| Comment Number: | OL-10502268 |
| Received: | 3/1/2005 2:11:17 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:
Appeals - Subpart H...Section 9 (ADR)...I agree with the fundamentals you've addressed concerning ADR. I'm an Advanced Air Force Mediator currently assigned to the Air Logistics Center at Tinker AFB. I've conducted mediations in the 100+ arena here, previously at Kelly AFB, and throughout other Air Force installations. Recently I conducted a formal EEO Compressed Orderly Rapid Equitable (CORE) mediation at Seymour Johnson AFB. I found out afterward that I conducted the 1st AF CORE mediation and it resulted in resolution. My point...ADR is a valuable tool needed to intervene early in the complaint or appelate process that empowers the parties towards resolving their differences and saves the taxpayer's an enormous ammount of money. In addtion, ADR streamlines the complaint process. The addtion of CORE should add to streamlining the process. Since NSPS is supposed to shape the future, I'd like to see ADR to continue to play a vital role in this endavor. People like me (AF Mediators) are good at what we do and impact others. Unfortunately, I do not do this full time. Essentially, this is an extra duty, which I love. I'm equally dedicated and successful in my full time job as an Equipment Specialist. I'd wager to say that most if not all AF mediators are high burners...we do two or three jobs...Mediation being one of those jobs. I think it would benefit DoD if there were a pool of certified experienced mediators in full time positions to perform mediations for informal EEO, formal EEO, and formal EEO CORE complaints, along with EEO Court Ordered Mediations, Labor grievance complaints, Office of Special Counsel complaints, Congressional Complaints, Federal Labor Relations Authority Unfair Labor Practice Complaints, and any of the other type of complaints generated via work place dispute issues. I'd like to say the new NSPS will eliminate employee complaints within DoD, but we live in the real world. As long as we are all human beings, there will always be disputes. ADR, whether it's mediation, facilitation, conciliation, or evaluative mediation will always empower the workforce to make substative decisions and streamline the complaint process to save us all money and grief. The new CORE process the AF is now evaluating and using allows EEO complainants the option of choosing CORE at the onset of a formal complaint. It streamlines the process by allowing the complainant an immediate mediation session. If the session is successful, the complaint goes away. If the session is unsuccessful, AFCARO selects a fact-finder to meet with the parties to hear the merits of the case. The fact-finder is empowered to render a decision after the parties meet. Appelate rights are in effect, but normally AFCARO upholds the decision. In essence, the process is streamlined, and a considerable amount of money and time is saved. If NSPS would consider my recommendation for a full time mediaton entity within NSPS or DoD...they may want to look at evaluate mediation as a further option to streamline the current process resulting in additional time and money savings. EEO is statutory driven...the law. The only way evaluate mediation could be adopted as an option is if that statute 29 CFR part 1614 is ammended. However, NSPS or DoD could look at evaluate mediation as an option to streamline and save time and money in other complaint generated arenas such as OSC complaints, congressionals, Labor grievances and Unfair Labor Practice Charges. Essentially, evaluate mediation empowers the mediator to make a final decision if the parties cannot resolve the matter in the mediation session. The parties enter into the mediation in good faith (attempting resolution to the issues in the complaint) knowing the mediator is empowered to render a decision if needed... if the parties are successful...end of mediation and the complaint is settled. However, if the mediation results in impasse (parties cannot resolve the matter), the mediator renders a decision. J.E.