Homeland Security: Final Regulations for the Department of Homeland Security Human Resources Management System (Subpart E) Compared With Current Law

Publication Date: February 2005

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

On February 1, 2005, final regulations to implement a new human resources management system for the Department of Homeland Security ("DHS") were published. The regulations provide for the organization of the new personnel system, describing, among other topics, the use of pay bands, how jobs will be evaluated, and how pay will be administered. In addition, subpart E of the final regulations defines the department's labor relations system. This report compares the provisions of the final regulations with similar provisions from title 5, chapter 71 of the U.S. Code. Although the collective bargaining rights for employees of DHS will be subject to the new regulations, such rights for most federal employees are otherwise governed by 5 U.S.C. chapter 71. While some of the differences involve simply a change in diction, other changes are more significant. The establishment of a Homeland Security Labor Relations Board that will perform many of the duties otherwise undertaken by the Federal Labor Relations Authority, as well as a redefining of what constitutes certain unfair labor practices are examples of these more noteworthy changes. The regulations take effect on March 3, 2005.