| Comment Number: | OL-10508244 |
| Received: | 3/14/2005 10:03:23 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:
Dear Sirs, I would like to voice my opposition to the NSPS. This system, was not developed following any of the directives mandated by congress. The unions 35 representing 700,000 federal employees were not and have not been given an opportunity to be involved in the development of NSPS as required by law. DoD also violated the law by providding only a broad outline witho out specific details on Pay Apeal Rights, and Rifs. Definitions for jobs qualifications and duties, pay ranges, schedules, and bands hove not be provided. Annual pay increases provided by congress to federal workers will be eliminated and replaced with a system which disregards OPM, OMB, and Labor Department input. Managers and non-mangers would compete against each other for pay raises and bounses, without method for appeal. The key element of NSPS is an employee's performance rating, which is not defined. Including the evaluation procedures, criteria and management expectations. The current appeals processes for performance ratings are replaced by an undefined internal process that does not allow a third party review. NSPS will eliminate the current RIF procedures allowing DoD to lay off employees at will. Veterans preference will be minimized, employees may be deployed overseas (including combat areas) at any time with little advanced notice without appeal, and may lead to dismissal if not agreed to by the employee. By trivializing an employee's many years of faithful service to the point of irrevelance in RIF decisions: a senior employee's skills and experience are valued less than a junior employee's performance rating, olders employee's will be discrimated against. Due process rights of employes are severely restricted, termination under Mandatory removal Offenses are not defined and cannot be mitagated by independent 3rd parties. Representational rights of employees are unjustly compromised; DoD can refuse an employees request for representation at DoD's sole discretion. The current appeals process is prplaced by an undefined process that allows for 3rd party review only within narrow guidlines established by DoD. Any 3rd party decision must consider the "Unique" national security of the Department, and the DoD "must be accorded great deference" to its interpretation of its own regulations. Authority under FLRA jusisdiction is replaced by an internal labor relations board consisting of members chosen soley by the Secretary. Current bargaining agreements that conflict in any way with NSPS are nullified. DoD decides which siubjects are appropriate for collective barbgaining and which unions it choses to negotiate with. According to the Department of Defense, NSPS will cost BILLIONS of defense dollars to implement, dollars that are desperately needed to support our troops in combat in Iraq and Afghanistan. If impemented NSPS will destablize the Defense Department's civilian workforce which will weaken the war effort. Civilian workers werve as the backbone of the Department of Defense and they are vital to the sucess of our nations defenses. NSPS is costly, it's dangerous and it's not right of America.