| Comment Number: | OL-10507856 |
| Received: | 3/14/2005 3:34:44 PM |
| 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:
Public Law 108-136 also reflects Congress’s determination that DoD employees be afforded due process and be treated fairly in appeals they bring with respect to their employment. Notwithstanding these clear congressional directions, this proposal will: 1) 1. Eliminate the right of a union to submit serious adverse actions imposed against bargaining unit employees to an arbitrator; 2) Reduce an employer’s burden of proof in adverse actions cases to a standard that would require DoD’s decisions to be upheld even if they are more likely than not to have been improper; 3) Establish a list of mandatory removal offenses that can be appealed only to a panel appointed by the Secretary; and 4) Impose a higher standard of review for an employee to prevail in a grievance challenging a performance rating, which is used as a determinant of an employee’s pay under the new system.