A United States senator and eight U.S. Congressional representatives recently urged U.S. Secretary of Defense Donald Rumsfeld to exclude civilian mariners from all provisions of the new Department of Defense (DoD) National Security Personnel System (NSPS).“The existing civilian mariners system has served this nation well, and including these individuals in the NSPS may have the unintended consequence of impairing our military sealift capability,” wrote Senator Rick Santorum (R-Pa.) in a letter dated July 26.
A month earlier, the following Congressional representatives expressed similar sentiments in a joint letter to Rumsfeld: Jim Saxton (R-N.J.), Don Young (R-Alaska), Chris Smith (R-N.J.), Frank LoBiondo (R-N.J.), Candice Miller (R-Mich.), Charles Boustany (R-La.), Walter B. Jones (R-N.C.) and Jo Ann Davis (R-Va.).
“CIVMARS have played a critical role as an adjunct and a resource to our Nation’s war fighters by placing themselves in harm’s way while serving on U.S. Military Sealift Command ammunition ships, combat stores ships, hospital ships and ocean tugs as well as U.S. Army Corps of Engineers’ vessels and Navy pilot vessels,” the representatives noted in their communication to Rumsfeld. “The existing CIVMAR system has a proven record of providing the DoD with a ready pool of well-trained, highly skilled, experienced U.S. seafarers who are able to achieve cost and operational efficiencies through innovative commercial crewing models. But that could change dramatically” if they are included in the new NSPS.
The representatives hit on a key element of this situation when they pointed out, “Many of those directly involved have serious concerns that the introduction of the NSPS will cause a disconnect between CIVMARS and the commercial maritime industry leading to a reduced pool of qualified CIVMARS, and potentially impairing DoD’s ability to crew ships in time of need or national emergency.
“Given the potential consequences to our military sealift and our CIVMARS, particularly at a time when we are relying heavily on sealift to support our troops worldwide, we would strongly encourage DoD to seriously consider excluding CIVMARS from the NSPS.”
Santorum observed that due to their “unique circumstances,” civilian mariners “have historically been treated differently under DoD personnel rules, most notably as legally exempted service employees. The Department has acknowledged this uniqueness, saying that civilian mariners’ working conditions more closely resemble those of active duty military personnel than most other Federal employees….”
There is extremely urgent concern throughout the labor movement regarding the new and proposed personnel rules. Unions have filed lawsuits in federal court to block implementation of the NSPS and Department of Homeland Security personnel regulations.
On August 12, a federal judge rendered a decision regarding the Department of Homeland Security new personnel system regulations. These regulations are similar to those issued by DoD for the new NSPS. The decision was 57 pages in length.
The judge held that the HR system does not lead to enforceable contracts because the DHS secretary can unilaterally declare contracts null and void without prior notice to the unions or employees. The court also found that the regulations unlawfully changed the functions of the Federal Labor Relations Authority.
A lawsuit is expected to be filed concerning the NSPS. Visit www.uniteddodworkerscoalition.org for more information.
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