| Comment Number: | OL-10509376 |
| Received: | 3/15/2005 2:52:52 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 new personnel system appears to be a return to the “good ole boy” system and the end of civil service in this country as we have known it. We are returning to a system of government that was found dysfunctional and will greatly affect the new laws and changes to increase the quality of life and family for so many households headed by one-parent. NSPS will allow managers/supervisors to use an employees schedule as another form of harassment. Making changes to a work schedule without sufficient advance notice will make it extremely difficult for working parents to provide proper care for their children and family. This new system will be arbitrary with no real protections for those who disagree with decisions and offer contrary opinions to management. Subpart I, section 9901.906 guarantees the employees the right to engage in collective bargaining with respect to conditions of employment through representatives chosen by the employees. It appears that the Secretary is attempting to negotiate only with employee's unions at the national level. His actions violate this section - the employees want collective bargaining rights at the organization or local level, not at the national level. The Secretary should abide by his own rules. This new system will make government employees servile to political forces rather than being in service to the public. The proposed NSPS will undermine the public‘s trust, and hurt the mission of the DoD employees. Subpart C Pay, Sections 9901.301 to 9901.373 The employees in DoD should continue to receive the same annual pay across-the-board adjustment that other GS/FWS workers receive. The individual pay increases for performance should include guaranteed percentages in the regulations so that employees will understand the pay system and what their pay increase will be depending on their performance. Subpart D Performance Management - 9901.401 to 9901.409 In order to insure fairness and accuracy, DoD employees should be able to appeal any performance rating to an independent grievance and arbitration process like they can do now. Subpart F Workforce Shaping - 9901.6012 to 9901.611 DoD should not change the current layoff/RIF rules which give balanced credit to performance and the employee’s valuable years of committed service to DoD. Subpart G Adverse Actions - 9901.701 to 9901.810 Due process and fairness demand that the independent body reviewing a major suspension as termination be allowed to alter the proposed penalty if they deem it to be unreasonable. The current standards approved by the courts to guide such bodies should continue to be used. Subpart I Labor-Management Relations - 9901.901 to 9901.929 The labor management law that has governed the employees’ right to organize and engage in collective bargaining has worked well since 1978. There is no compelling reason to take away most of the collective bargaining rights or grievance rights. The definition of performance in 9901.103 includes the term "behavior". Behavior has traditionally been a "conduct” issue, and was distinct from performance. It is not consistent with the criteria specified by the Office of Personnel Management. Attitude is important and employee behavior needs management attention. But complaining about the lack of air conditioning demonstrates neither poor attitude nor bad behavior. This is inconsistent with performance concepts and should not be included as a performance element. The proposed rule needs to define the limits of what constitutes unacceptable behavior or attitude. And, Section 9901.113 fails to include a methodology for the determination of locality adjustments. The procedure should be in place and codified to clearly and effectively establish the intent of DoD. The inherent lack of a standardized formulation allows for manipulation and inconsistent application which is what we are still trying to get away from. Bottom line, NSPS will allow ill trained and ill equip managers/supervisors to use this system to their advantage and as a mean of retaliation and harassment of employees. Each month our EEO Newsletter is e-mailed out to the base with the Wing Commander’s Perspective of “It is the policy of the Government of the United States and the Air Force to ensure its military and civilian members are provided equal opportunity and treatment regardless of their races, color, religion, national origin, or sex. Additionally, policy will ensure civilians are also protected from unlawful discrimination based on age, reprisal, and mental or physical disability.” I am now curious as to how it will change with the NSPS proposal.