| Comment Number: | OL-10508151 |
| Received: | 3/14/2005 7:05:46 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:
Following comments are provided in regard to section: Page 7569, Paragraph 6. National Security Labor Relations Board, "However, DoD and OPM specifically solicit comments on other alternatives, such as requiring (or entering into a service level agreement) with FLRA or some other organizations to provide investigative and ohther services, subject to these regulations." It is understandable for DoD to establish a National Security Labor Relations Board to ensure they can operate in an efficient manner to meet their national security mission. However, it is not practical or an example of good government for every Federal Agency to establish an entirely independent labor board to handle their agency labor issues, (e.g. DHS, DoD, etc.). It makes more sense to establish a DoD National Security Labor Relations Board to establish rules and provide oversight that the FLRA would be required to follow in investigating and making decisions on labor issues within DoD. The FLRA would provide decisions to the National Security Labor Relations Board, who would have the authority to accept or modify the FLRA's decisions for national security or mission efficiency reasons. This would save DoD millions of dollars in establishing and maintaining an additional independent bureaucratic board within the Federal Government. The above process could easily be adapted by other Federal Agencies when it comes time to implement the NSPS and DHS processes across the entire Federal Government. This would also be similiar and consistent with the NSPS appeal process that is being proposed to utilize the MSPB following DoD rules. Section 9901.915(d)(1) Clarify that management has no bargaining obligation over the content of Departmental implementing issuances and other Department or Component policies, regulations or similar issuances, or executive orders and they are implemented and effective upon receipt. Lanaguage needs to be clear so that the field understands they may implement the DoD and Component issuances upon receipt without delay. Section 9901.927 "Make clear that existing DoD issuances (DoD and Component) will not make conflicting contract provisions unenforceable upon implementation of NSPS labor relations. Need to delete the the last sentence on page 7571, paragraph 12. Unfair Labor Practices which states, " This includes Department issuance in existence prior to the effective date of these regulations. There is a clear conflict in this section and different parts of the proposed regulations that need to be corrected before final publication. The only time DoD can preclude agreements entered into by the Department and the exclusive representatives in regard to law, or DoD or Component issuances is in 9901.905 and 9901.915. Other than these two sections all such agreements will continue if entered into before the effective date of this subpart. 9901.913(b)(1)(ii) Recommend changing "substantive change" to "reserved change" in conditions of employment and define it as where the union does not have the right to bargain over the content or substance of the issue. Be informed of reserved changes in conditions of employment proposed by the Department or Component. Reserved change is defined where management does not have a bargaining obligation over the substance or content of the issuance (e.g. management rights, Department and component issuances). National consultation in current Chapter 71 environment provides little value for the effort. However, it is essential in the proposed NSPS regulation because the union may not be able to bargain over the content of Department and Component issuances. Management would only be required to accomplish national consultation in these situations. This would ensure that the consulting process has purpose and adds value to the bargaining process. 9901.913( c ) Clarify that national consultation is not required if the union is entitled to bargain at the installation le