| Comment Number: | OL-10506851 |
| Received: | 3/13/2005 4:49:36 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:
Subpart H, 9901.807.(h).(1). The provision that attorney fees will not be paid in the event the action was without merit based on facts that were not known to management at the time places an unreasonable burden upon the employee and the manager. The only recourse for the employee effected by the meritless action to recoup the legal cost will be to sue the manager that brought the action in Civil Court. This will be a chilling effect on any manager.