Court rejects Homeland Security agency's worker rules

WASHINGTON — A federal court has struck down personnel rules adopted by the Department of Homeland Security, saying they violate the rights and protections given to employees by Congress.

In a ruling Friday night, Judge Rosemary Collyer of U.S. District Court for the District of Columbia said the rules did not "ensure collective bargaining" as required by the law that created the department. The rules were to take effect tomorrow.

Employee rights were a huge political issue in debates over creation of the department, which consolidated 22 federal agencies with nearly 180,000 employees.

Collyer, who was appointed by President Bush, said the 2002 law gave federal officials "extraordinary authority" to develop a personnel system without regard to many of the constraints normally imposed by Civil Service laws. But, she said, the Bush administration exceeded even the "broad authority" granted by Congress.

"Significant aspects of the human-resources system fail to conform to the express dictates of the Homeland Security Act," Collyer wrote.

The decision applies just to the Homeland Security Department. But it has broader implications because the White House has described the rules there as a model for changes it would like to make at other federal agencies.

Joseph LoBue, a Justice Department lawyer who worked on the case, refused to say whether the government would appeal the decision.

Under the personnel rules, Collyer said, "a deal is not a deal, a contract is not a contract, and the process of collective bargaining is a nullity."

She said "collective bargaining would be on quicksand" because the department could unilaterally "absolve itself of contract obligations."