| Comment Number: | OL-10509537 |
| Received: | 3/15/2005 4:04:05 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:
Topic: Labor Management Relations/Management Rights References: Scope and Authority, Labor-Management Relations –Subpart I, Labor- Management Relations Subpart I, paragraph (7) Management Rights, 9901.910 Comment: Consistently throughout The DOD OPM Federal Register 5 CFR XCIX and Part 9901 National Security Personnel System; Proposed Rule, an overwhelming part of what should provide for governing policy and directive for implementing the NSPS is deferred to the still undeveloped, undefined DOD implementing directives and, instructions, manuals and other issuances that will/are to provide the detailed procedures required to implement this proposed system. (Key example is the proposed regulations to provide for an administrative process in which employees may seek reconsideration of their performance rating). This is unacceptable considering the implementing time frames proposed for the first round of personnel to be placed under the Pay for Performance System in July 2005. It is unrealistic to believe that policy procedure and true objective based supervisory training will take place prior to implementing this NSPS Reasoning and supportive data for recommended change: Management Rights: Management has been given full authority to bypass any negotiations with any bargaining unit and total disregard for employee rights. Expansion of non-negotiable subjects in section 7106 prohibiting bargaining over the procedures management will follow in the exercise of certain of its rights to determine mission and internal security practices of the department to hire, assign, and direct employees in the Department. To assign work, make determinations with respect to contracting out, and to determine the personnel by which the departmental operations may conduct, determine numbers, types pay schedules, pay bands and grades. This authority given as Management Rights without any bargaining or negotiation provides for total disregard of any employee rights under a pay for performance system. It perpetuates the ethnocentric attitude of management rights given unto authority without strategic purpose and direction. Employees of this NSPS are at the whims of their supervisor and management authority without any recourse of action. The provision in these referenced sections do not provide fair and legal procedures or precedence for challenging the stationing of ones life to suit management or the hierarchal structure in which personnel are placed. There are no provisions for grievances within this designed system. Complaints that would become necessary to register as grievances, such as hardships placed upon (for example) a single parent unable to take an assignment in an isolated area have no provision for recourse action of the employee. The rights given to Management are draconian and destructive to the NSPS underlying principle.