| Comment Number: | EM-023153 |
| Received: | 3/17/2005 1:04:17 AM |
| 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:
Subpart I Labor-Management Relations-9901.901. to 9901.929. The labor management law that has governed the employee's right to organize and engage in collective bargaining has worked since l978. There is no compelling reason to take away most of the collective bargaining or grievance rights. DoD should not create "company dominated dispute board." Any dispute board must be "jointly selected"by management and the Union. As a Federal employee of the Department of Defense, I am extremely concerned that our congress has empowered the Secretary of Defense in a manner that allows him to be a dictator under the disguise of national security. The imposition of NSPS has created a system, by which, takes the rights of employees and their unions to effectively represent labor issues. This need for "flexibility" has been in effect for many years without adversely impacting the Department of Defense. Unions and federal employees have never impeded DoD in any efforts concerning national security. Under NSPS employees will have their constitutional right to due process eliminated, Rights to appeal all revert back to the Secretary of Defense final decision. Decisions favoring the employee will be subjected to the review of the NSPS Labor Relations Board appointed my none other than, (you guessed it) THE Secretary of Defense. It is improbable to conceive that this is a non-bias Board, again denying the right of federal workers rights to due process. Employees have and continue provided an exemplary work history and it must be recognized that DoD employees are the true components of DoD not just the Secretary of Defense alone. Why do we need the term"Wholly Without Justification"? Why does the DoD or Secretary of Defense want to do away with our Fifth Amendment rights? Wholly=any disciplinary action, be it fact or fiction. Without Justification takes away all burdens of proof(No evidence, reasonable suspicion, probable cause, preponderance of evidence, beyond a reasonable doubt, clear and convincing, and 100% evidence) defenses for the employees. Where will justice come from in the NSPS System that takes away thelegislative branch of government away from the federal employees.