Comment Number: OL-10503523
Received: 3/6/2005 5:46:25 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:

Docket #NSPS 2005-001 RIN-3206-AK76 OR 0790-AH82. I have 24 years Federal Civil Service. Under the current Civil Service Rules I will complete my 30 years at the high step for my grade. Under NSPS you are taking away STEP and annual cost of living raises. Paragraph 9901.231 and 9901.373 "There are no assurances in the regulations that prorated amounts towards the next step or career ladder promotions will happen. This will not make long term employees feel that they are appreciated for their long service to the government. Para 9901.313. After 2008 DOD says it will provide a formula for calculating the overall amount to be allocated for fiscal years beyond FY 2008. How can people comment intelligently when the plans are still on the drawing board? PARAGRAPH 9901.341.342 Some employees can get more than under the GS system but only if some of their fellow employees get less. This will demoralize employees and cause discontent between employees and supervisors and employee to employee. The Supervisor could give one excellent employee 4 shares and give another excellent employee with the same 5 rating 5 shares. The second employee will get a bigger pay increase based SOLELY on that supervisor's decision. This is the good old boy system being revived. If they are both excellent they both deserve an equal share. DOD says it will figure out how to determine how much a performance share is worth. This should be completed prior to implementing this plan and should be approved by the House, the Senate, and the Supreme Court for equal and fair treatment of all employees. Paragraph 9901.361 Premium Pay. DOD will issue rules regarding payments including Overtime, Compensatory time off, Sunday, holiday and night pay. These rules should already be available for review by the civilians as well as Congress. Paragrah 9901.409 Challenging a rating. There will be an internal process, not a negotiated grievance process to challenge a performance appraisal rating. This puts all the power in the hands of management and is in effect UNION BUSTING. Paragraph 9901.901-9901.928 National Security Labor Relations Board (NSLRB) This panel is chosen by the Secretary and will handle many of the things currently done by the FLRA. If the Secretary picks the panel the panel will be stacked in favor of Management and Labor will not stand a chance with its appeals. The Secretary is only an appointed member of the government not elected. The Secretary ends up with more power than Congress. This must be completly reworked for justice sake. Paragraph 9901.914 Representation rights and duties. This weakens the protections provided under the so-called Weingarten rights. The cases where an employee can have a representative present are greatly reduced. This sounds very much like Germany in World War II. The employee has no protections. Paragraph 9901.916 Unfair Labor practices. Rules and regulations under NSPS are no longer eligible to have a ULP filed. This in effect takes away the rules and protections of the employees. This goes a long way toward UNION BUSTING. These rules are very incomplete of details. I believe that this entire plan needs to be completed and presented to Congress and the Supreme Court for a full legal review prior to it being offered up for public comment. Unions, and Federal employees have faithfully served this Nation longer and any of us can remember. Improvements may be needed in certain areas but wholesale slaughter of employee rights and privileges should never be left up to one appointed offical. That person cannot be held accountable for all the potential damage that could be done to Federal Civil Service. Please send this plan back to Congress and the Supreme Court for a complete review prior to its activation. PLEASE REMEMBER WE ARE CIVILANS NOT ACTIVE DUTY MILITARY MEMBERS AND SHOULD BE TREATED AS SUCH.