| Comment Number: | EM-019848 |
| Received: | 3/14/2005 11:09:48 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 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. Having read the NSPS my comments are as follows: 1. This system appears to be 10% developed with the remaining 90% to be developed by DOD some time in the future if and when they get to it. 2. The NSPS should be implemented immediately as written for a three year test period and apply only to personnel from Mr. Rumsfeld thru all GS-15 level employees. This will allow them time to first hand work out and correct all flaws prior to affecting the entire workforce. 3. Almost every paragraph begins with DOD will establish, document, develop, designate, assign, etc. Has DOD done anything to prepare for the implementation of NSPS? 4. 9901.222 No procedure outlined. How are they requested? What are the time frames? Is this ?classified? information being withheld from the workforce? 5. 322 At what point do we find out if DOD will or will not establish, set and/or adjust rate ranges, and what will they be? 6. 323 What procedure is to be used to compute this rate range adjustment? IAW what implementing issuances. 7. 409 Why are we reverting to an evaluation system that was scrapped as a failure? What is ?appropriate rating official?? What are ?appropriate reviews, by whom? What DOD implementing issuance? When will they be established and published? What is the difference between ?supervisor? and ?other rating official?? 8. 511 This sounds like a sanctioned and blessed return to the spoils system of old. 9. 608 Define ?undue interruption?. 10. 712 Offenses will be identified in advance of what? When will departmental regs be published? 11. 808 This is a violation of the U. S. Constitution. It makes double jeopardy legal within DOD. 12. 907 All the ?authority? has to do is nothing to affirm the decision of the ?Board?. ?Good ole Boys? in action, again NO justice. 13. 908 This is a return to indentured servitude, pure and simple. What happened to our basic human, civil and legal rights? 14. 914 This is allowing and condoning the return to the spot light and rubber hose method of interrogation; no witness-no restrictions. From the beginning of this reg it is another of the SecDef?s ?do as I say, not as I do? programs. He has again totally removed him and his overpaid ?cronies? from the effects of NSPS. Again his ?screw the worker? philosophy comes out. The NSPS is a return to a totalitarian form of rule in DOD. It places complete and total power in the SecDef with his ?sole, exclusive and unreviewable discretion?. This is entirely too much power to put in the hands of one person. Especially without any or other checks and balances within the system. What is the proposed name for this new kingdom? Sincerely,