| Comment Number: | OL-10507234 |
| Received: | 3/14/2005 9:35:57 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:
Section 9901.910 – Scope of Bargaining – NSPS establishes a new management rights section, 9901.911. It spells out three categories of management rights: Paragraph (a)(1) To determine the mission, budget, organization, number of employees, and internal security practices of the Department; Paragraph (a)(2) To hire, assign, and direct employees in the Department; to assign work, make determinations with respect to contracting out, and to determine the personnel by which Departmental operations may be conducted; to determine the numbers, types, pay schedules, pay bands and grades of employees or positions assigned to any organizational subdivision, work project or tour of duty, and the technology, methods, and means of performing work; to assign employees to meet any operational demand; and to take whatever other actions may be necessary to carry out the Department’s mission; and Paragraph (a)(3) To lay off and retain employees, or to suspend; remove; reduce in pay, pay band, or grade; or take other disciplinary action against such employees or, with respect to filling positions, to make selections for appointments from properly ranked and certified candidates for promotion or from any other appropriate source. The rights shown in italics above, used to be things managers were allowed, but not required to bargain. NSPS would tie their hands and prohibit them from bargaining these things. It is hard to see this as contemporary and flexible.