| Comment Number: | EM-001348 |
| Received: | 2/26/2005 1:36:31 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:
February 26, 2005 DoD NSPS Comments , DoD NSPS Comments: Commenta: NSPS is the death of Federal Civil Service for DOD employees and is nothing short of "union busting". Civil Servants are volunteers, not military personnel. We became civil servants to serve our country in exchange for job security and benefits. We have worked in substandard facilities and have been expected to do more with less for many years and we have performed admirably in peacetime and in war. I see this as trying to fix something that is not broken in the first place. Subpart G 9901.712, Subpart H 9901.807, Subpart F 9901.910 - Six refrences to "sole, exclusive' and unreviewable discretion". Nothing in a Federal Republic should be deemed "unreviewable". This is very dangerous. Subpart A 9901.103, Performance definitions. - Professional demeanor (actions, attitude, and manner of performance). Attitude is a matter of opinion. It would be very difficult for an employee to defend ones self if accused of having a bad attitude when they have merely asked a question or were in disagreement over something they felt was wrong or illegal. This fosters fear of reprisal, stifles creativity and promotes a dictatorial, punitive atmosphere. Subpart A 9901.106 - I do not agree that the Secretary should have sole and exclusive discretion to decide the number of union representatives he will meet with. Congress should decide this number. Also, as this stands, the unions may not be involved before the draft is actually proposed and may only be allowed to "comment". Subpart B 9901.201 through 9901.231 - No assurances that employees will get pro-rated amounts toward their next step increase. Subpart C 9901.322 - If the minimum rates for a pay band do not increase, no one in that band will get a pay raise. Subpart C 9901.332 - Locality pay will no longer be given to all employees in the same local area. Subpart C 9901.342 - Some employees can get more money under the GS system, but only if their fellow employees get less. Control points could keep most employees from ever reaching the top of their band. Subpart C 9901.352 - No saved pay in a RIF?? Subpart C 9901.361 - I do not agree that 5 USC Chapter 55, subchapter v should be waived. There is no good reason to change premium pay, it works just fine now. Subpart D 9901.406 - Most supervisors currently do not inform their employees on expectations, NSPS would be no different except with NSPS, you could lose pay or get no raise if a supervisor fails to notify you that you need to improve. This won't fix anything. Subpart D 9901.409 - The fox guards the henhouse. There will be only one place to go if you want to challenge your rating and there is no process at all to challenge a performance payout. Subpart E 9901.512 - I see no reason to change the current probabionary period. NSPS could change it to anything, five or ten years even. Subpart F 9901.611 - You could conceivably be competing for retention based upon your "loyalty", appearance, how well you "fit in or get along", whether you "ask too many questions", etc. Nothing precludes abuse of this system when you are rated on performance that includes something that is a matter of personal opinion. Personal opinion items should not be rateable. Subpart G 9901.712 (d) - Too open to abuse of authority. What "other" offenses? Preceived disloyalty because you dared to question something or did not want to go along with something you felt was wrong? This is dangerous. Subpart H 9901.807 (d) (6) - The term "wholly without justification" is an almost impossible standard. Subpart H 9901.807 (d) (8) (iii) (b) - Must be required to justify any modification or reversal of initial AJ decision, not merely just claim impact. Suppart H 9901.905 - I do not agree that any collective bargaining agreement inconsistent with this part and/or DOD implementing issuances is unenforceable. Union contracts should be allowed for the remainder of the contract cycle as a minimum in order to allow unions time to negotiate. Subpart H 9901.907 - Members of this board are hand picked by the Secretary of Defense. These members should be appointed by a more neutral entiry, perhaps a congressional committee, in order to insure that the appointees are indeed impartial. Anything less would be unwise since this Board and the Secretary want to hold so much unreviewable power. Subpart H 9901.910 - Management would have the right to do whatever they want, even to the extent of not abiding by their very own agreements. Employees do not seem to have many rights or recourses with NSPS. This needs to be addressed or morale will go even lower than it is now. Subpart H 9901.914 - This takes away even more employee rights. Subpart H 9901.921 - This takes away the union right to gather information efficiently. The Freedom of Information Act would be the only place to get information and this takes weeks, months and even years now. This is not effective and does not do justice to the aggrieved employee. This section can also affect protected activity within the scope of union representation. Sincerely,