| Comment Number: | OL-10500682 |
| Received: | 2/18/2005 2:06:30 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:
I believe that the NSPS system has some good elements in design, the problem with the new system is lack of accountability to management, a removing of many employee rights, and the fact that humans in general are flawed, so the application of the good design will be flawed. Within the standard setting phase, the words are used that employees will be advised and involved to the maximum extent possible. In application what will happen is that the supervisor will set the standards, then give the employee a copy and that has fulfilled the letter of the law. The law should be clear, that the Employees WILL help to set the standards in a joint effort. Congress has protected the RIF regulations and Overtime rules from some changes, here in NSPS the fact that RIF and Overtime will be changed undermines the fact that our senators and congressmen have voted to keep those systems unchanged. I must ask myself why is arbitration still within the Grievance procedure? Because if management disagrees with the Arbitration decision, they can appeal it to the NSRB and then it can be modified or dismissed? How is that BINDING Arbitration? If a neutral 3d party decides what is to happen, how does management get another bite of the pie? Management rights have been enforced to the point that a Union’s position is not ‘really’ needed, wanted, or will be taken into effect. Consultation would mean that management would listen to an idea, and then do what it wanted anyway, the fact that NO NOTICE would have to be given to unions over management rights and NO NOTICE would have to be given in other circumstances either, the fact that management has no duty to Bargain unless the change is foreseeable, substantial and significant? And even when Bargaining is obtained, Management retains the right to deviate from any bargained procedures? How is that enforceable? Why even Bargain in the first place when the Bargaining agreement can go out the window tomorrow? While Management has always had the right to discipline a Union steward, somehow this right was strengthened under NSPS. From my experience as a Union Steward is that I am picked on by Management, if I take a extra minuet on break (Where other employees can take 10), where I complete a job within a day and am criticized for taking to long (Other employees can take 2 days). Union stewards need to be ‘firm’ in their resolve, just because we ‘question’ a management decision does not mean we are discourteous, or unprofessional. A Union stewards position should be measured on how Management treats other employees, thus the NSPS ruling should be that as long as Management treats the Union Steward the same as other employees and does not punish harsher than it would another employee, then Management may discipline the Union steward as any other employee. If Management allows every other employee to take a ½ break, then the Union steward should be afforded the same, and not held ‘extra’ accountable as has happened to me. Under discipline, there seems to be a double jeopardy, if a Supervisor takes a corrective action (Letter of caution), and then the employee corrects the situation the supervisor can then down grade the performance of the employee. That is being punished twice for the same offence. The pay banding and pay for performance are all based on the supervisor, this will lead to favoritism. The supervisor (who is human and prone to vanity and mistakes) will have the ability to adjust (Down) anyone who questions there viewpoint, The supervisor will have the ability to adjust down a woman’s pay (Just because she is a woman), there is very little accountability regarding the abuse of power. The flip side to this is when the Supervisor gives a raise to someone they like (Not because of a good job). What is to stop this? I do not believe that switching to the NSPS system will make things better within the Government, it will not promote the efficency of the service in the least.