| Comment Number: | OL-10509019 |
| Received: | 3/15/2005 12:04:54 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:
The proposed National Security Personnel System is an extremely dangerous piece of legislation. It gives one agency, the Department of Defense (DoD), unprecedented control over not only its own 700,000 civil service employees, but also allows their actions by shear momentum of mass to indirectly pressure and affect the remaining federal agencies and their the civil service employees … and they boldly state this in the proposed ruling published in the Federal Register, Vol. 70, No. 29, 14 Feb 05, page 7557, under Coordination Between DoD and OPM, “Section 9901.105 of the proposed regulations provides that the Secretary will advise and/or coordinate with OPM in advance, as applicable, regarding the proposed promulgation of certain DoD implementing issuances and certain other actions related to the ongoing operation of the NSPS where such actions could have a significant impact on other Federal agencies and the Federal civil service as a whole.” They do not propose to work with OPM, they intend to direct the actions of OPM. But wait … there’s more. The DoD propaganda says that the NSPS does not affect the employees’ rights to appeal to the Merit Systems Protection Board (MSPB). However the DoD intends to overthrow any MSPB decision that it doesn’t like, which it specifically states on page 7566 of the aforementioned publication, under 2. Department Review of Initial MSPB Administrative Judge Decisions. Under, 4. MSPB Appellate Procedure Improvements, the DoD dictates the time that the full MSPB has in which to review a final Department decision, and goes on to state that DoD authorizes OPM to intervene in an MSPB proceeding, “regardless of whether the law, rule, or regulation is one that falls under OPM jurisdiction,” but only after consultation with the almighty Secretary [DoD]. The DoD intends to prosecute civil service employees IAW the military justice system and, “In cases involving a mandatory removal offense, the penalty selected by the Department may not be reduced or otherwise modified by MSPB. Only the Secretary may mitigate the penalty under these regulations.” After dancing around just how powerful the almighty Secretary becomes, the proposed ruling finally states, on page 7568, under, 7. Penalty Review, “With this new, substantially more limited standard for MSPB mitigation of penalties selected by DoD, the intent is to explicitly restrict the authority of MSPB to modify those penalties to situations where there is simply no justification to the penalty.” Heil Hitler! Now let’s look at the establishment of the DoD’s very own National Security Labor Relations Board (NSLRB), which “will ultimately prescribe its own rules …”, and “… that would largely replace FLRA, with its Governmentwide responsibilities.” These quotes, for your edification, are taken from the proposed ruling, page 7569, under, 6. National Security Labor Relations Board. And, under, 12. Unfair Labor Practices, we have the following bit of wisdom: “One major difference is the elimination of 7116(a)(7), which provided that it is a ULP to enforce a rule or regulation, which is in conflict with a collective bargaining agreement if the agreement was in effect prior to the issuance of the rule or regulation. Such action is no longer a ULP because the proposed regulations provide that law, Governmentwide rules and regulations, Presidential issuances, and DoD issuances will supersede current collective bargaining agreements where the terms conflict.” What happens where the law, Government-wide rules and regulations, or Presidential issuances differ from that of the Secretary’s? Civil service takes the same oath of Government that the military does … and that has not been changed to swear allegiance to the Secretary of Defense. Yet. The DoD wears the diaper of National Security to protect its vital interests, but the stench coming out of that diaper is NSPS. I urge those responsible for the voting of this dangerous piece of legislation to veto it. To do otherwise opens the door to anarchy in this country.