| Comment Number: | OL-10506608 |
| Received: | 3/12/2005 10:50:19 AM |
| 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:
Subpart H Section 9901.807 Why even have an appeals process if the MSPB and other avenues of appealing management decisions is meaningless? Only way an appeal could be pertinent is if management made a decision TOTALLY without merit. Even then, if the appeal overturned management's original decision, the agency would still not be liable for the costs of the appeal, including attorney's fees and lost wages. On top of that, as read in my comment OL-10503892, the Secretary of Defense can overrule a ruling by the MSPB anyway so what's the point? This is a bad way of conducting business. One sure-fire way to prevent appeals if you're after cutting costs and time of appeals is to negotiate a resolution based on the facts and evidence of the issue. Once a resolution is agreed, then the agency's commanding officer will approve or disapprove the resolution. If he/she approves, the issue is closed. If he disapproves, then the parties negotiate with the c.o. and present him with the issues. But how often will this happen - trust me, most commanding officers (probably) won't disapprove a resolution if it's made in good faith by both parties.