Comment Number: OL-10502386
Received: 3/1/2005 8:40:19 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:

First of all, I would like to state that I am glad to read in the proposed NSPS regulations that the regulations do not affect the right of employees to participate in labor organizations and bargaining collectively, or eliminate unions or bargaining units. The proposed regulation does have a major effect on what the unions can bargain on and limits the involvement of the unions in representation of the bargaining unit. It expands the non-negotiability issues, limits bargaining to post-implementation instead of pre-implementation, and limits the negotiated grievance procedures. These and other provisions on the NSPS Regulations will have a major negative impact on all unions to actively and successfully represent their bargaining unit. PERFORMANCE/ MANAGEMENT What protection will employees have to dispute their ratings? How will management insure that supervisors will not reward employees based on friendship and relationships instead of performance? This was the major reason that the pass fail evaluation system was created. Will the unions be involved in the intense training on the performance-based plan? Will there be protection for employees from being forced to perform work outside their assigned job requirements? This will be a major problem without having job descriptions or to designate certain guide lines for positions. HIRING/STAFFING Will there be any guide lines established to give hiring preference of hiring from within DOD? How do you insure that the most qualified applicant will be hired, and what protection will be in place to insure that certain favoritism are not used in the hiring process? REDUCTION IN FORCE What protection will there be to protect employees from favoritism in the processing of the retention? Will there be any provision for bumping or retreating in the process of RIF? ADVERSE ACTIONS How will do process be ensured? Will unions continue to be able to represent employees in negotiated formal grievance procedures? Will local unions have the right to negotiate in the development of MROs? Will adverse action be taken against employees for performance issues? APPEALS It seems that under the proposed appeals process, management has complete freedom to continue the appeal until it can finally accept the results that they want. With statements, such as “Nothing delays management ability to act”, gives management complete and final control of any action. There is not built in protection for the rights of the employees or of the unions. LABOR RELATIONS Expanding non-negotiable management rights and prohibiting bargaining over procedures in exercising core management rights is limiting the ability and scope of union rights. For management to only be responsible to consult with the unions is an attack on all union representational duties. Limited bargaining over certain management actions and limiting to bargaining to post-implementation also limits the rights of the unions. Who will determine the formation of the National Security Labor Relation Board, and will this Board replace to usage of the FLRA? Will the existing management labor agreements continue to be retained and enforced? Will local unions be able to negotiate on local policies that have a direct impact on bargaining unit employees? What are the certain matters that will be excluded in the negotiated grievance procedures? OTHER PROVISIONS Will the Unions have the opportunity to negotiate on the draft proposals or will their input be of little influence? What role will the unions have in the assessment and evaluation of the NSPS implementation? In review of the proposed NSPS Regulation, I believe that the implementation of the NSPS is specifically designed to limit and hinder the rights of the Labor Unions from protecting the employees that they represent. The NSPS is not designed to promote cooperation between Labor and Management, but to limit the rights of Labor