| Comment Number: | OL-10505143 |
| Received: | 3/10/2005 3:21:05 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:
Pay and Pay Administration - Subpart C - page 7559 v. The new NSPS System should not link pay to employee's performance rating. Eventhough the system is designed to promote a high-performance culture within DOD, this system allow supervisors and managers too much lead way to discriminate against employees if there are personal conflicts between the supervisor and the employee. The employee can be performing at a high level of work but if the supervisor or manager does not like or have had a conflict (i.e. grievance) with the employee during the rating period, this system allows the supervisor to rate and employee poorly leaving the employee with little room to appeal the rating that is given. Usually upper management and boards favor the manager/supervisors. Therefore, an employee can be performing at the top of the rating and receive no increase in pay. The current pay adjustments that are received now allows the employee's salary to keep up to date with the rise in economy. Therfore, THE ANNUAL PAY ADJUSTMENTS SHOULD NOT BE LINKED TO PERFORMANCE. Setting and Adjusting Rate Ranges - The local market supplements/locality increases should not be linked to performances for the same reasons listed above under Pay and pay administration. Rating Methodology:DOD - The distributions of share for payouts should not be determined by the rater. If an employee's salary is not at the top of the payband the manager should not have the right to decided to give the increase as a bonus (which does not carry over into the employee's retirement benefits), the payout should be added directly to the employee's basic pay until they reach the top of the payband. The way this section is written, it allow managers to set employee's retirement benefits at a lower level. TOO MUCH POWER!!! Pay Administration - Page 7561 Reassignment: For unacceptable performances, a manager has the rights under this program to reassign and employee to a different pay band level and has the right to decrease and employee salary by a minimum of 10% of the basic pay and it can exceed the 10% if the employee's current salary exceed the top of the pay band. Since the minimum amount of a promotion is 6%, this rule should only allow managers the right to decrease and employee's salary by 6%. The type of action should definately go before a board and supervisor should be required to have written justification explaining in full the reason for reassigning and decreasing salary. There are no guideline to make sure that manager/supervisor are conforming to rules and regulations and not just retaliating against an employee that is disliked. Peformance and Behavior Accountability Page 7562 - The behavior guideline being established in the NSPS allows supervisors and managers a broad range of options in dealing with unacceptable performance. What is the defination of "unacceptable performance", who establishes guideline for the supervisor/manager to follow in determining what is unacceptable performance? This is certainly based on a supervisor/managers opinion of the employee. If an employee doesn't abide by the "good o'le boy network" that employee can get "booted" out of a job at the supervisor/manger whem. The entire section on behavior accountability is definately a managers mood/pleasure call. AS STATE "SUPERVISOR/MANAGERS WILL HAVE A BROAD RANGE OF OPTIONS" leaves little room for the employee that doesn't conform to the "yes ma'am, yes sir" tactic of the bosses. Bottom line is that an employee can be performing at the top of their game and still be booted out of a job because of a differance in personalities. Worforce Shaping - Subpart F - Under the RIF procedures listed employees rights to bump to a prious series/grade held is eliminated since the Department may establish a minimum RIF competitive area on the basis of one or more of the following factions: ---Basically this is stating that even within an agency an employees right to bump are limited