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NTEU Declares Victory as DHS Abandons Lawsuit

NTEU was victorious in its five-year battle to defeat administration efforts to create an anti-union, anti-employee labor relations system at the Department of Homeland Security (DHS) by severely restricting collective bargaining rights.

The victory came with a Feb. 15 filing by the government in federal court that it was abandoning its efforts to install new labor relations regulations as part of its overall efforts at revamping the DHS personnel system. This successfully concludes the union’s lawsuit against DHS, part of a relentless effort by NTEU that included three court wins and multiple victories in Congress limiting funding for the regressive personnel system over the past several years.

“This is a monumental victory. It puts to rest DHS efforts to gut employees’ collective bargaining rights and give management unfettered discretion to alter fundamental conditions of employment without giving employees any say,” said President Kelley.

The overriding impact, she said, is that full collective bargaining rights will continue to be available to DHS employees, including nearly 22,000 represented by NTEU in the Bureau of Customs and Border Protection. More

NTEU Declares Victory as DHS Ends Efforts To Implement New Labor Relations Regulations (2/15/08) NTEU Asks Federal Court to Direct DHS to Report on Rules by Jan. 24, 2009 (1/18/08)   Kelley: DHS Court Filing Shows Recognition Law Bars It from Moving Ahead on Rules (1/17/08) NTEU Seeks Modifications of MSPB DHS Regulations (11/5/07) Kelley Calls on DHS to Abandon Discredited, Illegal Personnel Rules (7/19/07) Senate Appropriations Committee Cuts DHS Rules Funding to Only $5 Million in Fiscal 2008 (6/15/07)	NTEU Filing (1/17/08) DHS Status Report (1/16/08) NTEU's Comments to MSPB (11/2/07) Status Conference Court Order (10/27/06) Appeals Decision (6/27/06) NTEU Reply Brief (2/27/06) DHS Reply Brief (2/13/06) NTEU Appellate Brief (1/23/06) DHS Appellate Brief (12/19/05) NTEU Filing (11/29/05) Decision on DHS Motion (10/05)	NTEU's Filing (9/9/05) Judge Collyer's  Aug. 12 Decision NTEU Motion for Preliminary Injunction NTEU Motion for Summary Judgment NTEU Lawsuit DHS Withdraws Bid to Curb Union Rights, Washington Post, February 20, 2008 Court dismisses Homeland Security labor relations case, GovExec, February 20, 2008 Case closed after DHS drops labor relations plan, Federal Computer Week, February 20, 2008 DHS abandons efforts to implement new labor relations rules, Federal Computer Week, February 19, 2008
DHS Personnel Regulations DHS Regulations Fact Sheet DHS Press Release on the Regulations	What does NTEU's Appeals Court Win Mean to DHS Employees? President Kelley's Letter to Secretary Chertoff (11/21/05) NTEU Comments on the DHS Draft Performance Management Directives DHS Regulations At-A-Glance NTEU Issue Brief on the DHS Regulations Background on NTEU's DHS Litigation	Questions on NTEU's Fight Against the Regulations? Send an e-mail to DHSquestions@nteu.org.