| Comment Number: | OL-10504838 |
| Received: | 3/10/2005 11:24:38 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:
Subpart D, Sections 9901.401 to 9901.409: The current appraisal system we use is a simple sat/unsat and we typically are late in getting these type of appraisals completed. If or when the appraisal system changes, the supervisors will fall even further behind. This affects both workers and supervisors, everything that is created that takes time away from the supervisor will eventually affect the workers and take time away from them, when the supervisor cannot properly supervise, train, mentor, etc. Subpart D, Sections 9901.401 to 9901.409: How will the training required by these regulations be funded? Subpart E, Section 9901.514: There might be times in other countries where the DOD would need to hire non-citizens but this requirement should be changed to read "outside CONUS". If the positions are located in the United States, only US citizens should hold them. Priority should be given to US citizens for jobs outside the US. Subpart F, Sections 9901.601 to 9901.611: The current retirement system implemented for Civil Service personnel (FERS) is not equivalent to that in private industry. For example, the retirement annuity computation formula for Northrop Grumman Corporation is 1.667% times the highest salary of the previous three years. FERS on the other hand provides on 1% of base pay. Industry employees have the same or better 401k and social security plans as well. For the employee, the total package of Pay, Benefits and retirement plan comes down to risk associated with the tenure of employment. That is to say that jobs with increased risk of lay-off, or "RIF" should carry a commensurate increase in pay, benefits and retirement. The NSPS, specifically with regard to workforce shaping, increases the government employee's risk of losing their job without a commensurate increase in pay, benefits and retirement seen in private industry. If the employees are expected to perform under commercial standards and at the same risk of job loss, then the compensation, or at least the ability to bargain for additional compensation by the employee, must also be factored into the system. Subpart F, Sections 9901.601 to 9901.611: By redefining competitive area (in reference to RIF situations), the DOD will be able to target groups of employees. In a RIF situation where these employees are selected to be released, because the competitive area is so narrowly defined, these employees will not have the chance to bump or retreat to other areas, unless offered a vacant position at the Department’s option. Subpart F, Section 9901.607: The wording is very misleading. Tenure is the first criteria for a reduction in force. However, an experienced employee recently assigned a new job could be the first to go in a RIF, without retreat rights to their previous job. Subpart G, Sections 9901.714 and 9901.715: Our current system provides an employee with a 30-day notice and 15 days to reply. The new system changes the time requirements to 15-day notice and only 10 days to reply. This will put undue time requirements on employees and anyone that would be representing them. With the new rules for non-disclosure of information this will make it virtually impossible for employees to be able to defend themselves with questionable or untrue allegations. Subpart G, Sections 9901.714 and 9901.715: Reference Adverse Actions, how can the 15 day advanced notice period and the 10 day reply period run concurrently? The period to reply runs out before the advance notice period ends. This does not make sense. The period should not run concurrently, but serially.