| Comment Number: | EM-017590 |
| Received: | 3/14/2005 8:31:09 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 14, 2005 DoD NSPS Comments , DoD NSPS Comments: I believe the proposed NSPS will undermine the Civil Service and hurt the USA. By allow the Secretary of Defense to establish it own human resources management system (NSPS), we?re going back to entrusting the retention, growth and selection of civil servants to the executive branch. In the early to med 1800?s nearly all public offices were the ?spoils of politics.? By the late 1800?s, the situation was so bad that Congress passed the first civil service reform act, attempting to expunge politics, caprice and salary manipulation by large industrial corporations. It seems that as a nation we have forgotten our history and are doomed to repeat the mistake of the past. If there are problems with the current systems, then let identify them and fix them. With NSPS we have thrown the baby out with the bath water and created more problem then we have fixed. 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 Under NSPS an employee is only as good as their last performance rating, I believe that is short sighted and fundamentally wrong. DOD should not change the current layoff/RIF rules which give balance credit to performance and the employees valuable years of committed service to DOD. Subpart G Adverse Actions ? 9901.701 to 9901.810 NSPS wants us to issue them a blank check they are calling ?Mandatory removal offenses (MRO)? they have not defined what they are and they can only be mitigate by the Secretary of Defense. Due process and fairness demand that the independent body reviewing a major suspension and termination be allowed to alter the proposed penalty if they deem it to be unreasonable. The current standards approved to the courts to guide such bodies should continue to be used. Subpart I Labor-Management Relations ? 9901.901 to 9901.929 Under NSPS an employee?s Weingarten rights have been taken away when questioned by IG or other Department or Component investigatory organizations. Furthermore NSPS will no longer be bound by FLRA?s ?flagrant misconduct? standard or any other test developed through case decisions which may immunize union representatives. So if a representative in the performance of his duties openly disagrees with management or says management is wrong or lying can be disciplined for miss conduct? This will have a major chilling effect on representative trying to work grievance on behalf of employees?. The labor management law that has governed the employees? rights to organize and engage in collective bargaining has worked well since 1978. There is no compelling reason to take away most to 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. Sincerely,