| Comment Number: | OL-10501088 |
| Received: | 2/23/2005 1:33:37 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 I – Labor-Management Relations ... How do bargaining unit employees process Back Pay requests? Presently, employees are required to file a grievance to address any back pay issue. However, the definition of grievance has been modified to limit grievances solely to those issues defined as conditions of employment. And, Conditions of Employment are defined to exclude determinations regarding pay and pay adjustments. ... Are 1102 series positions excluded from the bargaining unit under NSPS? According to OPM interpretation of present law they are excluded. However, based on the same law DoD has believed that they should be included in the bargaining unit. If we rely on present law for the determination of professional employees, do we not still have the same dilemma—difference of opinion between OPM and DoD under NSPS? Do we need to address this under NSPS or will DoD yield to OPM interpretation? ... It would appear that all secretaries are excluded from bargaining units. Thank you. ... Could you better define “Management Official?” - Authority to recommend actions? Authority? Like a GS-12 Program Analyst who perhaps recommends actions be taken with regard to test and evaluation results of a weapons system? Or, like a safety specialist who advises the commander on how to implement the Safety program? - What kind of actions? Like a team lead who can recommend personnel actions, such as performance ratings, awards/recognition, adverse actions, etc., based on their closer working relationship with the workers? - There are a lot of GS-12/13 positions which are not supervisors and not professional employees (ours are not in a bargaining unit), who, because of the level of their work, act very much a part of the management team. Are they management officials even though not classified as such? ... Thank you for taking supervisors of military out of the unit. In my experience, these individuals are either in conflict with management, or told by the union that they are working against them. They have been neither fish nor fowl, so this determination should be a relief to everyone. ... Official time needs to be more accountable. Can’t you do something more with it to assure it is uniformly applied? Perhaps specify purposes in the implementing regulations. Or, have its use bargained at the national level?