayed until at least February 1, 2006, in order to give a Federal Judge time to hear and rule on the suits brought by labor unions representing DoD civilian employees. A hearing date for the original DoD Labor Coalition's lawsuit has been set for late January. In light of a recent court decision in the Department of Homeland Security in which the court ruled in favor of the unions, we remain cautiously optimistic about the DoD Labor Coalition's chances, but of course there are no guarantees.