| Comment Number: | OL-10508996 |
| Received: | 3/15/2005 11:56:49 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:
9901.913, 914 The right to Union representation would be severely limited. Most employees know little of the rules of adverse actions. They would be forced to defend themselves without knowing the ground rules. Managers could bluff, even when they were in the wrong. Employees could be bullied. This is unfair. Union reps would have to watch their conduct when defending employees. A rep who catches a manager in a bold-faced lie could now be disciplined for saying so. If managers decide information is obtainable elsewhere, they can decline to disclose it. This can be an excuse. If they are incorrect, it will be difficult to prove because the information is unobtainable. This puts the defense at a distinct disadvantage, as management may use this provision to unfairly limit disclosure. NSPS throws out unfair labor practices. Management may do as they please. There are no checks and balances on management. NSPS has too much faith management will do the right thing. People don’t always use unlimited power benevolently. Multi-level bargaining will be binding on all and impasses will be resolved by the board. Who is watching the henhouse now? Once an agreement is reached, there is no further bargaining. If management wants to misinterpret it, they can with impunity. Performance appraisals and removals are barred from grievance procedures. Since pay and retention are tied to appraisals, if they can be arbitrary at the whim and bias of supervisors, all fairness disappears. Appraisals, and thus pay and removal, can bear no relation to the employees actual performance. I can envision this being used by unscrupulous managers for their own ends. All sort of abuses can be expected under the new system.