Comment Number: OL-10502581
Received: 3/2/2005 1:10:57 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: Docket Number NSPS 2005-001 Chapter XCIX Department of Defense National Security Personnel System (Department of Defense – Office of Personnel Management) Part 9901 –Department of Defense National Security Personnel System § 9901-607 Retention Standing (a) (2) This section downgrades Veterans’ Preference thereby giving it less weight in retention. This is a direct slap at Veterans and undermines the Civil Service rules as they have stood for years. Part 9901 –Department of Defense National Security Personnel System Requirements for Removal, Suspension, Furlough of 30 Days or Less, Reduction in Pay, or Reduction in Band (or Comparable Reduction) §9901-712 Mandatory removal offenses These are to be determined by the Secretary. It appears that these offenses may be arbitrary in nature and subjective in substance. If the offenses are as grave as this section implies then they should already be illegal. Part 9901 –Department of Defense National Security Personnel System Requirements for Removal, Suspension, Furlough of 30 Days or Less, Reduction in Pay, or Reduction in Band (or Comparable Reduction) § 9901-715 Opportunity to reply The time period is deliberately short to prevent the employee from mounting a very structured or thorough defense. This section also appears to make it expensive and time consuming to put up a defense. This section is designed to make it easy to terminate employees for any arbitrary offense as defined by the dismissing official. Part 9901 –Department of Defense National Security Personnel System Requirements for Removal, Suspension, Furlough of 30 Days or Less, Reduction in Pay, or Reduction in Band (or Comparable Reduction) Subpart H – Appeals § 9901-807 Appellate procedures Section (k) (7) (B) – This completes overrides whatever an Administrative Judge decides. Part 9901 –Department of Defense National Security Personnel System Requirements for Removal, Suspension, Furlough of 30 Days or Less, Reduction in Pay, or Reduction in Band (or Comparable Reduction) Subpart H – Appeals § 9901-808 This section allows for mandatory removal offenses to stand even if the MSPB and/or an Administrative Judges or even the full MSPB overturns it. There are no appeals of mandatory removal offenses. Part 9901 –Department of Defense National Security Personnel System Subpart H – Labor – Management Relations § 9901-903 Definitions. The Collective bargaining definition states, “…but the obligation referred to in this paragraph does not compel either party to agree to a proposal for make a concession.” In other words, this is sham collective bargaining or no collective bargaining at all. Part 9901 –Department of Defense National Security Personnel System Subpart H – Labor – Management Relations § 9901-907 National Security Labor Relations Board This board is appointed by the Secretary to do his or her bidding. This board is designed to prevent valid collective bargaining and undermine all union power and authority to represent employees. It seems to be designed to bust the union. Part 9901 –Department of Defense National Security Personnel System Subpart H – Labor – Management Relations § 9901-910 Management rights. (a) (2) This allows management to decide where, when and how an employee will work. The employee has no recourse except to quit if s/he does not agree with the duties as assigned. With the rest of this subpart on Labor – Management Relations completes the demise of collective bargaining.