| Comment Number: | OL-10507202 |
| Received: | 3/14/2005 9:25:38 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:
Sections 9901.805, 808 Mitigation – Mitigation of MRO actions is only allowed by the Secretary. For other adverse actions, MSPB or arbitrators may only mitigate (substitute a lesser penalty) if the penalty is 'wholly without justification.' This is an almost impossible standard. Currently, reasonable factors, such as the length of employment and prior record of the employee, may be taken into consideration in finding whether management has applied an appropriate penalty. Under NSPS, such reasonable considerations are out the window.