| Comment Number: | OL-10509929 |
| Received: | 3/15/2005 9:11:25 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 current civil service system was developed as a result of abuses (nepotism, cronyism, favoritism) by managers and politicians. This NSPS appears to be a step back to those "good old days". There are not sufficient employee protections against such abuses. For example, appeal rights have basically been dissolved. The arrangement for ANY member of DoD management to be part of the appeals process in akin to "putting the fox in charge of the henhouse". According to Subpart I, Para 6., the secretary appoints members of the NSLRB. This makes a mockery of objective, independent review, and totally politicizes the process. It is a smokescreen to enable arbitrary and personality driven actions to prevail. In Subpart H the goal of the appeals board is stated to be "greater efficiency of decision-making and deference to agency mission and operations". No weight is given to fairness, equity, consistency or employee rights. Way too much power is given to "the Department". There are insufficient checks and balances and the door is opened for abuse. Para 4 says "an administrative judge may not grant interim relief or grant a stay of an action taken against an employee." So outrageous actions can be taken by managers, and there is no recourse? Para 3 says mandatory removal offenses are appealable to MSPB. However, Para 7 makes that right a sham by stating that in MRO cases "the penalty selected by the Dept. (which is removal) may not be reduced or otherwise modified by MSPB". Presumption of guilt is built in. Subpart I further states that there is no bargaining over contracting out. This is another blatant move to undermine hard-won civil service protections, in order to allow friends and business partners to be awarded contracts, which can then be abused with abandon, as recently has been demonstrated by Honeywell. In short, this is an exteme overreaction to limited situations such as the need for translators (the example given to justify the need for this). To dismantle the entire civil service system for isolated inadequacies is throwing out the baby with the bathwater.