| Comment Number: | OL-10508137 |
| Received: | 3/14/2005 6:41:47 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:
This comment is in response to Appeals, Subpart H(9) on Alternative Dispute Resolution (ADR). This section appears to restrict sources of ADR neutrals by limiting coordination through the Merit Systems Protection Board (MSPB). In other words, only MSPB neutrals (mediators) could be used in NSPS cases. The voluntary nature of mediation extends to the choice of neutral; indeed to the source of neutrals. I strongly encourage more flexibility that allows personnel to choose between the MSPB and DoD ADR programs (from their respective Military Departments, OSD, and other Defense Agencies and Field Activities). DoD ADR programs have experienced resounding success at minimal cost, and pull from a vast cadre of trained dispute resolution providers. The Navy, for example, won OPM’s Outstanding ADR Program Award for their mediator certification process, and have exceptional mediators at their disposal. The Air Force has also won OPM’s Outstanding ADR Award multiple times, and is regarded as one of the best ADR programs Federal-wide. The Defense Office of Hearings and Appeals have DoD neutrals that are available to all DoD personnel worldwide. While MSPB mediators may be highly skilled, it is imperative to offer the choice of DoD neutrals, who not only have substantial mediation experience, but also have an understanding of DoD culture. In addition, DoD ADR Specialists have the knowledge and expertise to pull from other viable sources of mediators as appropriate. Respectfully submitted: Scott M. Deyo, M.S., ADR Specialist, Office of the Secretary of Defense / Washington Headquarters Services.