Comment Number: EM-010811
Received: 3/2/2005 2:02:30 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 2, 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 28 years. I am angry that these proposals seem to treat the employees who help defend our country as the enemy. Most DoD employees work hard and are committed. I believe that mistreating the employees will hurt the agency?s mission. I am very upset by NSPS. This system will change the way workers are paid, evaluated, promoted, fired, scheduled, and treated. These rules would create a system in which federal managers are influenced by favoritism rather than serving the civil concerns of the American people. Annual Pay Raises Under the General Schedule and FWS, employee pay was clear. It was funded by Congress and could not be taken away. However, NSPS will take away this certainty. Salaries and bonuses are funded by DoD. In the past ? as recently as just last year ? DoD did not fund its awards program. Given the agency?s miserable record on this issue, how can employees feel confident that our salaries and bonuses will be funded in the future? ?Friend of the Supervisor? Pay System With the new patronage pay system, which DoD calls ?pay for performance,? the amount of a worker's salary will depend almost completely on the personal judgment of his or her manager. This system will force workers to compete with one another for pay raises, which will destroy teamwork, increase conflict among employees, and reward short-term outcomes. There is no guarantee that even the best workers will receive a pay raise or that the pay offered will be fair or competitive. This system will create a situation in which workers are in conflict with one another and afraid to speak out about harassment, violations of the law, and workplace safety problems. Furthermore, there will be no impartial appeal system to assure that everyone is treated fairly. Schedules and Overtime NSPS will allow managers to schedule employees to work without sufficient advance notice of schedule changes. This will make it extremely difficult for working parents to care for their children and family. It will also mean that abusive managers could harass employees with bad schedules or short notice. Overtime rotations can be canceled, which means that employees may not be able to plan adequately for childcare and other important responsibilities. Civilian Deployment Federal employees could be assigned anywhere in the world, even into a war zone, with little or no notice. I am proud to serve my country but I am also responsible for caring for my family and my personal obligations at home. We signed up for a civilian job. We did not enlist in the military. Today?s volunteer system works well. America is at war. We are fighting for democracy abroad. But the regulations are an attack on workers? basic rights. Furthermore, NSPS will divert the attention of defense workers from the soldiers? welfare to protecting themselves from abuse on the job. I urge you to force DoD to rethink this proposal. We need work rules that preserve fairness, serve the American people, and respect the rights of Defense Department workers. Subpart C pay sections 9901.301 to 9901.373: 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 co-workers for that raise. 9901.313: (a) to the maximum extent practicable-this is no guarantee that the employees will receive the same amount under NSPS. Certain words in these regulations allow DOD to be very flexable at the expense of the workers. 9901.304 Extraordinary Pay increase: so a few employees will receive a large pay increase, if there are no additional funds alloted to DOD for this the rest of the workers will receive less. This is outrageous! 9901.322: (a) availability 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 reassigned - 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 made effective at any time. Under the current regulations an employee is given notice and placed on a Performance Improvement Plan (30 to 60) days before adverse action is taken, again DOD is taking the rights of their workers. Subpart D Performance Management: 9901.401 to 9901.40: why does this regulation take away the right of employeesto appeal their performance ratings to an independent grievance and arbitration process? 9901.512 Probationary periods: The Secretary mat establish probationary periods as deemed appropriate - employees now have a period of 1 year, why does DOD need to change this and to what period, 2 years, 5 years. Again this is all about control. Subpart F Workforce shaping: 9901.611 to 9901.611: DOD should not change the current layoff / RIF rules which give balanced credit to performance and the employee's valuable years of commited service to DOD. Subpart G Adverse Actions: 9907.701 to 9901.810: 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. For the life of me I don't see what a lot of this new regulation has to do with National Security. It appears that DOD has decided where their next theatre of operations wil be, OPM. Sincerely,