| Comment Number: | OL-10507086 |
| Received: | 3/14/2005 8:39:38 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:
Despite the implied promises of more money for performance, the NSPS will end the annual GS/FWS pay raise and replace it by one that is budget driven by OMB. Had it been in place over the last 3 years, you would have 6% less in your pocket under the OMB pay proposals. There are NO GUARANTEED RAISES for good or high performers in NSPS to replace the 3% step increases either. No longer will you be able to challenge your performance rating to an independent arbitrator. Whatever your manager decides, it will be the final decision – fair or unfair. If you are suspended or fired, no longer can the Merit System Protection Board (MSPB) change the penalty even where the MSPB deems it to be “unreasonable” under the facts and circumstances. DoD doesn’t want any manager’s decisions – good or bad - to be properly reviewed. And in the event the MSPB were to find completely for the employee in such cases, DoD wants to end their own “accountability” by no longer having to pay for your legal costs like they must do now. NSPS would take away the right of employees to negotiate over important issues that have made a big difference in the quality of their work and home life. Important examples are work schedule assignments, shift schedules, how overtime work is distributed, etc. Even issues like safe work procedures would be off the bargaining table. NSPS will no longer count your years of quality service, commitment and loyalty should a Reduction-In-Force (RIF) happen. DoD has proposed to make RIFs fast and easy to do. Under NSPS, only the most recent performance rating will be used to determine your rank on the RIF list. For example, your 19 years of “outstanding” ratings and service could be useless. If at the time of the RIF, your most recent rating was a highly successful, and the person of 3 years of service received an “outstanding rating” for the first time, the 20 year person would lose his/her job first before the 3 year person. Because of the loss of certain bump and retreat rights, veterans preference has also been diminished in the RIF process. Far many implementing details remain "to be determined" for one to make meaningful comments. I feel very un-informed even after reading the information on the website. As a manger even the logic presented to Congress to justify this new system seems faulty -- the examples used seem to indicate a lack of knowledge of the requirements to do certain things. It would seem that this system need to be more thought out and more detail provided before the review process is started. On the surface DoD says that they are changing things as the result of meetings/town halls but it doesn’t come across. I am concerned how training for managers will be applied to the military. I see it leading back to the old boy network Also has anyone determine if new employees join federal DoD service because of pay or job security or some other reason? Something hard to find out but just as important is why some one doesn’t consider federal DoD service. Because I don’t think even pay for performance is not going to match the corporate pay. I write to express my concerns about changes to work rules in the Department of Defense (DoD). The proposed regulations, known as the National Security Personnel System (NSPS), were printed in the Federal Register on February 14, 2005. This message will be sent to both DoD and my representatives in Congress. I have worked for DoD for years. I am angry that these proposals seem to treat the employees who help defend our country as the enemy. Most DoD employees work hard and are committed. I believe that mistreating the employees will hurt the agency’s mission. I am very upset by NSPS. This system will change the way workers are paid, evaluated, promoted, fired, scheduled, and treated. These rules would create a system in which federal managers are influenced by favoritism rather than serving the civil concerns of the American people. Annual Pay Raises Under the General Schedule and FWS, employee pay was clear. It was funded by Congress and could not be taken away. However, NSPS will take away this certainty. Salaries and bonuses are funded by DoD. In the past – as recently as just last year – DoD did not fund its awards program. Given the agency’s miserable record on this issue, how can employees feel confident that our salaries and bonuses will be funded in the future? “Friend of the Supervisor” Pay System With the new patronage pay system, which DoD calls “pay for performance,” the amount of a worker's salary will depend almost completely on the personal judgment of his or her manager. This system will force workers to compete with one another for pay raises, which will destroy teamwork, increase conflict among employees, and reward short-term outcomes. There is no guarantee that even the best workers will receive a pay raise or that the pay offered will be fair or competitive. This system will create a situation in which workers are in conflict with one another and afraid to speak out about harassment, violations of the law, and workplace safety problems. Furthermore, there will be no impartial appeal system to assure that everyone is treated fairly. Schedules and Overtime NSPS will allow managers to schedule employees to work without sufficient advance notice of schedule changes. This will make it extremely difficult for working parents to care for their children and family. It will also mean that abusive managers could harass employees with bad schedules or short notice. Overtime rotations can be canceled, which means that employees may not be able to plan adequately for childcare and other important responsibilities. Civilian Deployment Federal employees could be assigned anywhere in the world, even into a war zone, with little or no notice. I am proud to serve my country but I am also responsible for caring for my family and my personal obligations at home. We signed up for a civilian job. We did not enlist in the military. Today’s volunteer system works well. America is at war. We are fighting for democracy abroad. But the regulations are an attack on workers’ basic rights. Furthermore, NSPS will divert the attention of defense workers from the soldiers’ welfare to protecting themselves from abuse on the job. I urge you to force DoD to rethink this proposal. We need work rules that preserve fairness, serve the American people, and respect the rights of Defense Department workers. I believe the proposed NSPS will undermine the Civil Service and hurt the mission of the DoD employees. Subpart C Pay, Sections 9901.301 to 9901.373: The employees in DoD should continue to receive the same annual pay across the board adjustments that other GS/FWS workers receive. The individual pay increases for performance should include guaranteed percentages in the regulation so that employees will understand the pay system and what their pay increases will be depending on their performance. Subpart D Performance Management, Sections 9901.401 to 9901.409: In order to insure fairness and accuracy, DoD employees should be able to appeal any performance rating to an independent grievance and arbitration process like they can do now. Subpart F Workforce Shaping, Sections 9901.6012 to 9901.611: DoD should not change the current layoff/RIF rules which gave balanced credit to performance and the employees valuable years of committed service to DoD. Subpart G Adverse Actions, Sections 9901.701 to 9901.810: Due process and fairness demand that an independent body reviewing a major suspension as termination be allowed to alter the proposed penalty if they deem it to be unreasonable. The current standards approved by the courts to guide such bodies should continue to be used. Subpart I Labor-Management Relations, Sections 9901.901 to 9901.929: The labor management law that has governed the employees’ right to organize and engage in collective bargaining has worked well since 1978. There is no compelling reason to take away most of the collective bargaining rights or grievance rights. DoD should not create a “company dominated dispute board.” Any dispute board must be jointly selected by management and the union.