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June 27, 2006  
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LIEBERMAN SAYS APPEALS COURT DECISION REAFFIRMS OPPOSITION TO DHS PERSONNEL CHANGES
 
WASHINGTON – Homeland Security and Governmental Affairs Committee Ranking Member Joe Lieberman, D-Conn., Tuesday praised the decision of the U.S. Court of Appeals for the District of Columbia Circuit to uphold a lower court decision overturning personnel rules at the Department of Homeland Security.

“The court’s decision reaffirms the extent to which this Administration has sought to unwisely and unlawfully undermine collective bargaining and other employee rights and protections at the Department of Homeland Security,” Lieberman said.

“In the wake of this ruling, the key to success in implementing the Department’s personnel system will be for the Department to work effectively with its employees and their representatives to develop a personnel system that fosters a spirit of collaboration between managers and front-line employees and that prevents arbitrary and abusive workplace practices. The Department’s critical national security mission absolutely depends on sustaining employee morale and performance, which the Department’s current rules threaten.”

The Court of Appeals for the D.C. Circuit, in a ruling in the case of NTEU v. Chertoff, held that the personnel regulations issued by the Department in January 2005 failed to ensure employees’ right to bargain collectively, as the Homeland Security Act requires. The Court faulted the Department’s regulations for asserting that the Department could unilaterally abrogate collective bargaining agreements, and for unlawfully limiting the scope of subjects that employees could bargain about.

Lieberman wrote to DHS Secretary Tom Ridge and Office of Personnel Management Director Kay Cole James in May 2004 objecting to the proposed rules on these and other grounds.

During Congressional consideration of the Homeland Security Act in 2002, Lieberman strongly protested Republican efforts to erode civil service safeguards against political and managerial abuse.

In the final bill, Congress allowed the Department to make certain changes to civil service law. However, when the Department published its rules, Lieberman said the changes the department proposed could leave employees open to such abusive practices and impede the department's mission.
 
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June 2006 Press Releases
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June 30 - Collins, Lieberman Seek to Address Government Fraud
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June 29 - Dodd, Lieberman Help Secure Additional $4 Million for Coast Guard Research and Development Lab
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June 29 - Lieberman Says DHS Infrastructure Protection Plan Not Enough
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June 28 - Lieberman Speaks on Introduction of Bill to Reinvent FEMA
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June 27 - Collins, Lieberman Seek Greater Funding To Protect Transit, Rail and Ports
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June 27 current Press Release
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June 23 - Lieberman Demands Greater Information Security For DHS Trusted Traveler Programs
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June 20 - Lieberman Welcomes Reversal of FEMA Trailer Evictions
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June 20 - Democrats Seek Oversight of Iraqi Reconstruction Contracts
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June 19 - Lieberman Says Federal Efforts to Ensure Diversity Must Improve
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June 16 - Lieberman Says NRP Conclusion is Not Surprising
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June 16 - Senators Collins, Lieberman, Coleman and Murray Call on Chertoff to Issue Transporation and Port Security Grant Guidance
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June 15 - Senate Homeland SEcurity Committee Unanimously Passes Collins-Lieberman Chemical Security Legislation
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June 15 - Lieberman Heralds Advancement Of Chemical Security Bill
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June 14 - Lieberman Leads Defeat of Industry's Preemption Amendment to the Chemical Security Bill
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June 14 - Lieberman Says Disaster Aid Abuse Underscores Need For A Reinvented FEMA
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June 14 - Lieberman Calls for Investigation of the Appearance of Widespread Censorship by the Administration on Climate Change Research
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June 9 - Some Katrina Victims Get a Break on Unemployment Benefits
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June 9 - NASA Admits Wrongdoing in Not Allowing Top Scientist to Discuss Climate Change Research
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June 8 - Senate Homeland Security Committee Holds Hearing on Where FEMA Belongs
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June 8 - Lieberman Calls for Reinvention, Strengthening of FEMA
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June 6 - Lieberman Assails GOP for Refusing to Extend Unemployment Benefits for 2005 Hurricane Victims
 

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Committee on Homeland Security and Governmental Affairs
340 Dirksen Senate Office Building
Washington, D.C. 20510