| Comment Number: | OL-10509027 |
| Received: | 3/15/2005 12:08:30 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:
I object to the implementation of the NSPS for DOD civilians for the following reasons: (1) It has a negative impact on existing labor agreements. Any provision of a collective bargaining agreement that is inconsistent with the issuance of any policy by management is unenforcebale on the effective date of issuance of such policy. This clause does not adequately protect the rights of employees. (2) The NSPS proposed regulation gives DOD the authority to set overtime pay, compensatory time off, sunday holiday andddd night pay, hazardous duty differentials, etc. and can levy these rules without collective bargaining unions having much say. Again this dilutes the rights of employees. (3) There is a provision at 9901.511(b)(1) that provides for OPM Director to enter into agreements providing for new excepted and competitive appointing authorities, including noncompetitive appointments. This will lead to noncompetitive appointments leading to more discrimination complaints and grievances. (4) The resulations at 9901.712 allow the Secretary the sole, exclusive and unreviewable discretion to identify offenses that have a direct and substantial adverse impact on the Department's National Security mission. This clause gives the Secretary too much authority to remove employees from the federal service without cause. Employees rights are not preserved because the Secretary's actions are exclusive and unreviewable. In short, I believe that the new NSPS regulations should not be implemented. The current systems provides management the flexibilities it needs to remove employees, reward excellent performance, etc. This regulations strips employees of their basic rights and should not be issued.