Comment Number: | 05-02582-EREG-134-d7391-c32220 |
Received: | 3/8/2005 8:00:00 AM |
Subject: | Notice of Proposed Rulemaking, Request for Comment |
Title: | National Security Personnel System |
CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
No Attachments |
Comments:
In addition to the substantive arguments we have made regarding the statutory limits on DoD's authority to establish a labor relations system, we would note that the procedures DoD has used thus far have not met the requirements of 5 U.S.C. ยง 9902(m). This subsection requires that employee representatives participate in, not simply be notified of, the development of the system. The Department has said it soon will publish a labor relations system regulation for comment from the general public, a process far different than the collaborative process used by the DHS. There is no statutory authority to operate in this manner and it would be in total disregard to process that is statutorily mandated.