| Comment Number: | EM-019756 |
| Received: | 3/10/2005 12:40:54 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 10, 2005 DoD NSPS Comments , DoD NSPS Comments: To: Program Executive Office, National Security Personnel System, ATTN: Bradley B. Bunn, 1400 Key Boulevard, Suite B-200, Arlington, VA 22209-5144 Subject: Comments on the Proposed NSPS Regulations - RIN-3306-AK76/0790-AH82 Subpart A - General Provisions - Section 9901.101 to 9901.108 During my 27 years of DoD employment, there have been changes (most have been for the good); however, the proposed NSPS regulations will undermine the civil service system and hurt the ability of Defense Department employees to accomplish the agency's mission. This plan will destroy employee morale at its core, crippling this countries National Security program. The Declaration of Independence states "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, and among these are Life, Liberty, and the pursuit of Happiness." National Security and Personnel Management should be SEPARATE issue, and should NOT be combined. While National Security is important, but so are lives of the civil service employees that will be ruined if you don't start listening to "We the People of the United States". As written in The Constitution of the United States. Subpart B - Classification - Section 9901.201 to 9901.231 These concepts will radically change the job classifications from a versatile work force to a limited under skilled group of employees. This system will create situations in which skilled workers will be unwilling to share information about their competency, duties, and responsibilities. The CSRS employees who retire take up to 30 years worth of job experience with them when they leave Federal Service. Defense Department should forget about replacing current government job classifications with a few occupational categories and pay banding issue because there is no reliable information to show that this system will enhance the efficiency of DoD operations and promote national security and defense. As this only undermine the spirit of cooperation and teamwork of Civilian Federal Work Force. Subpart C - Pay - Section 9901.301 to 9901.373 Defense Department employees should continue to receive the same annual pay and across-the-board adjustment that other GS/FWS workers receive. The with-in grade increases should also remain automatic. Such a drastic change in the pay structure clearly will turn friends into enemies. The Good Ol' Boy and the "Who's sleeping with the Boss this week" clubs can and do undermine National Security. Subpart D - Performance Management - Section 9901.401 to 9901.409 The old system has worked for many years and should be left alone to ensure fairness and accuracy, employees should be able to appeal any performance rating to an independent grievance and arbitration process as they do now. Subpart E - Staffing and Employment - Section 9901.501 to 9901.516 Our national security would surely be put at risk if Defense Management were able to hire non-citizens to fill critical positions. This is terrorist opportunity waiting to happen! The proposed regulations would replace provisions on hiring found in 5 U.S.C. Chapters 31 and 33 with unpublished procedures that will be prescribed at some future data through implementing issuances. This approach will be allow the Defense Department to arbitrarily develop and administer new regulations on staffing and employment that have not been available for public and union comments. Subpart F - Workforce Shaping - 9901.601 to 9901.611 Once again the Defense Department is destroying employees morale by telling them that their seniority means nothing. DoD should not change the current layoff/RIF rules, which gave balanced credit to performance and the employee's valuable years of dedicated service. Subpart G - Adverse Actions - 9901.701 to 9901.810 The current standards approved by the courts to guide such bodies should be continued. Due process and fairness demand that the independent body reviewing a major suspension as terminations be allowed to alter the proposed penalty if they deem it to be unreasonable. Subpart H - Appeals - Section 9901.801 to 9901.810 Over 25 years worth of case law will be discarded, where those precedents conflict with NSPS. This will eliminate the use of the Douglas factors, which third parties used to mitigate or overturn agency-imposed penalties. 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." A dispute board must be "jointly selected" by management and the Union. Management rights should be subject to National Union review and appeal. All forms of discrimination will run free within the Federal Government, if this NSPS plan is allowed to go into effect. People with disabilities will be subject to harassment, threats, and disciplinary actions just because management officials don't like them.