| Comment Number: | OL-10501289 |
| Received: | 2/24/2005 1:46:44 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:
Human nature being what it is, I expect you will receive mostly negative comments on NSPS. Those who are satisfied are less likely to make the effort to speak up as compared to those who are dissatisfied. To break this mold, I want to commend you on paragraph 11 of Labor-Management Relations, Subpart 1, which deals with representation rights and duties at formal discussions. This language breaks the long-standing and confusing stalemate between EEOC and FLRA, as well as between the 9th Circuit and DC Circuit courts by unequivocally stating that EEO matters, including mediation and settlement discussions, are excluded from the premise that unions have an institutional right to be present. This has always been the intent of the EEOC regulations and guidance which state the primary goal is to resolve issues at the lowest level possible. Your language preserves an individual's control over his/her own EEO complaint process, maintains the confidentiality of the EEO process and takes potential union-management politics out of the equation. The addition of more bodies in a mediation room usually lessens, rather than improves the likelihood of achieving the primary purpose of mediation: mutually satisfactory settlement for those directly involved in the situation. Thank you for this much needed common sense approach. Please keep this section in the final version.