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FederalDaily - January 25, 2006

NTEU Files Brief against DHS Personnel System
Protecting Marine Mammals from Air Force Detonations
Union Wants Work Returned to Feds
Navy Contractor Took Illegal Gratuities

NTEU Files Brief against DHS Personnel System

The National Treasury Employees Union (NTEU) filed a legal brief on Monday asking the court to uphold two lower court decisions blocking implementation of Department of Homeland Security (DHS) regulations that would establish a new personnel system. The matter is before the U.S. Court of Appeals for the District of Columbia Circuit. NTEU is arguing that under the rules proposed by DHS, union contracts with the agency would not be binding and enforceable. NTEU also alleges the regulations “would severely restrict employees’ collective bargaining, due process and appeal rights.” NTEU represents 14,000 employees in DHS’ Bureau of Customs and Border Protection.

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Protecting Marine Mammals from Air Force Detonations

National Oceanic and Atmospheric Administration (NOAA) Fisheries Service is seeking comments now through Feb. 22 on a proposal from the Air Force to conduct air-to-surface gunnery exercises in the Gulf of Mexico off the coast of Florida. The exercises conducted from Eglin Air Force Base may result in the incidental harassment of marine mammals, according to NOAA. Aircraft gunnery missions involve water surface impacts of projectiles and small underwater detonations, which could potentially affect marine mammals. But Air Force plans include limiting impacts to areas where marine mammals are not sighted. If a dolphin or sea turtle is sighted within five nautical miles of the designated site, they will postpone the firing exercise, and select an alternative area. NOAA Fisheries Service said it is anticipated that no marine mammals or sea turtles would be seriously injured or killed.

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Union Wants Work Returned to Feds

The IRS should use recently-enacted legislative authority to conduct public-private competitions to bring back into the hands of agency employees work it previously contracted out, the National Treasury Employees Union said on Jan. 24. The new legislation is part of the 2006 Transportation-Treasury Appropriations bill. NTEU said before this bill became law, agencies did not have the authority under government contracting rules to conduct such competitions to determine whether previously contracted work should be brought back in-house. In a letter to IRS Commissioner Mark Everson, NTEU President Colleen Kelley said three areas where IRS employees would provide the best value are: the IRS’s lockbox program, the work of its Modernization and Information Technology Services organization; and its Agency-Wide Shared Services mailroom function.

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Navy Contractor Took Illegal Gratuities

Barbara Speller—a former independent government contractor at the Norfolk Naval Shipyard in Portsmouth, VA—pleaded guilty to two counts of accepting illegal gratuities and one count of conspiracy to accept illegal gratuities, the Department of Defense (DoD) inspector general announced last week. Speller was sentenced to a 21-month incarceration period and three years of probation. She was also ordered to pay more than $250,000 in restitution. By 2003, a joint DoD and Navy investigation uncovered that Speller accepted “items of value” from Expedited Cargo Services, Inc., in exchange for awarding government freight transportation contracts for the Norfolk Naval Shipyard. The company provided 41 cash payments to Speller, ranging from $1,000 to $4,600, and paid for several meals. Speller performed duties related to the shipping of freight in support of the Navy both as a federal employee (from 1987 to 1998) and later as a contractor.

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