Comment Number: 05-02582-EREG-64-d7391-c32006
Received: 2/25/2005 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:

Comments on proposed regulations for the
Department of Defense National Security Personnel System
RIN 3206AK76/0790-AH82
901.910
Too long. Hard to follow the references, especially when you get down to 9901.910(e)(2)(ii)(B). Would be helpful if there were internal headings, especially for the frequently references paragraphs like "(a)(1)," "(a)(2)," and "(a)(3)."

Break the long section into more paragraphs or make more sections. Here are some suggestions.

Suggestion 1: Rework 9901.910(c) like this:

(c)(1) Notwithstanding paragraph (b) of this section and at the request of an exclusive representative, management will consult as required under § 9901.917 over the procedures it will observe in exercising the authorities set forth in paragraphs (a)(1) and (2) of this section.
(2) Consultation does not require that the parties reach agreement on any covered matter.
(3) The parties may, upon mutual agreement, provide for FMCS or another third party to assist in this process.
(4) Neither the Board nor the Authority may intervene in this process.

Suggestion 2: Rework 9901.910(e) like this:

(e) When an obligation exists under § 9901.913, management will provide the exclusive representative an opportunity to present its views and recommendations regarding the exercise of an authority under paragraph (a) of this section, and the parties will bargain at the level of recognition (unless otherwise delegated below that level, at their mutual agreement) over otherwise negotiable appropriate arrangements as set forth in paragraphs (f), (g), and (h) of this section.
(f) Appropriate arrangements for employees adversely affected by the exercise of any authority under paragraph (a)(3) of this section and procedures which management officials and supervisors will observe in exercising any authority under paragraph (a)(3) of this section.
(g) Appropriate arrangements for employees adversely affected by the exercise of any authority under paragraphs (a)(1) and (2) of this section, provided that the effects of such exercise is foreseeable, substantial, and significant in terms of both impact and duration on the bargaining unit, or on those employees in that part of the bargaining unit affected by the change.
(h) In paragraph (g) of this section, appropriate arrangements within the duty to bargain include proposals on matters such as personal hardships and safety measures.
(i) In paragraph (g) of this section, appropriate arrangements within the duty to bargain do not include proposals on matters such as
(1) The routine assignment to specific duties, shifts, or work on a regular or overtime basis; and
(2) Pay or credit for work not actually performed.

Suggestion 3:
9901.910 is titled "Management rights" but only (a) deals with management rights. The other paragraphs address limitations or conditions affecting management rights. Make those other paragraphs separate sections and tie them together with appropriate references.