| Comment Number: | OL-10508307 |
| Received: | 3/15/2005 1:58:56 AM |
| 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:
Sections 9901.603 through 9901.608: In contrast to existing government-wide regulations, DOD will have the ability to create competitive groups using a variety of criteria when conducting targeted RIF's. This will result in staffing reductions within DOD based on different factors, which will make it impossible for an adversely impacted employee to get a fair hearing when challenging an action. In essence, DOD wants the ability to customize its RIF actions without regard to civil service rules, which were originally instituted to balance the interests of affected workers with the legitimate mission requirements of agencies. Under NSPS, the scales will be tipped completely in favor of DOD. Maximum flexibility under NSPS will permit departmental issuances to be frequently modified to justify whatever staffing reductions or realignments management desires. The Merit Systems Protection Board will be ill-equipped to judge any RIF cases, because there will not be a consistent set of rules in which to determine whether the proper procedures were followed and/or whether the rights of those subject to the RIF were violated. Employees with many years of service and satisfactory performance will be more susceptible to a RIF, since the proposed regulations place maximum reliance on employee performance ratings. Under this new NSPS RIF arrangement, a DOD civilian worker with three years on the job who has been rated as highly acceptable or outstanding will be retained, whereby a 30-year professional with a satisfactory rating will be removed. These revised rules will cause DOD to lose many of its experienced workforce when RIF actions are implemented, because performance will be placed ahead of length of service. Even veterans may have their prior employment rights taken away, since DOD will be able to carry out surgical RIF's within pre-determined competitive groups. While DOD’s explanation in the Federal Register claims to retain existing veterans’ preference protections, the operation of the new rules (if implemented it its current form) would cause serious harm to veterans. With NSPS, there will be no immunity for veterans.