| Comment Number: | EM-022822 |
| Received: | 3/15/2005 3:31:47 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:
MY COMMENTS: GENERAL I believe the propsed NSPS will dismantled the Civil Service System and remove employees rights. Ultimately this will hamper the mission of DOD employees at a critical time when our country is at war. Federal employees have valuable years of committed service and deserve better treatment. Tge proposed system is too vague with too many critical loop holes to impact adversely on federal employees in addition to the changes that are clear to interpretation. We are and have worked for America, trained on American tax dollars, deployed soldiers and provided services to the government being held to the same oath our brave men and women swore to. This is an attack on the American working families and Union using the smoke and mirrors of "Homeland Security". We are not the terrorist, the Homeland doesn't need protected from the federal civil service employees and I am outraged this system strips the employees of their protected rights and places us lower than the Mexicans sneaking over the borders to work Wal-Mart. We earned these rights and have been dedicated servants to our country. We deserve better. DEPARTMENT OF DEFENSE'S PROPOSED NATIONAL SECURITY PERSONNEL SYSTEM SUBPART A: GENERAL PROVISIONS , 9901.101 - 9901-108 NSPS attacks protection under Title 5 while allowing NSPS the flexibility not to be limited by any law or authority. Once implemented, employees will be threatened to further adverse impacts on benefits such as health/life insurance, vacation and sick leave, workers comp, retirement and any other benefit available to target. This system reeks of Union busting and encourages a total Contract run installation while eliminating the watchdogs of government. SUBPART B: CLASSIFICATION, 9901.201 - 9901.231 DOD employess are denied an informed opportunity to comment on the expanded authority to evaluate and classify jobs due to unexplained meaning of the phrase "implementing issuances" throughout the regulations. Does that mean there will be new language, policies and procedures forthcoming? How can you comment on the unknown. Once again, this subpart definition leaves little to comment on without knowing the intent. SUBPART C: PAY AND PAY ADMINISTRATION, 9901.301 - 9901.373 There is nothing wrong with the current system already in place other than awards may not be granted due to your supervisor not considering you one his/her buddies. DOD workers should continue to receive cost of living raises automatically as well as step increase for time in service. There is enough of the buddy systems the Unions can do little about, but giving supervisors the power over pay will just encourage more favoritism and will not strenghten employees dedication or performance but will do the opposite. There will be an increase in misappropriation of funds and rewards will not be based on performance but how well you are liked by your boss. SUBPART D: PERFORMANCE MANAGEMENT - 9901.401 - 9901.409 DOD employees will be adversely affected by supervisors rewarding their favorites and overlooking hard working, dedicated employees. This will turn worker against worker, destroying teamwork and employee morale. This will impact the DOD mission. Employees will fear their livelihood being impacted severely if voicing concerns over discrimination, safety, harrassment, waste, fraud, and abuse. The supervisor may retaliate with unwarranted unacceptable ratings and pay banding confident the employee has no recourse, no Union protection for fair practice. SUBPART E: STAFFING AND EMPLOYMENT, 9901.501 - 9901.516 DOD employees are denied an understanding to the concept of this section with vague terms as "may" and the unexplainable phrase "implementing issuances". SUBPART F: WORKPLACE SHAPING, 9901.601 - 9901.611 This gives supervisor the power to jeopardize the employee's position altogether by giving the performance appraisals more weight than years in service in the event of a reduction in force (RIF). DOD should leave current rules on RIF in place which gives credit to performance and years of committed service to our country. SUBPART G: ADVERSE ACTIONS - 9901.701 TO 9901.810 "Implementing issuances" smoke and mirror tactics limit comments. Leave current table of offenses and Labor/Management agreements in place. Leaving decisions to the discretion of the secretary is unfair when his knowledge is limited on what "fair practice" is. This impacts adversely on the employees when the mere assertion of conflict of interest may compromise an employee's chosen representative the time needed. Current aggreements are impacted enough with unreasonable interruptions that employees have little relief and under NSPS will be forced to live with penalties imposed by the Secretary with little or no recourse. SUBPART H: APPEALS - 9901.801 - 9901.810 Sufficient time to prepare to appeal on adverse actions is shortened from 30 days to 20 days, threatens to limit discovery and means for gathering facts. This totally attacks an employee's due process and denies those few employees who win the appeal to recovery of their attorney's fees. Violates the Constitution of the United States in a right to a hearing. SUBPART I - LABOR-MANAGEMENT RELATIONS - 9901.901 - 9901.928 Changes all existing agreements and forms a National Security Labor Relations Board that will be deem most of the current Labor Management Agreement unenforceable with the Secretary's newly formed Labor Board. This adversely affects DOD employees rights for bargaining and representation. Federal employees could be subjected to criminal investigation for minor infractions, limited bargaining rights and changes in personnel policies, practices, or working conditions. Union representatives would be threatened with standards of conduct instead of the current "protected activity" standards. Information requests, unfair labor practices, grievance procedures are affected limiting the role of the Union and their protection of DOD employees. We have an agreement in place that is fair and most of the time works . Improve it maybe, don't destroy it, giving the 30's or 40's type government tactics over to the Secretary.