20050516NSPS

16 May 2005

Any subpart of this letter not responded too is work in progress, DOD/OPM has been given concepts on these issues and they will soon be published as the Drafts are finalized.

DoD/OPM Responds to Union Recommendations on Scope of Bargaining

Read the response at www.afgedefcon.org ! This response includes:

Emergencies and Post Implementation Bargaining
Department-wide or Component-wide Issuances
National Level and Multi-Unit Bargaining

UDWC responds to and expresses their concerns and disappointment to the May 10^th &11^th DOD/OPM response letters for the Unions. Clearly our concerns have been overlooked by the inaccurate reply that DOD submitted to us. They have not preserved the statutory rights afforded to us. Their proposed Regulation totally eliminates the statutory right to bargain, reducing the statutory scope of bargaining to zero; this is patently unlawful. The coalition’s proposal does not retain the status quo with respect to scope of bargaining; UDWC also interprets chapter 71 provisions to afford new flexibility.
New UDWC legal assertions & concepts are given to DOD/OPM

Overview is not inclusive of the entire proposals!

Subpart A General Provisions

9901-101

New definition I.A.W. 9902(f)(1)(D) of Implementing Issuances
Participation, National Consultation, and Collective Bargaining Regarding "Implementing Issuances"
Applicability of 5 USC, Chapter 71 as it applies and UDWC’s interpretation
Preserves flexibility
Guidelines for notification for continuation of collaboration
Modification to the authority to amend the Back Pay Act
Lack of Authority to create "Mandatory Removal Offenses"

Subpart B Classification

9901-201

202 Coverage

203 Waivers

211 Career groups

212 Pay schedules and pay bands

221 Classification requirements

222 Reconsideration of classification decisions

231 Conversion of positions and employees to the NSPS classification system

Subpart C Pay and Pay Administration

9901-301

Language aimed at insuring the overall payroll is not allowed to drop below the levels they would have if NSPS had not been enacted
Minimum and Maximum Pay band rates and expansions of annual increase.
Local Market Supplements

323 Suggestions for employees without a rating of record

334 presumption of rating record

341Explanation why the pay system needs to be Fair, Transparent and Credible

342 Remove language in rating officials to substitute another rating for the rating of record at any time.
Fixed number of shares and remove control points

343 Remove reference to conduct
Performance payout reform for teams and developmental positions.

352-354

356

361

373

Subpart D Performance Management

9901-401

402 remains whole and 403 deleted

404

405

406

407

408

409

Subpart G Adverse Actions

9901-701

Subpart H Appeals

9901-801

Subpart I Labor Management

9901-901

information is given
Negotiability
One stop shopping
National Level Bargaining
Exclusions

Subpart K

9901.801
Chapter 71 interpretations

Union takes proactive stance by interpreting abuse of Security Clearance Exemption on Bargaining Unit Employee’s.

Coming soon to a member sections only!

Quote of the day; Speech by AFGE Mark Roth to Charles Abell

AFGE reserve their thoughts on the actual content of this quote!

The minutes will reflect the brothers true feelings!

In other words DOD and OPM reads this site more then Union workers, because you get the message at home on E-mail and they haven’t a clue of the power we have. Solidarity