| Comment Number: | EM-017433 |
| Received: | 3/14/2005 2:28:28 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:
Dear Sirs: 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 am a retired federal employee, and a former president of the American Federation of Government Employees. I was appalled when the Republican Administration of 2001 unilaterally took away the something that the Federal Service had been working on under the Clinton administration, where unions and management could partner to work through issues regarding conditions of employment. The introduction of the NSPS is shocking from a labor-management perspective, and bends perspectives so far to the management view that I believe recruiting for vacancies in the future will be difficult. I've known many people in the past who have pursued positions with the US Government because of their history of impartiality when it comes to raises, pay increases, and reduction in force. The new NSPS will do away with all of that with one fell swoop. These rules would create a system in which federal managers are influenced by favoritism rather than serving the civil concerns of the American people. Perhaps the most unsettling of all is that federal employees could be assigned anywhere in the world, even into a war zone, with little or no notice. Federal employees have signed up for civilian jobs, and did not enlist in the military. It is appalling that the very administration who wrecked the economy, added a huge financial deficit, and did nothing to add new jobs is the very same one who started the war which now is in need of manpower. So, in order to provide the manpower that is not being provided in sufficient numbers through recruitment into the active duty and reserve military, the administration feels compelled to tap a new resource - federal employees. And, because the job market provides little choice to the unemployed during these times, people will take federal jobs, only to be deployed later. A back-door draft, to be sure. A shocking turn for the federal government, desperate to nurture a war that came about only through lies to the American people. The regulations are an attack on workers' basic rights. 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. Specific comments are provided below. Thank you. General: I believe the proposed NSPS will undermine the Civil Service and hurt the mission of the DoD employees. Subpart C Pay, Sections 9901.301 to 9901.373 The employees in DoD should continue to receive the same annual pay across-the-board adjustment that other GS/FWS workers receive. The individual pay increases for performance should include guaranteed percentages in the regulations so that employees will understand the pay system and what their pay increase will be depending on their performance. Subpart D Performance Management - 9901.401 to 9901.409 In order to insure fairness and accuracy, DoD employees should be able to appeal any performance rating to an independent grievance and arbitration process like they can do now. Subpart F Workforce Shaping - 9901.6012 to 9901.611 DoD should not change the current layoff/RIF rules which give balanced credit to performance and the employees valuable years of committed service to DoD. Subpart G Adverse Actions - 9901.701 to 9901.810 Due process and fairness demand that the independent body reviewing a major suspension as termination be allowed to alter the proposed penalty if they deem it to be unreasonable. The current standards approved by the courts to guide such bodies should continue to be used. Subpart I Labor-Management Relations - 9901.901 to 9901.929 The labor management law that has governed the employees' right to organize and engage in collective bargaining has worked well since 1978. There is no compelling reason to take away most of the collective bargaining rights or grievance rights. DoD should not create a "company dominated dispute board." Any dispute board must be "jointly selected" by management and the Union.