| Comment Number: | OL-10502256 |
| Received: | 3/1/2005 1:35:57 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:
Reference: Appeals Subpart H, paragraph 7, Penalty Review, page 7568 "MSPB may not modify the penalty imposed by the Department unless such penalty is so disproportionate to the basis for the action as to be wholly without justification." Who determines the proportionality of an action? If the answer is the Secretary of Defense, then labor loses 100% of the time and management wins 100% of the time. After all, isn't this why the SecDef is being given "sole, exclusive and unreviewable rights" to establish whatever rules he wants?