| Comment Number: | OL-10503454 |
| Received: | 3/5/2005 1:31:29 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:
Comments on Proposed NSPS Regulations--RIN 3206-AK76/0790-AH82 The following Regulations are in non-compliance as follows:---------------- Excerpt from the below public law states;------------- `(4) ensure that employees may organize, bargain collectively as provided for in this chapter, and participate through labor organizations of their own choosing in decisions which affect them, subject to the provisions of this chapter and any exclusion from coverage or limitation on negotiability established pursuant to law;-------------- But the Proposed Requlation states Sec. 9901.905 Impact on existing agreements.------------- (a) Any provision of a collective bargaining agreement that is inconsistent with this part and/or DoD implementing issuances is unenforceable on the effective date of the applicable subpart(s) or such issuances. --------------------- Therefore DOD issuances can override any existing agreements, which is not in accordance with the intent of the public law. ---------------- Recommend the following change - However, the Secretary, must continue all or part of a particular provision(s) with respect to a specific category or categories of employees and may not cancel such continuation at any time. Local Unions may strike when they deemed it is appropriate.