| Comment Number: | OL-10500955 |
| Received: | 2/22/2005 6:04:36 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:
Subpart A: General Provisions: The NSPS shall not be limited by any specific law or authority under title 5. So what are the other specific laws and regulations that will be precluded or impacted? We should know at the onset of NSPS. Subpart B: Classification: No specifics are yet given in NSPS to address the changes to be made in establishing the new pay system outside of the GS and WG pay systems. How will adjustments be made in respect to paybands and local market conditions? This should be spelled out prior to making any changes. What will happen to comp time, Sunday pay, night pay and hazardous duty pay, and holiday pay? Subpart C: Pay and Pay Administration: How will DOD determine comparability of private sector jobs with government jobs. Will the Unions be permitted to participate at all in this process? How will DOD establish equity, integrity and decency in respect to establishing pay rates and insure favoritism and abuse is minimal? Subpart D: Performance Management: Why only one progress review per year, and why can't an employee grieve their rating and hold management accountable for any wrongful actions? Subpart E: Staffing and Employment: No established probationary periods? Why not? Subpart F: Reductions in force: Why do veterans and disabled veterans have to compete with non-veterans for retention in a RIF when congress has always believed otherwise? Subpart G: Adverse Actions: Why are no list of offenses provided and why can this be so whimsical, such that the Secretary can change at will. Subpart H: Appeals: Allowing a decision without a hearing is unconstitutional. Why should employees be subjected to such an appeals maze which is so unilaterally in favor of management? Why are the Douglas factors removed? How can you constitutionally waive an employee's right to an attorney and have his attorney not paid if he prevails? It is not justice to make the employee pay for the employer's mistakes. Labor-Management Relations - Subpart 1: Collective bargaining is essential for establishing policies and conditions of employment to do otherwise is to make serfs and secondary citizens. There also needs to be established a third objective party to decide in cases of impasse. Employees have a constitutional right to file a law suit and this should not be abridged. Otherwise they become second class citizens or indentured servants. How can employees and the union determine and insure the objectivity and fairness of the NSLRB. Kangaroo courts have existed throughout the ages. Abridging Weingarten rights and representational (steward) rights reduces union members and officials to the position of secondary citizens. Somehow the old revolutionary expression "no taxation without (real) representation comes to mind. It is obvious that many of the "Enron Types" have migrated to the DOD. I hope that congress, the courts and citizens stand up and say "No" to these egregious and contemplated NSPS changes, for the fox is now guarding the hen house!!!!!!!!!!! God have mercy on us all.