October 17, 2006
Emily Ryan
(202) 639-6421

AFGE Asks, and Judge Agrees to Maintain Injunction/ Retain Jurisdiction in DHS Personnel System Case

(WASHINGTON)—Following a Department of Homeland Security choice not to appeal a court decision that blocked the labor relations portion of its personnel system, known as MaxHR, AFGE today asked the judge that ruled on that decision to retain jurisdiction and maintain her injunction.

In a meeting with Judge Rosemary Collyer and representatives from DHS and the Office of Per­sonnel Management, AFGE and the other unions associated with the MaxHR lawsuit asked that the judge maintain her prior injunction and remand the case to DHS and OPM in accordance with the Court of Appeals decision that also found the labor relations parts illegal.

“AFGE and its partners in the coalition against MaxHR believe it is in the best interest for all involved if the injunction stayed intact while DHS and OPM reconsider their future recourse of action. The judge agreed with the unions, remanded the case, retained jurisdiction, and ordered DHS and OPM to provide a status report in 9 months,” AFGE General Counsel Mark Roth said. “We hope that by dropping its appeal, DHS is signaling that it is open to taking union issues into concern. Previous negotiations did not go as we had hoped, but we are looking at this as a fresh start.”

AFGE, the largest federal union in the coalition, also represents the largest constituency of Homeland Security employees across the nation.

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