| Comment Number: | EM-019846 |
| Received: | 3/14/2005 11:52:16 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 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 over 28 years as both active duty military (25 years as an officer) and civilian civil service (3 years GS-12). 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. The General Accountability Office stated in its Executive Summary to ' A Preliminary Assessment of Dod's Plans to Implement NSPS', "Every organization benefits from the periodic review of its personnel system. Indeed, DoD has many outdated or ineffective aspects to its human resource rules, policies, and procedures. But, a system can only be as good as those who manage it." "DoD needs to focus its change strategy on identifying successful leaders who can function effectively in the new world order and support the military's mission." "Over the last 25 years, Congress has enacted laws to provide government managers with the authority to reward high performers and to take remedial action against employees not meeting performance standards, while empowering those in command to structure their agencies in a way that maximizes the ability of the workforce to meet its goals and objectives." "Many of DoD's shortcomings have more to do with ineffective leadership throughout the chain of command and not holding non-performing managers accountable, than with outmoded personnel or labor systems." "DoD asserts the current appellate system is complex, legalistic, and too slow. Certain modification can be made to expedite the process to achieve final resolution, but the American system of justice - the principles of which should also apply to DoD civilian personnel - entails due process, which at times may appear somewhat complex or legalistic." The GAO it right on the nail. There are problems. I have seen them first hand. The unions have too much power to grieve over every little, insignificant item, which causes inefficiencies. However, many managers are incompetent and NSPS gives them too much power. Over the years laws have been enacted to prevent abuses of power and NSPS will only give ineffective managers the power to abuse at will. Hiring practices need reform. I have been in command of organizations that suffered while it took 6 months to hire desperately needed individuals. My own hiring process for civil service took many more weeks than what should have been the acceptable norm. 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. The Federal Government, DoD in particular, is not in the business of making a profit. Pay for performance works in civilian inductry because of the profit motive. DoD needs to try and use its financial resources the most efficient ways possible, but pay for performance is not the way. Many other government agencies have experimented with pay for performance with no success. DoD complains that they don't have the capabillity of recruiting "top performers" and need the capability of offering higher pay and bonus to attract top talent. Wekk excuse me for being such a slug. I find that aditude insulting. Everyone knows you are not going to get rich working for the government. You trade the prospects of high wages for the security of working for an organization that is still going to be in "business" tomorrow and the next day. If someone is just out for the monetary rewards, let them work for the likes of Enron or Worldcom (they paid handsomely). 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. Let's not "throw the baby out with the bath water". Sincerely,