| Comment Number: | OL-10508781 |
| Received: | 3/15/2005 10:44:29 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:
Title XI referencing pp. 9902, enacting legislation. General limitation on disrupting property interest in employment. As now being recommended, the implementation of NSPS fails in meeting the requirements of pp 9902, (b), (5), (D) requiring: a means for ensuring employee involvement in the design and implementation of the system. While the department of defense is able to use representation to meet this requirement, it first has to identify those who will represent my interests in my own employment. This has not been accomplished. I am an employee who has had no say in the design of this program. I am now been presented with a design and asked for commentary before it is implemented; violating both the spirit and general intent of having a requirement for employee input into the system design. During a briefing on this action, a number of questions were raised on the implementation and effect of this change. About half of these questions could not be answered in any positive manner by the Major Command representative who was required to make the briefing. This system was not simply made without good input from employees; it appears that even the personnel organizations are unaware of what they are being asked to implement. Minor changes in our employment system are certainly within the scope of normal management action. Major replacement of current employment rights and privileges with a new set goes far beyond any reasonable application of general management authority. Question: What provisions have been made for a class action by Federal employees whose employment rights and interests are being disrupted? Have funds been set aside? 1. Federal employees have a "property interest" in their jobs. 2. The implementation of NSPS involves effective replacement of existing contract/property interests. 3. This action involves a condemnation of the existing interests of employees in their employment. 4. Inverse condemnation should apply to set a monetary value on the changes. Note: many employees have 20+ years property interest that are subject to disruption by this level of changes.