| Comment Number: | EM-001328 |
| Received: | 3/1/2005 2:27:42 PM |
| 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:
March 1, 2005 DoD NSPS Comments , DoD NSPS Comments: I write to express my concerns about changes to work rules in the Department of Defense (DoD). The proposed regulations, known as the National Security Personnel System (NSPS), were printed in the Federal Register on February 14, 2005. This message will be sent to both DoD and my representatives in Congress. I have worked for DoD for 27 years. I find these purposed regulations an insult to myself and my fellow co-workers, Why take away most of the collective bargaining and grievance rights? DOD says that the current system has problems, it's bureaucratic and it has delays and problems that restrict efficiency. The rights of the workers hinder the ability of the government to accomplish its goals. What a display of chutzpah! Look in any Memorandum of Agreement ( contract) in DOD under Management Rights section, ( Managements officials retain the right to determine the mission, budget, organization, to hire, assign, direct, promote, lay-off and retain employees or to reprimand, supend, remove, reduce in grade or pay, or take other appropriate action against such employee). If problems exist it's because DOD has some mangers that are incompetent, so DOD introdues regulations that gives these mangers additional controls.Why does DOD feel the need to treat its employees as the enemy? 9901.301 to 373 if these changes go through employees will be more concerned in being friends with the boss instead of their job performance. It will cause employees to compete against their fellow workers for that raise. 9901.313: (a) to the maximum extent Practicable_ this is no guarantee that the employees will recieve the same amount under NSPS. Certain words in these regulations allow DOD to be very flexible at the expenses of the workers. 9901.304 Extraordinary Pay increase: so a few employees will receive large pay increase, if there are no additional funds allotted to DOD for this, the rest of the the workers will recieve less. This is outrageous. 9901.322: (a) availabilty of funds--does this give DOD the right to adjust the pay ranges if they have budget problems. 9901.352: (a) DOD may set pay anywhere within the assigned pay band when an employee is reasigned---again this will give flexibility to DOD at the expense of the worker. (b) DOD may reduce an employee's rate of basic pay 10% for unacceptable performance---such a reduction may be effective at any time. Under the current process an employee is given a notice and placed on a Performance Improvement Plan ( 30 to 60) days before an adverse action is taken, again DOD is taking the rights away from the worker. 9901.361 Premium Pay: NSPS exempts DOD from the current code of regulations, so this pay will go into the pay pool pot and could be made available for pay-for-performance payouts; there is no guarantee that the employees working shift work, Sundays would recieve this. Under NSPS employees could be required to carry a beeper and be on call 24-7 without any compensation. 9901.401 why does this take away the right of employees to appeal their performance rating to an independent grievance and arbitration process? 9901.512: Probationary Periods, employees now have a period of one year why does DOD need to change this to two-five years? Again its all about control! 9901.6012 to 611: DOD should not change the current layoff/RIF rules which balanced credit to performance and the employee's years of committed service to DOD. 9901.701 to 810: Due process and fairness demand that the independent body reviewing a major adverse action be allowed to alter the proposed penalty if they deem it to be unreasonable. MSPB sustains close to 90 to 95% of mangements actions why does DOD want to limit the rights of employees before this board, do they want 100% 9901.907 National Security Labor Relations Board, will be appointed by the Secretary, will this board replace the investigation and decisions of the FLRA. Again we see the employee's rights being removed; this board will be subject to the direction of mangement, worse they will be mangement , how could it's views and decisions, be impartial. 9901.901 Managements rights: (2) to assing employees to meet any operational demand---why should all employees be considered deployable, under the current system, employees are identified in there postion, that they can be deployed. They then understand their roles. This change could cause undue hardship on some families. You could be notified Friday to have your bags packed because Monday your off to Iraq for a year ot two. Sincerely,