Comments:

Comments regarding NSPS

Subpart A - General Provisions

9901.102 Eligibility and Coverage
Personnel Demonstration Laboratories are supposed to be exempt from both Human Resources and Labor Relations aspects until October 2008.  DoD is trying to implement the Labor Relations sections across the board beginning in July 2005.

9901.106 Continuing Collaboration Process
Collaboration without any obligation to an agreed outcome is meaningless for employees and unions

Subpart B - Classification

9901.201 - 231 General, Classification Structure, Classification Process, Transitional Provisions
These sections give no detail, only ideas that will be figured out later. This is unacceptable since there is only collaboration and no binding negotiations on these subjects.

Subpart C - Pay and Pay Administration

9901.301 - 334 General, Overview of Pay System, Setting and Adjusting Rate Ranges, Local Market Supplements
Even though total money for salary will remain the same thru 2008 there is no objective way of distribution. After 2008 the money may not even be there.

By not adjusting the minimum rate in pay band DoD avoids having to pay a cost of living raise.
Within a single pay band there can be multiple pay levels depending on job series
Locality pay or Local Market Supplement, which is supposed to be an adjustment for the cost of living in a particular area, will be used as a manipulative tool to pit different segments of the workforce against each other.  This will cause significantly lower pay of technicians in an area where there are not already high paying complex electronics jobs in that area. This would reduce standard of living in those areas and produce less tax base and revenues and further depress these areas of our country

Locality Pay (Local Market Supplements) can be withheld for performance, when it is a cost of living for the area, which has nothing to do with performance

9901.343 Pay Reduction Based on Unacceptable Performance and/or Conduct
Supervisor can reduce your pay by 10% at their whim on purely subjective material and opinions.

9901.344 Other Performance Payouts
Can increase pay based on purely subjective opinions.

9901.352 Setting Pay Upon Reassignment
This can be used to either reward or punish, without any oversight, by randomly allowing managers to reassign people without merit or cause.

9901.353 Setting Pay Upon Promotion
It will be possible to get promoted but actually have a reduction in pay.

9901.354 Setting Pay Upon Reduction in Band
Loss in pay or grade is no longer an adverse action.

9901.355 Setting Pay Retention
The rules have not been written yet.  Do not trust DoD to make rules that are fair to employees.

9901.361 Premium Pay
Gives Secretary of Defense the authority to do anything they want to pay, overtime, and benefits. Congress is totally abrogating their responsibility.

Subpart D - Performance Management

9901.405-406 Setting and Communicating Performance Expectations
Expectations can change throughout the year. Can be used to manipulate outcome.

9901-.407-408 Monitoring Performance and Providing Feedback
This is no different than the present and is what they say is the problem. If this isn't done properly, the rest is doomed to failure. So what is the point in doing this at all?

9901.409 Rating and Rewarding Performance
Doing away with Veterans preference and RIF. They are going to use your rating of record for RIF, but don't know how. Appeals are a joke! Another trust me deal.

9901.511 Appointing Authorities
Will create new positions and appointments for DoD. Would allow Supervisor to intentionally give low rating to a good performer to reward a non-performer friend with additional pay points. If this is appealed and won by good performer it wouldn't change their payout.

9901.512 and 516 Probationary Periods and Internal Placement
Currently probation periods are set for 1 year. With this spiral the probationary period will change whenever you change positions. If they move you from one job to another you will always be a probationary employee and would have no rights at all.

Subpart F- Workforce Shaping

9901.601-604 Purpose and Applicability
This give the Secretary of Defense the authority to change anything he wants, whenever he wants with no accountability.

9901.605-606 Competitive Area and Competitive Group
Adding additional criteria, which will make it impossible to advance.

9901.607-608 Retention Standing and Displacement
Doing away with bumping and retreating. This section will also make Veterans Preference meaningless.

Subpart G-Adverse Actions

9901.703 Definition
This is in conflict with 9901.343

9901.704 Coverage
Probationary employees are not covered by adverse action procedures and in other sections they can make you a probationary employee at their whim through reassignment. So therefore you could remain a probationary employee forever.

9901.712 Mandatory Removal Offenses (MRO)
Gives sole authority to Secretary of Defense to determine what offenses would be considered mandatory removal offenses. Only the Secretary can change the decision on appeal.

9901.713-716 Mandatory Removal Offenses (MRO)
An employee's notice period can be as short as 5 days if employer believes there has been a crime committed, even if there is no proof. It would now give the agency the authority to disallow employee's representation of choice based on agency discretion.

Subpart H-Appeals

9901.807  Appellate Procedures
MSPB and the appeals process would be rendered meaningless under this section. You would have to show that an adverse action decision was totally without merit and egregious in nature. The agency is no longer responsible for the cost you incur in your appeal, including attorney fees and lost wages.

Subpart I-Labor Management Relations

9901.905 Impact on Existing Agreements
Current negotiated agreements will be null and void if they disagree with any part of the regulations or any part yet to be published, guidance or implantations requirements from DoD.

9901.907-909 National Security Labor Relations Board (NSLRB) and Federal Labor Relations (FLRA)
The Secretary of Defense will appoint the National Security labor Relations board and they will answer to him. No accountability for their actions. The will replace FLRA in all hearings.

9901.910 Scope of Bargaining
It prohibits management from bargaining subject matter that is currently permissible by law. This section states that all collective bargaining is gone.

9901.912 Determination of Appropriate Units for Labor Organization
It limits the ability of employees to be represented by a labor organization based on voting requirements of the regulation.

9901.914 Representation Rights and Duties
Doing away with employee's rights to have union representation when discussing personnel policies, working conditions, organizational practices, etc. It also restricts union's rights to be present during criminal investigations. Imposes standard of conduct or representative ability of a union representative to express themselves when performing their representative duties. Restricts ability to represent employees by denying information necessary to pursue the case on top of shortening the cycle times.

9901.916 Unfair Labor Practices
If our contract or collective bargaining agreement conflicts with rules or regulations, there will no longer be a ULP to enforce those regulations.

9901.917-918 Duty to Bargain and Consult and Multi-Unit Bargaining
Basically does away with bargaining. Sets unrealistic time frames. Allows going to third parties at anytime, that is always favorable to management. If management decides they don't want to talk to the union about anything all they have to do is write a regulation about it and this makes it non-negotiable. Can force more than one union to be bound by whatever one unit and management conspire about.

9901.919-920 Collective Bargaining Above the Level of Recognition and Negotiation Impasses and Grievance Procedures
Secretary has sole discretion to determine what will be negotiated and at what level. If negotiation don't go the Secretary's way it is then submitted to a board he appoints for resolution. This makes impasses a joke.

9901.922 Grievance Procedures
This adds restrictions to what can be grieved at all.

9901.923 Exceptions to Arbitration Awards
Makes a joke of the Arbitration process. If something were to go to arbitration and the employee and union wins, the agency can deny the arbitrators award by making false accusations about National Security etc.

9901.924 Official Time
DoD will try to restrict Official time for unions to represent.

9901.925 Compilation and Publication of Data
DoD doesn't have to live up to any remedies to appeal processes if not completed by date this goes into effect.