Think Progress

Rumsfeld Assault on Pentagon Workers Rights Rejected By Federal Judge

Donald Rumsfeld has been leading an effort to “reform” the Defense Department’s personnel system. On June 4, 2003, he testified to the Senate Committee on Governmental Affairs that the new system would preserve bargaining rights for Pentagon employees:

[T]he National Security Personnel System we are proposing…will not end collective bargaining. … To the contrary, the right of defense employees to bargain collectively would be continued. What it would do is bring collective bargaining to the national level so that the Department could negotiate with national unions instead of dealing with more than 1,300 different union locals, a process that is inefficient.

Unfortunately for Rumsfeld, the Homeland Security Department had already tried this scheme and been rejected. The judge in that case batted down the argument that government agencies can strip away bargaining rights in the interest of “flexibility”:

Congress made protection of the right to bargain collectively an independent statutory requirement. It did not give the Agencies discretion to sacrifice collective bargaining in the interests of flexibility, any more than it authorized them to rely upon “flexibility” to waive merit system principles or other rights.

Today, U.S. District Court Judge Emmett G. Sullivan agreed with the reasoning in the Homeland Security Department case. He rejected the argument made by Rumsfeld in 2003, finding that the new Pentagon personnel system violates the law:

[A]s was the case in Chertoff I, this Court concludes that…the new rule fails to ensure even minimal collective bargaining rights.

It’s a big victory for the 700,000 Pentagon employees working to defend our country, who deserve better than to have their own Defense Secretary trying to strip away their rights.



19 Responses to “Rumsfeld Assault on Pentagon Workers Rights Rejected By Federal Judge”

  1. jurassicpork says:

    Remember Jill Carroll? Apparently not, since not one place, out of the countless blogs to which I’d gone yesterday, had even mentioned her. Why was yesterday so important? Because her kidnapper’s latest deadline ended yesterday and we still have no word on her fate. If you major bloggers, you John Aravosis, you Jane Hamsher, you Atrios, you Kos or anyone else who has the power to mobilize as we did just before the Alito cloture vote reads this, then please click on this link and read my impassioned plea to start mobilizing and talking to the State Department about getting Jill safely released. Please read this post, as it is likely the best and most impassioned blog entry I’ve ever written (and passion is not something in which I notable lack). I don’t have the juice to jam emails inboxes or fax machines but several of us do, and this is aimed specifically at the Hamshers, the Aravosis’s, the Kos’s, the Amatos and the Atrios’s. Thank you.


  2. Optimist says:

    Pork,
    I understand your plea, but is disingenuous in that if you are truly concerned about the well being and safety of innocent american bystanders, then what about all of the innocent Iraqis? Or the folks who have been rendered? Or the ones who are held illegally in Gitmo and the other secret prisons?

    I truly hope that Ms. Carroll gets out alive. But I also hope that our troops get out alive, and that Iraqis are allowed to achieve peace, and the kidnapped foreigners that are being detained by the US are released, and that the perpetrators of this heinous and illegal action that we call the Iraq War are penalized for the 100,000’s of deaths and injuries that they have caused.

    This is where your focus should be, if you are truly basing your plea on what is right for humanity.


  3. prabhata says:

    So the judge decided that the employees working for the Pentagon deserve to keep collective baragaining. Too bad that most of the government employees vote Republicans and will never give the Democrats any credit for their labor rights.


  4. Gregor Samsa says:

    Someone should tell Sec. Rumsfeld that you go to work with the personnel system you have, not the one you wish you had.


  5. Don says:

    working to defend our country

    nice literary touch


  6. WiscoDuk says:

    Rummy’s doing his Python Holy Grail rabbit imitation again –

    Those unions got “huge nasty teeth” (Just wish it were true)


  7. Jay Randal says:

    Rumsfeld should be forced to resign because of his criminal acts regarding the Iraq occupation and authorizing torture! He really should be prosecuted and imprisoned for everything he has done!


