| Comment Number: | OL-10508209 |
| Received: | 3/14/2005 9:01:44 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:
I teach overseas for the Department of Defense School system. I find the proposed National Security Personnel System (NSPS) regulations frightening. We have so little we can do about our life and now we won't have any rights.. I believe that these proposed regulations exceed the authority Congress granted in the NSPS statute in the following ways. 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. Since Congress, mandated DODDS to help the military kids have the same rights as any other kid in the US it smacks in the face of logic that you want to harm the quality of life for the military, especially since they are serving at war. ), the Department declares that management will now have the power “to take whatever other actions may be necessary to carry out the Department’s mission,” a clause that literally has no definition or limitation in the regulation. This proposed management “right” effectively ends collective bargaining in the Department, in direct violation of Congress’ specific order to the contrary, as management can literally apply it to any situation in the Department to deny bargaining. ), 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 denies employees their right to a fair hearing of their appeals for adverse actions taken against them by the Department. 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! We need to work together, not as adversaries, trying to de-rail a good system. An old adage seems to fit, "if it ain't broken, don't fix it". The current system helps educators overseas to function. Taking away our bargaining rights will not help recruit nor retain the teachers we need to keep this quality of life issue vibrant for our military troops.