| Comment Number: | OL-10506576 |
| Received: | 3/11/2005 10:49:43 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:
Proposed Sections 9901.918 and 919 prohibit Union member ratification of most negotiated labor management agreements. The right to vote on Union matters is a fundamental aspect of collective bargaining. DoD’s proposal to remove this right contradicts Congressional intent and the principles of collective bargaining. Section 9901.907 proposes creation of National Security Labor Relations Board (NSLRB) with appointees serving at the pleasure of the Secretary of Defense. NSPS also promises numerous “implementing issuances,” which would be at the prerogative of the Secretary of Defense. These changes effectively allow the each new Secretary of Defense to completely reverse their predecessors’ personnel policies. This “flexibility” is an inappropriate takeover of Congressional authority by DoD. The existing Federal Labor Relations Authority (FLRA) has the extensive appropriate experience and protection from partisan interference. FLRA should be assigned the responsibilities proposed for the NSLRB. Most of the proposed “Implementing issuances” will change federal personnel rules that are directly authorized by statute. Such “implementing issuances” should be subject to public scrutiny through rule making procedures as required by the Administrative Procedures Act.