| Comment Number: | OL-10510103 |
| Received: | 3/16/2005 3:36:02 AM |
| 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:
Changes proposed by NSPS, lack critical details on how the new system will operate. NSPS will dispose of the 1978 Civil Service Reform Act (CSRA) which came into being to redress the very items the NSPS is purposing. NSPS states “based on funds/funding”. What happens when funds are not available for rate range increases, salary increase due to performance, etc.? The DOD civilian will again be earning substantially less than their private sector counter part. Workforce Staffing. NSPS states “limitations imposed by current personnel system often prevent managers using civilian employees effectively.” Neither DOD nor OPM state how it is ineffective or offer details on how the new rules will correct the perceived defects. As a manager when duties change due to re-organization, manpower cuts, etc, the employee and the Civilian Personnel Office work with mangers to create new job descriptions. This is a standard procedure. Pay and Pay Administration. With the Pay Band System NSPS consolidates existing General Schedule grades and steps into pay bands within the field of a newly defined job classification. Neither the new pay bands nor job classification systems have procedures describing how they will be enacted or used. Adjusting Rate Ranges. NSPS dispenses with the January cost of living increase and replaces it with “Rate Range Adjustments”. DOD will determine when rate range adjustments are required based on “…availability of funds…and other relevant factors...as well as the timing of these pay adjustments…” This system will demoralize the workforce. It has no set percentage for salary increases for performance, promotions, relocations, etc. Local Market Supplements. The NSPS will also remove locality pay, which is determined using a set methodology, to a yet undisclosed formula to determine the local market supplement. Rating Methodology. NSPS changes how employees are rated. It submits ratings given by supervisors to a Pay Pool Panel which determines if the employee has been rated correctly. What does the Panel know of the employees performance that justifies changing an employees evaluation? Will the Panel determine evaluations based on the available funds or pick their employee over someone they don’t know? The panel reverts DOD to the patronage pay system in place prior to CSRA. Workers will be rated by personnel not in their supervisory chain. The pay band system may pay new hires more than current staff under the Direct Hire authority. Pay for Personnel Returning from Overseas Assignment. DOD civilians working overseas (whose pay does not include locality pay) would not receive comparable pay when relocated to CONUS, when their salary falls in the pay band, causing a financial burden and creating disparity among workers. Performance Expectations, Monitoring and Feedback. The NSPS states “…performance expectations will be communicated to the employee… Supervisors will involve employees…” The current system does have performance expectations, monitoring and feedback. The Army uses DA forms 7222, 7222-1, 7223 and 7223-1. The current system mandated under CSRA establishes performance standards, periodic evaluation of performance, provides employees feedback, rewards performers with monetary bonuses and quality step increases. It allows flexibility in objectives in the changing work environment. Adverse Actions. NSPS denies due process by limiting collective bargaining, union representation or it summarily denies participation by bargaining units. DOD management will reserve the right to change workplace rules without a bargaining agreement in place, and then bargain about the changes later. Mandatory Removal Offenses. NSPS will establish “single system for taking adverse actions based on misconduct, unacceptable performance…return to a simplified approach that existed prior to CSRA.” This simplified approach was one of the reasons for the CSRA, which eliminated arbitrary and capricious actions.