| Comment Number: | OL-10509274 |
| Received: | 3/15/2005 2:10:37 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:
Classification Process, 9901.221 (c) and (d) Classification requirements, page 7579 This section provides the authority to classify and approve positions using criteria and procedures established by DoD. The classification system and authority provided AFRL through its Demonstration Project authority has proven to be a very powerful management tool. Creating a simplified classification system and delegating classification authority to management is critical to the success of a new personnel structure and to obtaining management buy-in for the new system. Recommend the NSPS FR delegate classification authority to line management. Setting and Adjusting Rate Ranges, 9901.321(b) Structure and 9901.322(a)(c) Setting and adjusting rate ranges, page 7581 These sections refer to the Secretary’s right to establish and adjust rate ranges. 322(b) states there will be a common rate range that applies in all locations, while 322(a) discusses the considerations that go into determining the appropriate rates, to include mission and labor market conditions, while 322(c) states there may be different rate ranges for different bands. These paragraphs are very confusing and possibly contradictory. It is unclear how labor market conditions can impact a rate that applies to all locations. It is also unclear if this section includes the Local Market Supplements. Recommend a clarification of the wording in these sections to explain how rate ranges will be established and adjusted. Performance-Based Pay, 9901.342(c) Performance payout, page 7582 DoD should not limit management's ability to manage their workforce by identifying a number or range of shares associated with a rating of record. The number of shares given each employee should be at management's discretion in order to allow higher payment to the most underpaid employee and lower payment to the most highly paid employee when appropriate. Recommend removal of any reference to a number or range of shares associated with a given rating of record. Management should be given the responsibility and authority for developing, implementing and explaining their methodology. Performance-Based Pay, 9901.343 and 9901.354 Pay reduction based on unacceptable performance and/or conduct, Setting pay upon reduction in band, page 7583 NSPS provides the Secretary of Defense unlimited authority in creating an improved personnel system. This section limits the Secretary's authority unnecessarily by setting a limit on how much an unacceptable employee's pay may be reduced. Recommend removal of any reference to a limit as to how much an employee's pay may be reduced upon unacceptable performance and/or conduct or upon reduction in band. Performance-Based Pay, 9901.356(a) and (d), Miscellaneous, page 7584 Section (a) allows an employee's rate of basic pay to fall below the minimum rate of the band because of an unacceptable rating of record. DoD is responsible for establishing the band rate ranges and classifying positions into the appropriate broadband ranges. Since DoD is the creator of the broadband range, it would seem that DoD is obligated to pay employees the minimum of the band. The AF Laboratory Demonstration Project allows for a reduction in broadband level if the employee's salary falls below the minimum of the band. The action is not considered an adverse action because pay is not taken away from the employee. Recommend changing this section to allow for a reduction in band if the employee's pay falls below the minimum of the range due to unacceptable rating of record. Section (d) indicates DoD will allow for an increase in an individual’s pay upon movement out of NSPS. Title V typically requires application of specific rules for the pay system an individual is moving into. This section is very confusing and it is unknown under what situation this authority would be used. Recommend either removal of this section or a description of the circumstances for which the authority would be used. External Recruitment and Internal Placement, 9901.512 Probationary periods, page 7587 This section allows the Secretary to establish probationary periods for employees appointed to certain NSPS positions and requires placement back to a comparable position if the employee fails to successfully complete the probation. This is an unnecessary requirement that will be very hard to implement. This proposed probationary period will create an unnecessary administrative burden to facilitate removal from a position in situations that may occur less than 1% of the time; creates the need for a system to monitor and track expiration of such probationary periods; and has the potential to create recruitment and retention problems. Individuals may be reluctant to accept positions within DoD due to this added restriction. Recommend this provision be removed from NSPS FR. Subpart F - Workforce Shaping, 9901.607(A)(3) This section states the rating of record will be used to establish a retention list based on tenure, Vet Pref, Rating of Record and Creditable Service. More than one rating of record should be used in order to provide the greatest advantage to all employees and not disadvantage recently hired/promoted/assigned individuals. Recommend using the average of the three most recent ratings of record in the retention computation. Under such a scenario, procedures would also need to be developed to account for individuals who do not have three ratings of record.