| Comment Number: | EM-022894 |
| Received: | 3/16/2005 6:44:21 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 16, 2005 DoD NSPS Comments , DoD NSPS Comments: Many arguments against NSPS may be cited, including the value of seniority, the fairness of providing cost of living raises to all levels of employees and many others. However nearly all arguments in its favor rely on the cornerstone of fairness in measuring an employee's performance. The greatest problem inherent in reaching equitable personnel decisions is that they are made by decision-makers who sometimes suffer from human emotions and failings. Whether in the private or public sector workforce, few would deny that hiring and disciplinary decisions are sometimes made on an emotional or otherwise less than objective basis. However the present system makes it more difficult for corruption or emotion to induce an unjust decision to remove an employee by maintaining a requirement for "due process," along with an appeals avenue. Moreover DFAS as a business knows that unfair decisions reversed in court may require the agency to fund court costs. However these and many obstacles to a biased or arbitrary decision would be removed by NSPS. Why would one take a pessimistic view of a federal manager's ability to render all decisions in a fair-minded and objective manner? Perhaps a recent incident will offer the best illustration. On 15 March, two DFAS employees reportedly experienced a conflict over vehicle right-of-way while exiting the parking lot at building one. One staff member, a DFAS manager, followed the other to the intersection of 56th and Lord Street where the traffic light was red. Upon reaching the intersection he exited his car and approached the other driver, directing a loud and profane tirade against that employee. The shouting was heard by employees in other nearby cars and at least one observer reported the manager's behavior as threatening. Simply put, can we presume that a manager so overcome by emotion and outrage over a trivial incident will put aside his/her feelings when writing performance reviews or rendering a decision on an employee's possible removal? Would you wish to have this manager make decisions regarding your career? Conflict of interest may take many forms, including those resulting from office romances, office romances that end poorly, friendships, family relationships, and others. Neither the current civil service system nor any regulations will prevent all unjust personnel decisions. However the current system is our best protection against extremes such as inappropriate removal of an employee. More subtle forms of bias have been demonstrated by social psychologists and sociologists for many years. Among the first of its kind, a pioneering study was conducted by a famous social psychologist in the early 1960s. The researcher was permitted to work with a grade school class where the group of students was randomly divided into two groups. The names of group A students were presented to the new instructor as students that performed well on standardized intelligence tests, while group B was presented as the "slow" group. In reality neither group's IQ or other test scores were known to the researchers. At year-end the students' grades were quantified and subjected to an accepted test of statistical significance, the Analysis of Variance. Group A students received grades that exceeded Group B students by a statistically significant margin. Without evidence of ill-will from the instructor it was concluded that unconscious bias resulted in the assigned grades. Though replicated in many forms, some researchers will not conduct this version of the study due to ethical concerns for the students. Ultimately, both unconscious and intentional bias can be important factors in decisions that impact ones life or vocation. Accordingly, reliance on a decision-maker's sense of fairness is risky at best. As such, NSPS does not offer a viable alternative to the present personnel system. Thank you for the opportunity to comment. Sincerely,