| Comment Number: | OL-10507237 |
| Received: | 3/14/2005 9:36:17 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 Prior to NSPS, DoD managers could take actions within their rights, but had to bargain over the procedures they would use and arrangements they would make for employees harmed by their actions, such as single parents suddenly deployed away from their children. Under NSPS, this would change. Not only would managers not be required to bargain over the procedures they will observe in exercising their authorities in paragraphs (a)(1) and (2), they would be prohibited from bargaining over them. Management would only be allowed to consult over those procedures. The consultation process puts no pressure on managers to try to reach agreement with the union. Management is not even required to abide by any procedures it develops unilaterally. The regulations say, 'Management retains the sole, exclusive and unreviewable discretion to determine the procedures that it will observe in exercising the authorities set forth in section 9901.910(a)(1) and (2) and to deviate from such procedures, as necessary.'