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NTEU Continues Efforts to Ensure Full Employee Due Process Rights

Wednesday, November 20 2013

Washington, D.C.—The National Treasury Employees Union (NTEU) today took another step in its ongoing efforts to ensure the full due process rights of the federal workforce.

In a statement submitted to a Senate subcommittee, NTEU President Colleen M. Kelley supported overturning a federal appeals court decision limiting the authority of the Merit Systems Protection Board (MSPB) in cases involving employees in ‘sensitive’ positions.

Earlier this year, the U.S. Court of Appeals for the Federal Circuit ruled that the MSPB could not engage in substantive review of Defense Department decisions concerning the eligibility of employees to occupy ‘sensitive’ positions that do not require access to classified information, even though the Board had been doing so for years. The reasoning behind this decision almost certainly will be extended to all federal agencies.

Given that a considerable number of NTEU members are in positions deemed ‘sensitive’ by their agencies, President Kelley said NTEU remains “greatly concerned” about the impact of the court’s decision in Kaplan v. Conyers.

She said NTEU seeks “a sensible solution balancing national security and employee due process rights.” Such a solution, she said, would permit Board review of otherwise appealable actions, where the employee is not required to hold a security clearance or access classified information.

As the nation’s largest independent federal union, NTEU represents 150,000 employees in 31 agencies and departments.

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