| Comment Number: | OL-10509595 |
| Received: | 3/15/2005 4:31:38 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 Department’s proposed NSPS regulations violate the specific Congressional directive in 5 U.S.C. 9902(b) to preserve collective bargaining by expanding management rights so dramatically as to deny bargaining in almost any circumstance. In the proposed NSPS regulation 9901.910(a)(2), the Department declares that management will now have the power “to take whatever other actions may be necessary to carry out the Department’s mission,” a clause that literally has no definition or limitation in the regulation. This proposed management “right” effectively ends collective bargaining in the Department, in direct violation of Congress’ specific order to the contrary, as management can literally apply it to any situation in the Department to deny bargaining.