Employment Law News

Sweeney Leads Passage Of Pro-Labor Homeland Security Amendment

WASHINGTON- Representative John E. Sweeney (R-Clifton Park) shepherded through the House of Representatives a key amendment to the Homeland Security bill that broadened worker protections for employees of the new Department of Homeland Security.

The amendment-sponsored by Rep. Jack Quinn (R-NY)-was the result of extensive negotiations between Rep. Sweeney, Quinn, congressional leaders and the White House.

The provisions championed by Rep. Sweeney include:

- Deleting the authority of new Secretary of Homeland Security to exclude individual employees from collective bargaining rights. That authority would solely rest with the President - and only due to national security concerns.

- Ensuring the direct participation of employee representatives in the planning, development, and implementation of any human resources management system. Accomplishes this goal by requiring the Secretary of Homeland Security and the Director of Personnel Management to provide each employee: (1) a written description of the proposed adjustment; (2) 60 days to review the proposal; and (3) full and fair consideration to the employee's recommendations.

-Preserving appeal rights for employees, emphasizes due process, expedites resolutions and requires consultation with the Merit Systems Protection Board.

- Placing "Sense of the Congress" language directly into Chapter 97 of Title 5 of the US Code that clearly protects the employee's right to appeal and due process.

Rep. Sweeney's efforts in the passage of the labor amendment were significant in coming one step closer towards passing the final bill. The amendment struck a balance between addressing the concerns of labor workers and using caution not to compromise the security functions of the new agency by giving the system the ability to meet the needs, goals and mission of the new Department.

"The new security department is about ensuring the safety of all Americans," said Sweeney. "As we give the system the tools it needs to be as strong and effective as possible, we must also protect the rights of the people who are working to protect our safety."

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	Did You Know?
	About at will employment In certain states, employers do not have the right to terminate employees "at will" if the termination violates public policy, an implied employment contract, or an implied covenant of good faith and fair dealing.