Comment Number: OL-10501908
Received: 2/28/2005 12:49:21 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 from NSPS OVERVIEW & FACT SHEET, dtd Feb 10, 2005: (1). Regarding the 7 Guiding Principles: How fair is the competitive and cost effective principle if EDUCATION is not considered? This makes it argumentative and can be debated when another 1 of the 7 principles is to ensure accountablility at all levels. This consideration should be further discussed and applied before implementing this particular guiding priinciple policy. Will this take place? (2). One of the Key Performance Parameters (KPPs) requirements is that they must be Credible and Trusted. To ensure accountability and merit to this KPP, this feature of the system must be validated by both legal, labor relations, and the employee collective bargaining process for this option to be credible and trusted to preserve due process rights and the disciplinary and appeals process. How are KPPs going to be considered to be credible and trusted? (3). Although NSPS does not change certain elements, it still proposes changes to the following, such as classification, pay/compensation, perf. mgmt., hiring, RIF, adverse actions, appeals, and labor relations. It is important that these proposed changes be reviewed, discussed, and coordinated by affected agencies, such as legal, labor relations, and the employee collective bargaining process to guarantee the due process rights of all employees and the opportunity for union imput in development of details of NSPS, to guarantee the due process rights of all DoD employees. Will all these elements be reviewed/coordinated by all affected agencies? (4). The proposed pay banding system must be structured to include education to guarantee pay bands are fair and equitable and that the salary warrants the given salary before it is determined or payed to someone who is uneducated, not officially attended an accredited educational institution for higher education or confirmed a 4-year degree or higher. Education must count and be considered before awarding broad salary ranges to just anyone. How will this be considered or accomplished to ensure fairness to someone who already has an education or by someone who does not have formal civilian education? (5). Pay/compensation must be based not only on performance ro contribution, but there is no mention that pay should also be based on formal civilan education -- which must be considered to be fair to those DoD employees who have pursued their educational goals through a formal / accredited educational institution -- and definitely before rewarding employees just any amount of compensation. How are rewards and compensaton going to be based and tracked? 6. Adverse action and the 10-day reply period should have the legal lawyers involved to ensure due process and fair representation to all DoD employees. How and by whom are these adverse actions going to be implemented? How well are the employee protections and due processs going to be monitored or judicially reviewed? Thanks for this opportunity to address specific comments/concerns to this NSPS proposal.