Comment Number: EM-022915
Received: 3/16/2005 5:06:17 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:

4 March 16, 2005 DoD NSPS Comments , DoD NSPS Comments: 1. Supplementary Information, The Case for Action, Page 7553. How will NSPS generate more opportunities for DoD civilians? How will NSPS provide employees with greater opportunities for career growth and mobility? 2. Supplementary Information, Next Steps, Page 7573. a. Am concerned with the Secretary being given the authority to ?implement the proposal ? any time after 30 calendar days have elapsed since the initiation of congressional notification...the Secretary must determine (in his/her sole and unreviewable discretion) that further consultation and mediation are unlikely to produce agreement.? b. ?DoD plans to make the new labor relations provision effective 30 days after the issuance of final regulations, and notification to Congress as required by law? clarifies that DoD is intent on undoing current labor-management authorities as quickly as possible. 3. Section 9901.106. a. Collaboration is defined as ?working together, especially in a joint intellectual effort.? Although the NSPS law states that implementation of the new HR system will be carried out?..?in collaboration with, employee representatives,? paragraph (3)(ii) states that ?to the extent the Secretary deems necessary, employee representatives will be provided with an opportunity to discuss their views with DoD officials?? This is not actively collaborating but merely acting as though collaboration is taking place. b. Paragraph (3)(i) references ?final draft implementing issuances?. It is difficult to comment on a document when so much of the proposal is still un-issued. We are commenting on a ?Proposal? that needs to be more thoroughly fleshed out, with more review and revision. 4. Subpart C ? Pay and Pay Administration a. Annual cost of living increases are not referenced in this document. Recommend cost of living increases be included as a major feature of the pay system. These increases should not be included as part of the Performance Pay Pools but should be a separate line item. b. Section 9901.301 to 9901.373. DoD employees should continue to receive the same annual pay and across-the-board adjustments that other federal employees receive. c. Section 9901.342. Concerned that an increase in basic pay based on performance ?may not exceed the maximum rate? of the employee?s pay band rate range?; any performance pay would be in the form of a bonus, which would not be included computation for retirement purposes. Recommend this be addressed. 5. Section 9901.361. Am concerned that information regarding overtime pay, compensatory time off, etc. will not be available until ?implementing issuances?. Recommend Congressional review and approval of implementing issuances. 6. Section 9901-373. Concerned with paragraph (e), allowing the Secretary (of Defense) ?discretion to make one-time pay adjustments for GS and prevailing rate employees when they are converted to the NSPS pay system, to be described under ?implementing issuances?. Again, recommend Congressional review and approval of implementing issuances. 7. Section 9901.514 ? Non-citizen hiring. Am concerned that the NSPS system allows for the hiring of non-citizens. How will this help to make our country more secure? 8. Subpart F ? Workforce Shaping. a. Section 9901.605 ? Competitive Area. The reduction in competitive area could effectively remove the ability of current employees to be given positions during RIF. b. Section 9901.606 ? Competitive Group. Concerned with the possibility of an extremely limited competitive group during RIF. c. Section 9901.607 ? Retention Standing. Should not give equal weight to tenure and performance during a RIF. 9. Section 9901.712 ? Mandatory Removal Offenses. Concerned that ?the Secretary has the sole, exclusive, and unreviewable discretion to identify offenses? that are considered Mandatory Removable Offenses. This gives too much authority to the Secretary of Defense; should undergo Congressional approval. 10. Subpart I ? Labor-Management Relations, Sections 9901.901 to 9901.906 ? The labor-management law that has governed employees? rights 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 or grievance rights. 11. Section 9901.907 ? National Security Labor Relations Board. The Secretary is granted too much authority in appointing members for this internal board. Although paragraph (2) indicates that ?members of the Board will be independent, distinguished citizens? who are well known for their integrity, impartiality, and expertise in labor relations??, it is difficult to imagine how this board could be neutral and not politically partial. Sincerely,