| Comment Number: | OL-10510177 |
| Received: | 3/16/2005 7:28:03 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:
Certain language is either unnecessary or inappropriate to be contained in these proposed regulations and should be removed. They are generally public relations in nature or guidelines for implementing the regulation. In some cases they could be better expressed with language such as, “it is the intent” rather than simply “will”. Examples of such include: General Provisions--Subpart A, paragraph Relationship to Other Provisions of the Law, “DoD's and OPM's interpretation of these regulations must be accorded great deference.” Classification--Subpart B, ”This more fully supports the merit system principle that ``equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition * * * for excellence in performance.” Performance Management--Subpart D, The proposed system will also ensure greater employee and supervisor accountability with respect to individual performance expectations, as well as organizational results.” Performance and Behavior Accountability,” By providing supervisors and managers realistic alternatives for setting employee expectations, and assessing behavior and performance against those expectations, DoD will be better able to hold its employees accountable and recognize and reward those who excel.” “These proposed regulations lay the foundation for a performance management system that is fair, credible, and transparent, and that holds employees, supervisors, and managers accountable for results.” Under Pay and Pay Administration--Subpart C, it is stated for Extraordinary Pay Increase, “The performance must be expected to continue at an extraordinarily high level in the future. “. This insinuates there will eventually be an adverse action due to circumstances such as increased staffing or change in work assignments, or some other management action outside of the control of the employee. Under Labor-Management Relations--Subpart I, it is stated, “The Department will create a National Security Labor Relations Board (NSLRB) composed of at least three members appointed to fixed terms. The Secretary will appoint the members, with one member appointed from a list developed in consultation with the Director of OPM. Members will be independent, distinguished citizens known for their integrity, impartiality and expertise in labor relations and/or the DoD mission, and/or relevant national security matters.” This is obviously tied to partisan political appointments and should never be introduced into any regulation. Under Management Rights,the provisions to expand the list of managements rights states, “Expanding the list of nonnegotiable subjects in section 7106 to include what are now permissive subjects of bargaining--the numbers, types, and grades of employees and the technology, methods, and means of performing work--is proposed. The proposed regulations prohibit bargaining over the exercise of these rights and over other rights enumerated in chapter 71, including the right to determine mission, budget, organization, and internal security practices, and the right to hire, assign and direct employees, and contract out.In addition, the proposed regulations prohibit bargaining over the procedures management will follow in the exercise of certain of its rights--to determine the mission, budget, organization, number of employees, and internal security practices of the Department; to hire, assign, and direct employees in the Department; to assign work, make determinations with respect to contracting out, and to determine the personnel by which Departmental operations may be conducted; to determine the numbers, types, pay schedules, pay bands and grades of employees or positions assigned to any organizational subdivision, work project or tour of duty, and the technology, methods, and means of performing work; to assign employees to meet any operational demand; and to take whatever other actions may be necessary to carry out the Department's mission. The Department can take action in any of these areas without advance notice to the union.” By allowing management to have total control over work assignments also allows them to control the outcome of performance of the employee and creates an opportunity to abuse virtually every principle this regulation is intended to remedy. This will eliminate a standard of reasonableness of expectation that is necessary for a fair and transparent process called for by Congress.