| Comment Number: | OL-10507204 |
| Received: | 3/14/2005 9:25:55 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 Communication of charges and performance expectations – The MSPB may not reverse an action by the Department due to mislabeling or characterization of the charge as long as the employee is given enough facts to respond to the charge. So if management mistakenly accuses an employee of one thing, but then claims it really meant something else, the employee is supposed to be able to figure out what management really meant, and present a good case on his or her own behalf. MSPB also may not reverse the Department’s action based on the way a performance expectation is expressed, as long as the expectation would be clear to a reasonable person. Under NSPS, managers will be expected to change and modify performance expectations all during the year. DoD seems not to want them to be held accountable for their communication of those expectations, rather, their miscommunication must be upheld by MSPB.