Comment Number: 05-02582-EREG-89-d7391-c32097
Received: 3/1/2005 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:

The Department of Defense (DoD) and the Office of Personnel
Management (OPM) are issuing proposed regulations to establish the
National Security Personnel System (NSPS), a human resources management
system for the DoD, as authorized by the National Defense Authorization Act
(Pub. L. 108136, November 24, 2003).

Under the U.S Constitution, all law passed by Congress and sighed into by the President guiding Americans, must be applied equally to all citizens.

However the National Security Personnel System (NSPS) has strips federal civil employees working for the DOD of their basic rights of due process and equal pertection under the Law.

However other agencies still retain their rights afforded to them under the Civil Service Reform Act of 1978.

Even if an unreasonable law is passed and signed into law legally (procedural due process), substantive due process can make the law unconstitutional.

Under the outline National Security Personnel System (NSPS) in the Federal Register Proposed Rules Subpart HAppeals Sections. Under ยง 9901.807 Appellate procedures. NSPS will limit or deny Discovery rights, for civil servants and other rights of procedural due process), substantive due process.

Under NSPS cvil personel may be denyed or limited of their Weingarten rights.
The right of an employee to be accompanied by a Union official to a disciplinary hearing was mandated by the Supreme Courts 1975 decision in NLRB v. Weingarten, Inc. In Weingarten,

Our whole system of law afforded American is predicated on the general, fundamental principle of equality of application of the law.

Question:
How can NSPS deny our limit our Weingarten rights within the DOD, but afford this right to other governmental agencies civil employees?

Question:
Is the National Security Personnel System, (Pub. L. 108136.) Unconstitutional?
for not providing equal pertection under the Law for all.

Note: NSPS only applies to civil service working, for the Department of Defense and is not applied to equally to other agencies that are still governed under the Civil Service Reform Act of 1978.
For these reasons, stated, I oppose the implementation of NSPS.