| Comment Number: | OL-10506420 |
| Received: | 3/11/2005 3:06:52 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:
The NSPS will significantly change the way the Department of Defense hires, fires, pays, assigns, and works with employees. Regulations call for the creation of an "internal" panel to adjudicate labor-management disputes. The members of this panel would be appointed and removed by the Secretary and severely limit bargaining on a number of issues, such as deployment, that have great impact on employees. These regulations place restrictions on the Merit Systems Protection Board's (MSPB) ability to mitigate penalties and provide the Department with the ability to reverse MSPB decisions. "The NSPS regulations critically fail to create a personnel system that embodies the independence and equality found under current law. Allowing DOD to review initial MSPB administrative judge rulings and overturn the rulings makes a mockery of MSPB's authority and totally removes any credibility from the federal employee appeals system. These radical changes leave open the possibility of biased individuals interfering in an independent quasi-judicial agency's process, while adding yet another layer to the review process that takes up time, which has been one of the key arguments calling for flexibility from the current MSPB process. These regulations will curtail employee bargaining rights and deny opportunities for frontline workers to provide critical input on departmental programs and directives. There will be absolutely no value placed on employee input which will leave the organization completely vulnerable to mismanagement. Current trends that employees have already voiced concern with are the astronomical number of "retired military" who are being brought into high GS positions, and those that retire on Friday and begin work on Monday as a "contractor" for higher pay. These trends will certainly be unstoppable, and the abuse of taxpayers money will reach an all time high.