Comment Number: OL-10509994
Received: 3/15/2005 11:06:26 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:

Subpart C pay Sections 9901.301 to 9901.373: if these changes go through, employees will be more concerned in being friends with their supervisor instead of their job performance. I believe it will cause employees to compete against each other for raises – to the detriment of the organization. 9901.313 (a) to the maximum extent Practicalbe – this is no guarantee that employees will receive the same amount under NSPS. Certain words in these regulations allow DOD to be very flexible at the expenses of the workers. 9901.304 Extraordinary Pay increase: So a few employees will receive a large pay increase, if there are no additional funds allotted to DOD for this, the rest of the workers will receive less or nothing at all. 9901.322: (a) availability of funds – does this give DOD th eright to adjust the pay ranges if they have budget problems? 9901.352: (a) DOD may set pay anywhere within the assigned pay band when an employeeis reassigned – again this will give flexibility to DOD at the expense of the worker. (b) DOD may reduce an employee’s rate of basic pay 10% for unacceptable performance – such a reduction may be made at any time. Under the current regulations an employee is given a notice and place on a PIP for a period of time before an adverse action is taken – again DOD is taking away rights from the workers. Subpart D Performance Management: 9901.401 to 9901-40: why does this regulation take away the right of employees to appeal their performance rating to an independent grievance and arbitration process? 9901.512 Probationary periods: The Secretary may establish probationary periods as deemed appropriate – employees no have a period of one year, why does DOD need to change this and to what period. This appears to be about control. Subpart F Workplace 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 Actios: 9901.701 to 9901.810: Due process and fairness demand that the independent body reviewing a major adverse action be allowed to alter the proposed penalty if they deem it to be unreasonable. 9901.910 Management rights: (2) to assign employees to meet any operational demand – why should all employees be considered deployable, under the current system, employees are identified as emergency essential. This allows employees to understand that they could be deployed. This change in the regulations will cause hardship on some families.