| Comment Number: | OL-10504359 |
| Received: | 3/9/2005 10:32:25 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:
In reading the NSPS as published in the Federal Register it becomes quite clear to the DOD employee that their rights are being stripped not only by giving management complete control over the fate of one's pay but by the basic demise of all union representation. The NSPS states "provisions of collective bargaining agreements that conflict with this part and/or such issuances are unenforceable as of the effective date of this part or such issuances"; " the obligation to notify the union well ahead of any changes in the workplace and complete all negotiations before making any changes can seriously impede the Department's ability to meet mission demands. To ensure that the Department has the flexibility it needs, the Department and OPM propose to revise the management rights provisions of chapter 71"; “ The proposed regulations prohibit bargaining over the procedures management will follow in the exercise of certain of its rights”; " The Department can take action in any of these areas without advance notice to the unions"; " the proposed regulations provide that law, Government wide rules and regulations, Presidential issuances, and DOD issuances will supersede current collective bargaining agreements where the terms conflict. This includes Department issuances in existence prior to the effective date of these regulations." "The proposed regulations specify that there is no duty to bargain over DOD issuances...In addition, management has no obligation to bargain over changes to conditions of employment unless the change is foreseeable, substantial, and significant in terms of both impact and duration on the bargaining unit, or on those employees in the part of the bargaining unit affected by the change"; " The Department has sole and exclusive discretion to grant the labor organizations' requests"; “The Secretary, at his or her sole and exclusive discretion, may determine the number of employee representatives to be engaged in the continuing collaboration process"; "nothing in the continuing collaboration process will affect the right of the Secretary to determine the content of implementing issuances and to make them effective at any time"; in fact, the union was not given the opportunity to comment on this proposal yet as the " The law spells out the specific process for involvement of employee representative in the establishment of the system , know generally as the "30/30/30 process.. These proposed regulations will be subject to the statutory process, which includes a comment period of 30 days, a minimum of 30 days for DOD and OPM to "meet and confer" with employee representatives on their recommendations, and a final 30 days for congressional notification prior to implementation." Basically continuing collaboration allows employee representatives to submit comments however "this process does not affect the right of the Secretary to make the final determination as to the content of implementing issuances." If the NSPS is truly in the best interest of the employee why is it being done at the expense of the employees right to collective bargaining? The NSPS is in the best interest of management not the majority of DOD employees.