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FederalDaily - August 26, 2005

BRAC Commission Evaluates DoD Proposals
DOJ Finds Problems with Body Armor
NTEU, Park Service Squabble over Contract
Injured DHS Employee Wins Reinstatement

BRAC Commission Evaluates DoD Proposals

On the first of its final four days of deliberations, the Base Realignment and Closure (BRAC) Commission generally supported the Department of Defense's (DoD) recommendations to make changes to military bases. DoD proposed closing 33 major bases and realigning 29 others. The BRAC Commission plans to finish its deliberations and votes on Aug. 27. Meantime, it voted down some of DoD proposals, including closing Submarine Base New London, Conn., and Portsmouth Naval Shipyard, Maine . After its final vote this weekend, the panel will send its report to President Bush by Sept. 8. The president, if he concurs, will send the final list to Congress, which can accept or reject it in its entirety, but not change it. For more information on BRAC, go to www.defenselink.mil/brac/.

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DOJ Finds Problems with Body Armor

The Department of Justice (DOJ) announced that test results indicate that used Zylon-containing body armor vests may not provide the intended level of ballistic resistance. As a result, DOJ will add an additional $10 million to the $23.6 million already available to law enforcement to assist in the replacement of Zylon-based body armor vests. The National Institute of Justice (NIJ), the research, development and evaluation arm of DOJ, conducted testing on used Zylon-based body armor. In its tests, NIJ found that 58 percent of the vests were penetrated by at least one round during a six-shot test series. DOJ said until new requirements become effective, Zylon-containing armor vests will not be eligible for purchase with federal funds. For more information, go to www.ojp.usdoj.gov/pressreleases/NIJ05044.htm.

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NTEU, Park Service Squabble over Contract

The National Treasury Employees Union (NTEU) filed a grievance this week against the National Park Service (NPS). The grievance accuses the agency of violating the law in refusing to sign the parties' negotiated labor contract. Earlier this year, the parties reached agreement on most terms of a new contract. Then, on June 23, NTEU and NPS signed an agreement calling for implementation of the negotiated contract and the submission to the Federal Service Impasses Panel (FSIP) of four outstanding contract issues. However, NPS later decided not to sign the agreement. NTEU President Colleen Kelley said “no effort will be spared” by NTEU in its effort to put the new contract in place. NTEU represents 825 employees in NPS.

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Injured DHS Employee Wins Reinstatement

The American Federation of Government Employees (AFGE) announced that it won reinstatement of an employee of the Department of Homeland Security (DHS) after the agency fired her claiming she was medically incapable of completing job training. The employee, a field training officer with the Immigration and Customs Enforcement, Federal Protective Services, was required to attend and complete the Mixed Police Basic Training Program. Following knee surgery, she was told that she could not attend the training and soon after was fired from her job. AFGE argued that DHS did not prove the grievant was medically unable to complete her training. The arbitrator found in favor of AFGE and awarded that the grievant be reinstated with back pay, according to the union.

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