Unions call homeland security directive unconstitutional
By Chris Strohm
cstrohm@govexec.com
Two of the largest federal unions are threatening to sue the Homeland Security Department over a directive that prohibits employees and contractors from disclosing sensitive but unclassified information.
The American Federation of Government Employees and the National Treasury Employees Union say the directive, and an accompanying nondisclosure agreement, are "clearly illegal" and violate the First and Fourth Amendments.
DHS issued the directive last May to restrict the dissemination of a broad range of material designated as sensitive but unclassified. The department also has required employees and contractors hired since May to sign a nondisclosure agreement stating they will not disclose certain information without proper authorization, including material labeled as sensitive but unclassified.
The unions sent letters on Nov. 23 to DHS Secretary Tom Ridge and General Counsel Joe Whitley demanding that the department immediately withdraw the directive and stop making workers sign the nondisclosure agreement. The unions said they "will have no choice but to pursue appropriate legal action" if the department does not take the requested steps.
http://www.govexec.com/dailyfed/11/04/112904c1.htm