| Comment Number: | OL-10507240 |
| Received: | 3/14/2005 9:36:40 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 DoD managers under NSPS will continue to have an obligation to bargain over procedures and appropriate arrangements when exercising their rights in paragraph (a)(3). Management will also have an obligation to bargain over appropriate arrangements for employees adversely affected by the exercise of any authority under paragraphs (a)(1) and (2), provided that the effects of such exercise is foreseeable, substantial, and significant in terms of both impact and duration on the bargaining unit, or on those employees in that part of the bargaining unit affected by the change. 'Foreseeable,' 'substantial,' and 'significant,' are undefined and subject to abuse by managers who want to evade their bargaining responsibilities. Even where managers are required to bargain over appropriate arrangements, the proposed regulations remove any duty to bargain over arrangements for the routine assignment to specific duties, shifts, or work on a regular or overtime basis. And management is required only to give notice to the union at the same time it actually makes a change or carries out an action. The proposed regulations allow but do not require managers to give any advance notice at all.