| Comment Number: | OL-10504783 |
| Received: | 3/10/2005 10:24:14 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:
NSPS Comments 1. Ref. Pub L. 108-136 & 5 CFR 9901 a. Nothing in the proposal retains the rights and seniority of Congress, through OPM, to maintain uniform oversight, control or evaluation of the SECDEF personnel policies. DOD will have freedom to change at will with no standards/controls, other then the transient whims of DOD mangers & to the parochial interests of each manager. b. DOD managers have an obligation to the taxpayer to lead & facilitate employee’s productivity. This plan will give un-parallel power to DOD to punish & coerce without the burdens of over sight. c. Many employees retiring any time after the first 5 years of NSPS will receive reduced retirement benefits as a result of the negative impact of the excess rights granted to DOD by Pub L. 108-136. 2. Ref Sub “C” Nothing in this Pay Band proposal repairs the faults and weaknesses identified in the DOD demonstration projects. There is no attempt to address the lessons learned from the past. Pay Banding does not create a cohesive work force, it does divide and creates work goals exclusively focused on pay raises resulting from the transient whims of the 1st an 2nd line supervisors not the larger goals of the activity or agency. 3. Ref Pub L. 108-136 Requires DOD to document success before proceeding. None are proposed in 9901. There is nothing that helps measure progress, there are no goals, there is no strategies presented to repair weaknesses. The self-evaluation that DOD will use is meaningless and self-serving and fails to insure that the taxpayer will receive the benefits from the DOD mission and budget. 4. Ref Pub L. 108-136 & 9901.915 & 917 a. The duty to bargain in good faith at national or local level is grossly overstated. DOD demonstrated that daily during ’03, ’04. b. MSPS will be obligated to apply only DOD guidance not any government wide standards. c. Ref 9901.907,908 FLRA will be replaced with NSLRB whose members are controlled in thought and action by SECDEF and have no allegiance to Congress or the LAW. The unifying principles of government service will be lost. 5. Ref Sub. “G” The obligation to due process is lost, the presumption of innocence is lost, independent 3rd party review is lost. Standards of evidence are that for a criminal offence. Only SECDEF can reduce a punishment of separation. A 1st line sup can propose removal and that cannot be changed except by SECDEF. In every way possible NSPS grants far more rights to management, taking away much of the protections extended to employees resulting from adjudicated excesses of the past. 6. Ref Sub “G” Constituents must turn to their members of Congress to seek review of all manner of injuries; pay, job selection, job standards, demotions and most all adverse actions. An increasing burden on Congressional staffs will result from NSPS. 7. Ref 9901.514 DOD grants onto itself the exclusive right to hire any non-US citizen it wants. In the furtherance of national security it is impossible to imagine circumstances that the allegiance and loyalty of anyone can be taken for granted without citizenship as a condition.