  8. Marie says:

    It’s so hard to work for someone who has met his Peter Principle.


  9. Spudge_Boy says:

    Hey jurrasicpork,

    The liberals are the bleeding hearts. Remember? So, is the Republican party a kinder gentler war machine now. Nice way to try and drive the thread off topic.

    If you want to know what is going on with Jill Caroll, go to any main stream media site.

    Here, from the front page of CNN:

    null

    CNN
    February 27, 2006
    Khalilzad: Iraqis say Carroll alive

    Iraqi officials believe kidnapped American journalist Jill Carroll is alive and they are working toward her release, the U.S. ambassador to Iraq said Monday.

    In a broadcast interview, Zalmay Khalilzad said, “Yes, I did talk to the minister of interior late last night, and he said that based on the information that he has, that she is alive and that they have information with regard to where she might be held.

    You see, here we discuss importnat topics that aren’t covered by the MSM. Jill Caroll is just another “missing white girl” story. Sorry, but that is true. She shouldn’t have been there in the first place.


  10. Trinary Suka says:

    That rummy is sumthin’ else. greedy lil fingers just a wrigglin, all excited like, manic, devious. lil beedy eyes, slickish hair, smarmy answers, deciet, scheming, loathsome.

    yupp its official.
    the guys creepy


  11. Kitty says:

    As long as Rummy has his. He is the wealthiest member of Bush’s cabinet.


  12. Clif says:

    One little secret about saving the union jobs of the pentagon civilian workforce is the privatising of their jobs to contractors.

    Want an example? The military ID card program. That has been privatised. How do I know you ask?

    Well when my daughter went to Ft. Knox KY, she had a private contractor provide her active duty ID card for her to deploy to Iraq.

    So Donald Rumsfeld has the US military ID cards placed in a private corporations hands, not the US Militaries.

    And just for your information a US Military ID card is accepted as a passport in many countries around the world, and provides open access to all military bases, I should know I still have one for some of my medical care, and PX and Commisary priviledges.

    The card does not get you into any restricted areas unless you are on the access roster, but you can get to the front door.

    It is not just the ports we need to worry about, this group of privatise this outsource that wll give anything away to help their campaign contributors make an easy buck off the taxpayers of this country.

    RANT OFF


  13. JIMBO says:

    Bad enough that the Pentagon got hit on 9/11. Rumsfeld now thinks the people who work there are worth anything?

    Rumsfeld is worth nothing but shit.


  14. Evil Spaniard says:

    #12 That implies security problems too. That private company has a Data Base somewhere with the 700.000 Pentagon workers data. They know every soldier, special ops and CIA agents with military acreditation in the world. Too much concern for a private company?


  15. big papa says:

    To all you Teamsters, and Buildings and Trades union traitors who broke away from the AFL-CIO at a time when the criminal Bushite junta and their ignorant poor/middle working class sycophants and worshippers are perpetrating an all out frontal assault against unions

    …take a good, long, hard look at what you’ve done to your collective bargaining power

    …you’ve diluted it, diminished it, destroyed it at EXACTLY the wrong time…

    reconcile your differences, and change the AFL-CIO national leadership from within…

    STOP BEING STUPID

    …and for God’s sake (and the sake of the poor/middle working class unionists who believe in the power of collective bargaining) STOP VOTING REPUBLISCUM!!!!!


  16. WiscoDuk says:

  17. felicity smith says:

    It seems the Marines in Iraq have had their email privileges and some Internet sites blocked out – sites which are unpatriotic, subversive, left-wing…(Marine Corp brass or whoever wasn’t very specific.) Now the Pentagon is punishing its civilian workers. My lord, this administration is at war with everybody. I wonder if people are packing in the White House corridors.



  18. Teeladen says:

    Rumsfeld going home

    Many greetings from Teeladen in Einbeck, Germany



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