DHS ELECTS NOT TO APPEAL MAXHR DECISION TO D.C. APPEALS COURT
Source: Fednews-online
If the legal battle over the Department of Homeland Security’s personnel system continues, it will go before the United States Supreme Court.
DHS had until midnight Friday, Aug. 11, to file an appeal with the U.S. Court of Appeals for the District of Columbia Circuit. The D.C. Circuit blocked MaxHR’s labor relations component. (See DHS HUDDLING WITH OPM, DOJ ON MAXHR OPTIONS at http://www.fednews-online.com/?publicationId=9394.)
The ruling did not affect other aspects of the personnel system and DHS will continue to implement the pay-for-performance and performance management components, said DHS spokesperson Larry Orluskie.
DHS and the National Treasury Employees Union have fought a legal battle over MaxHR since August 2005, when Judge Rosemary Collyer ruled that the system violated collective bargaining rights and that the new system illegally extended the Federal Labor Relations Authority’s jurisdiction. (See DHS, NTEU IN COURT TODAY at http://www.fednews-online.com/?publicationId=9056.)
The Department has not decided if it will ask the Supreme Court to review the case. DHS has until Sept. 25 to petition the Court.
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