| Comment Number: | OL-10503567 |
| Received: | 3/7/2005 6:49:02 AM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| Attachment: | FW NSPS.rtf Download Adobe Reader |
Comments:
Adverse actions Subpart G 2. Mandatory removal Offenses 1. MRO Dod has not yet identified proposed list They only need to have reasonable cause to believe with the information they had at the time of the action Bad investigation Adverse Actions Subpart G 3. Adverse Action Procedures 2. If there is reasonable cause to believe that a crime for which a sentence of imprisonment may be imposed, no appeal Adverse Actions Subpart G 4. Single Process and Standard for actions 3. Eliminates requirement for formal set period for Performance Improvement Plan now is 90 days with requirements for improvement Adverse Actions Subpart H 1. Appeal to MSPB 4. Department thinks it needs authority to review all MSPB to ensures that MSPB recognizes DOD mission requirements. They need special rules not used anywhere else in our government. Adverse Actions Subpart H 7. Penalty Review 5. Regulations precludes mitigating of penalty selected by DOD except where the department determines penalty is wholly without justication No way to prove they were totally wrong. Adverse Actions Subpart H 8. Attorney Fees 6. Prevailing appellant may recover attorney fees if Department action was clearly without merit based on facts known by department when action was taken. This will never be done because they will never look at anything they don't want to see. Labor management Relations Subpart I 2. Definitions 7. Collective is modified ( GONE ) consult Labor Management Subpart I 2. Definitions 8. DOD issuances will make contract that conflict unenforceable Anything they don't like they will just right a new rule to void contract Labor Management Relations Subpart I 3.Coverage 9. National Security Labor Relations Board will be appointed by the Secretary with his new rules Labor Management Relations Subpart I 7. Management Rights 10. Remove permissive subject from bargaining How would you ever come up with a process (BPR) to help save any money or redesign anything Labor Management Relations Subpart I 7. Management Rights 11. Prohibit bargaining over procedures Everyone knows that they don't need our help writting procedures Labor Management Realtions Subpart I 10. National Consultation 12. National consulting not bargaining Labor Management Relations Subpart I 11. Representation Rights and Duties 13. Determine what is and isn't not a formal discussion This is to just change the rules as to what they want us involved with Labor Management Relations Subpart I 11. Representation rights and Duties 14. EEO proceedings unions will not have such rights Labor Management Relations Subpart I 11. Representation Rights and Duties 15. Weingarten Rights Unions not able to be included in criminal investigations Without someone to help you protect your rights you don't have any Labor Management Relations Subpart I 11. Representation Rights and Duties 16. Disclosure of information Adequate alternative means exist There is always alternative way to get things, without disclosure there will not be enough time the way the have changed the new limits. Labor Management Relations Subpart I 11. Representation Rights and Duties 17. Disclosure of information may be disclosed if an authorized official determines disclosure could compromise Dept mission This will work well if the mission at the time is to remove our employee. Labor Management Relations Subpart I 12. Unfair labor Practices 18. ULP will not be a ULP to enforce a rule or reg which conflicts with collective bargaining agreement Labor Management Relations Subpart I 13. Dutie to Bargain and Consult 19. Initial Agreement bargaining after 90 days goes to the NSLRB for impasse resolution A contract cannot be negotiated 90 at any level and a national contract will take much longer, they will just impose what they want.