| Comment Number: | OL-10501616 |
| Received: | 2/27/2005 1:37:06 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:
Comments concerning - Federal Register: February 14, 2005 (Volume 70, Number 29) Proposed Rules: FR Document 05-2582/NSPS (National Security Personnel System) Page 7554: "The law provides that the collaboration procedures in subsection (f) are the ``exclusive procedures'' for the participation of employee representatives, provided in lieu of any collective bargaining requirements." If unions are shut out (dictation, not collaboration), where are the checks and balances? How will management know what is important to employees (locally, regionally, and nationally)? Where are the safeguards if management is allowed to dictate to employees? "Finally, subsection (h) provides that an employee against whom an adverse action is taken may seek review of the record of the case by the Merit Systems Protection Board. The Board may dismiss cases that do not raise substantial questions of fact or law. The Board may only order corrective action if it determines that the DoD decision was-- ...." How high is the bar to be set against management mistakes? Is this consistent with 5 USC 23? "In April 2004, senior DoD leadership approved the collaborative process that the Department is using to design and implement NSPS." Only after Congressional intervention did DoD "remember" to follow PL108-136.