| Comment Number: | OL-10506477 |
| Received: | 3/11/2005 4:06:36 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:
Not only as the Union President for IAFF Local F-108, but as a DOA employee I feel the NSPS fails the DOD, its mission, its workers and the country for the following reasons. From a union standpoint starting with Subpart A General Provisions (Sections 9901.101-108) NSPS was not developed in collaboration with the Unions, as required by NSPS law. DOD violated the law by providing only a broad outline of NSPS with no specific details on Management Training, Appeal Rights, RIF, and other important topics. Subpart G- Adverse Actions (Sections 9901.701-721) According to this due process rights of employees are severely restricted by decreasing notice of adverse action to 15 days for any alleged infraction; 5 days for any alleged offense considered by DOD as potentially jailable. Employee termination under Mandatory Removal Offenses, which are not defined, cannot be mitigated by independent third parties. Representational rights of employees are unjustly compromised; DOD can refuse an employees request for representation at DOD sole discretion. Subpart H- Appeals (Sections 9901.801-810) The current appeals process is replaced by and undefined process that allows third party review only when qualified within narrow guidelines established by DOD. Any decision by an independent third party must consider the "unique" national security mission of the Department, and the DOD "must be accorded great deference" to its interpretation of its own regulations. Subpart I- Labor Management Relations (Sections 9901.901-928) Most authority currently under FLRA jurisdiction is replaced by an internal labor relations board consisting of members chosen solely by the Secretary. All current collective bargaining agreements that conflict in any way with NSPS are nullified. DOD decides which subjects are appropriate for collective bargaining, and which unions it may chose to negotiatie with. Representational rights of employees are unjustly compromised; DOD can refuse an employee's request for representation at DOD's sole discretion. From the everyday government employee standpoint my concerns are as follows. Subpart B-Classification (Sections 9901.201-204) Job qualifications, requirements and duties are not defined. Pay ranges, schedules, bands and career groups are not defined. Subpart C-Pay and Pay Administration (Sections 9901.301-373) Annual pay increase provided by Congress/President to federal workers is eliminated under NSPS. DoD will replace the current Locality Pay system with a DOD controlled "Local Market Supplement", disregarding all OPM,OMB and Labor Dept. data and input. NSPS is not a legitimate Pay for Performance system. "Outstanding" employee pay can be frozen arbitrarily(i.e. lack of "pay pool" funds, arbitrary ceilings, pay band minimum freezes, etc.). Managers and non- managers can be combined in pay pools and would compete against each other for pay raises and bonuses. A managers decision on an employee's pay(increase or decrease) cannot be appealed. Subpart D-Performance Management (Sections 9901.401-409) The key elements of NSPS is an employee's performance rating. All aspects of the rating system are undefined, including evaluation procedures, criteria, and management expectations. Current appeals processes for performance ratings are replaced by an undefined internal process that does not allow third party review. According to the Department of Defense, NSPS will cost BILLIONS of defense dollars to implement, dollars that are desperately needed to support our troops in combat in Iraq and Afghanistan and where ever else we decide to go. NSPS will destabilize the Defense Department's civilian workforce which will weaken the war effort. Civilian workers serve as the backbone of the Department of Defense and they are vital to the success of our nation's defenses. They always have been, they always will be.