| Comment Number: | OL-10500621 |
| Received: | 2/18/2005 10:44:14 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:
In my opinion, supporting the current proposed regulations would be detrimental to the DOD workforce! I am highly opposed to the new NSPS system! Decades of civil service laws enacted by Congress would simply be discarded and Constitutional liberties would be at stake. For subpart D, Performance Management, the threat of supervisors playing the "favorites" game with regard to employee pay and ratings is likely. Ratings would not be grievable, which is a major step backwards. For subpart F, Reductions in Force, performance ratings would carry more weight than years of service. As one who has been through a RIF, this would be terribly unfair to those who've worked so hard and been so dedicated for so many years. For subpart G, Adverse Actions, Employees should be given the required 30 days under current law to reply and prepare to the action. Mandatory removal offenses should never be considered because of current due process afforded to employees that promote fairness and good faith opportunities for reconciliation. For subpart H, Appeals, why should the government be allowed so many opportunities for appeal decisions (four proposed instead of the current two) while the employee remains out of work? Adding layers of beauracracy would only complicate matters further and cause delays. Employees should be allowed a hearing to present their case according to the Constitution of the United States! Also, it seems that the "Douglas Factors," which have been universally applied for years by MSPB judges, would be totally rejected by the new system. For subpart I, Labor-Management Relations, the proposed regulations are nothing but an attack on the concepts of collective bargaining and the grievance/arbitration process. It will deprive unions the ability to bargain over pay issues and deny the employee grievance rights. Even the definition of a grievance is modified, as well as the right to file a lawsuit in court. Title 5 USC 7121 was amended in 1994 to strike down the same rule that DOD now proposes. Management and unions should be able to negotiate any issue that affects the workforce and not simply implement decisions without regard to employee or union concerns. Also, union representatives should be allowed to participate in "Weingarten" meetings. Unions have always looked out for the employees best interests and provide many benefits as well. We live in a democracy, not a dictatorship. The NSPS proposed regulations must be dismissed, reworked or tossed aside altogether. Lets update and improve the Civil Service Reform Act of 1978 and not trash the entire system. Respectfully submitted for your consideration.