| Comment Number: | OL-10509842 |
| Received: | 3/15/2005 7:14:24 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:
Dear Sir or Madam, With regard to the proposed rule regarding the National Security Personnel System, I offer the following comments: 1. A comparison of the current system with the proposed system showing how well each system meets the "Guiding Principles and Key Performance Parameters" listed on page 7555 is needed in order to adequately determine if the proposed system will indeed be an improvement. Associated with this, metrics need to be put in place now to define how the last Key Performance Parameter of Schedule will be judged. As things stand, NSPS is to be operational and demonstrate success prior to November 2009, but success is undefined as is what is to be done if the NSPS is not successful. 2. Under item 8, Attorney Fees on page 7568 it is proposed that fees be denied if facts not known to management were germane to the action taken. This may encourage management to not fully become acquainted with all facts in order to maintain this shield of deniability. The new standard should be based on facts not known to management after management performed a thorough investigation of all relevant materials. (section 9901.807 h(2)) 3. Under item 12, Unfair Labor Practices on page 7571 provision is made to unilaterally preempt portions of a collective bargaining agreement. As these provisions are usually part of what the agency offers to employees in order to attract quality personnel, it would be appropriate to require that the agency negotiate with the union over compensation for the "taking" of the portion of the collective bargaining agreement preempted by the new rule or regulation. (section 9901.905) Thanks you for your consideration of these comments.