| Comment Number: | OL-10506562 |
| Received: | 3/11/2005 7:44:52 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 proposed National Security Personnel System (NSPS) regulations issued by the Department of Defense (the Department) and the Office of Personnel Management (OPM) are deeply disturbing to me as a Department employee. I believe that these proposed regulations exceed the authority Congress granted in the NSPS statute in the following ways. The Department’s proposed NSPS regulations 9901.905(a) and 9901.914(d)(5) violate Congress’ explicit order in 5 U.S.C. 9902(b) to preserve collective bargaining by overriding any provision of a collectively bargained agreement through “DoD or Component Issuances.” In proposed NSPS regulation 9901.914(d)(5), the Department seeks to declare such issuances to be non-negotiable and superior to collectively bargained agreements. Essentially, this provision will provide the Department the authority to make any change it desires through these issuances, while barring any negotiation over these changes, in spite of Congress’ specific orders in the statute to the contrary. DoD and OPM should scrap their harmful proposals for NSPS and work collaboratively with employee unions to develop a new system, as Congress directed them to do!