President's Column - Insecurity At The Department of Homeland Security

The employees of the Department of Homeland Security were dealt yet another deadly blow by the Bush Administration. The Merit Systems Protection Board (MSPB) in concert with the management of DHS has issued less forgiving rules for adjudicating employees appeals of actions taken against them by the sprawling department’s management. This speaks to MSPB not being the independent agency it has been since 1978 and as well as other agencies become a tool of the Administration.

MSPB has jurisdiction to decide many disputes between employees and their employers, including overruling management’s findings and reducing punishments, which include reprimands, suspension and removals. Somehow in the process of these new rules MSPB has agreed to lose its present power to lessen management imposed-punishment, even if the Board found a penalty unreasonable. It has also agreed to dramatically reduce the time permitted for affected employees to file an appeal from the 30 days that other federal employees have to a 20 day period. And in another change, employees would not be guaranteed a hearing if there were no dispute on the factual basis for the case and would grant the agency a summary judgment. This coupled with the fight over whether most of the agency has the right to collective bargaining provides scant if any protection for federal employees in DHS.

The Department of Homeland Security is a behemoth federal Department with over 180,000 employees from many diverse law enforcement agencies, such as the Immigration and Customs Enforcement; Border Patrol; Immigration and Naturalization, etc. It was created, after turf battles with Congress in the wake of 9-11 to deal with the apparent lack of a cohesive response and apparent inability to forecast the terrorist attack on the U.S. Senator Joe Lieberman, then a Democrat, had suggested an overarching agency to coordinate the response and coordinate the sharing of information, it was initially rejected by the Bush Administration.

Then apparently, the Administration that it was an opportunity to re-organize the agencies; provide for a Czar in a Cabinet position to report directly to the President and provide many opportunities alter how the government did business. It has provided an onslaught of contracting out to security consulting firms and corporations that provide security products. Now, the Senate is looking at the DHS dependence on contractors as a problem.

The biggest opportunity in the reorganization was the opportunity to either eliminate labor unions or greatly decrease their effectiveness. The Administration proposed the same broad reorganization for the Department of Defense and working on a dual track attempted to implement new personnel rules. Federal unions have resisted and have taken the Administration in both Departments through the Administrative Process and to the Courts. It has resulted in a shaky stalemate with each side winning points and not much organization

There is no evidence that federal employees working under a Labor Agreement have not fulfilled their mission, in a timely and professional manner. Federal law enforcement officers have been under labor agreements for over 40 years and no evidence can be provided that a union contract or provision has hampered the mission in the Border Patrol, Customs or any other law enforcement agency.

Evidence by the score has shown just the opposite, the dedicated employees in these agencies have always responded quickly and professionally to any emergency anywhere or anytime it has occurred. No government official testifying in Congressional hearings has been able to illustrate that point. The arguments to the contrary are usually anti union Congressional members in passing or that it could happen.

The response to 9-11 at the World Trade Center demonstrated how dedicated union folks are to their mission. Most of these first responders who died at that hallowed place were unionized firemen, police, transit workers, and Emergency Medical teams. And doesn’t remember those unionized construction workers who rushed by the hundreds to Ground Zero and risked life and limb to rescue and recover. Those who didn’t die that on that fateful day suffer long-term health effects.

The bargaining unit employees of DHS are dedicated, committed professional employees who deserve to be treated with respect for the work they accomplish on behalf of this country. They should have the right to collective bargaining and a means to redress any disputes that may arise. They are concerned about their working conditions and their ability to be able to function without the fear that they have no redress for conditions created by overzealous management actions.
Those federal workers deserve the right to be able to do their job like any other federal employee, a with same protections of collective bargaining and an independent third party to settle any disputes they may arise. To do less threatens their security.