| Comment Number: | OL-10508147 |
| Received: | 3/14/2005 7:00:50 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:
As a retired military person I truly can understand the need for authority to maintain control over assets and decisions within an organization. I once had some reservations about the professionalism and work ethic of the public school teachers in the US, but no longer. Now I am a teacher and surprisingly have found the ranks of this profession filled with some good and some not-so-good people - much like our military services. Also - like our military - most have an overriding desire to excel in their primary task. That task is to educate and nurture the children of America. I do not agree with the proposed changes to NSPS because I see it as a slap in the face to those who seek to teach our young ones. The Department’s proposed NSPS regulations 9901.905(a) and 9901.914(d)(5) violate Congress’ explicit order in 5 U.S.C. 9902(b) to preserve collective bargaining by overriding any provision of a collectively bargained agreement through “DoD or Component Issuances.” In proposed NSPS regulation 9901.914(d)(5), the Department seeks to declare such issuances to be non-negotiable and superior to collectively bargained agreements. Essentially, this provision will provide the Department the authority to make any change it desires through these issuances, while barring any negotiation over these changes, in spite of Congress’ specific orders in the statute to the contrary. I doubt any person who reads this note would disagree that America's teachers should be better compensated for the precious and vital work of bringing up our young ones. The programs we currently have in place perform the critical example of better compensation for teachers. As a result we have higher scores on national exams, better-educated and more patriotic youth, and a high probability of the growth of a free thinking and intelligent society. Proposed NSPS regulation 9901.907(a)(1) violates Congress’ specific instructions in 5 U.S.C. 9902 (m) (6) to ensure independent third party reviews of the Department’s labor relations decisions. In proposed NSPS regulation 9901.907(a)(1), the Secretary of Defense is provided the unilateral power to appoint as many members to this review board as desired. In other words, if the review board begins to issue decisions the Secretary doesn’t like, the Secretary can “pack” the Board with as many new people as required until the board issues decisions to the Secretary’s liking. This proposal is an emphatic rejection of Congress’ instructions in 5 U.S.C. 9902(m)(6). The proposed NSPS regulation 9901.807(k)(8)(iii) denies employees their right to a fair hearing of their appeals for adverse actions taken against them by the Department. In this proposal, the Department reserves for itself the right to unilaterally reverse the decision of an MSPB Administrative Judge (AJ), merely because the Department does not agree that the decision was correct. This is the equivalent of the prosecution being able to tell a courtroom judge that the decision just rendered is not what the prosecution wanted, so the prosecution will overturn the judge’s decision! I fear for our children - except when I think of the great teachers that are here to help them. The proposed changes would effectively lead to lesser educators in DoDDS. When you who read this, and I who type it are old and gray, the children of today will control this world. You may save a few dollars by making these NSPS changes, but you and I will pay for it in our golden years. I urge the leaders of this country's military and educational systems to think twice before shortchanging our children. The proposed NSPS changes ultimately will steal from the children the one thing they deserve most - talented and capable individuals serving as teachers.