| Comment Number: | OL-10506784 |
| Received: | 3/13/2005 6:46:49 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:
The Department’s proposed NSPS regulations 9901.905(a) and 9901.914(d)(5) does not follow 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. The NSPS does not enhance or improve management/employee relations. It will drive them further apart. The proposed NSPS regulation 9901.807(k)(8)(iii) denies employees their right to a fair hearing of their appeals for adverse actions taken against them by the Department. In this proposal, the Department reserves for itself the right to unilaterally reverse the decision of an MSPB Administrative Judge (AJ), merely because the Department does not agree that the decision was correct. Our country's judicial system is based upon unbiased third party judgement to settle issues and disputes. The NSPS does not follow this basic tenant. DoD and OPM should withdraw their proposals for NSPS and work together with employee unions to develop a new system that is fair and equitable to all parties concerned while protecting employee and management rights. By doing so, this will follow the directions from Congress. Thank you for your time.