| Comment Number: | OL-10503195 |
| Received: | 3/4/2005 11:09:53 AM |
| 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:
The new proposed NSPS system appears very similar to the current system if the current system is implemented properly with a few exceptions such as the 10% decrease in a low performing employee's salary, however it gives management much more power to determine who will receive pay raises and how much. It gives management far too much authority in making these decisions. The proposed personnel system (NSPS) currently has no mechanisms in place to ensure that employees are treated fairly and equitably across the system and " managers will have flexibility to manage to budget”. The Merit Systems Protection Board that will be established to review employee records "may only order corrective action if it determines that the DOD decision was a) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with the law, b) obtained without procedure required by law, rule or regulation having been followed or c) unsupported by substantial evidence". Basically, the management's decision is final and the employee is left with little avenues to dispute it unless of course it is against the law since most of this criteria is subjective. "Final determinations in setting expectations, however, are within the authority of the supervisor". "The proposed regulation eliminates the requirement for a formal set period for an employee to improve performance before management may take an adverse action. " Management already has allot of flexibility within the current system and inequities are abundant. The new proposed system gives management even more control and power over employees than the current system . " The rater will prepare and recommend the rating, number or shares, and distribution of the payout between basic pay increase and bonus, as applicable, for each employee. " The new proposed system "will be a performance-based pay system that will result in the distribution of pay raises and bonuses based upon individual performance, individual contribution, organizational performance, team performance, or a combination of those elements. " The new system will actually foster a more competitive, adversarial work environment where every one in a pay band will be competing against each other for the same "pool" of money. The proposed regulation (NSPS) gives management far too much control at the expense of the employee. This regulation basically eliminates unions, and leaves little recourse for employees who are treated or misjudged unfairly while managers are given a free reign.