Comment Number: OL-10510187
Received: 3/16/2005 7:34:02 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:

Dear Department of Defense, March 16, 2005 There is no question in our post 911 society that all Federal employees must do their part to fight the war on terrorism by working harder, smarter, cheaper, and be that more responsive to forces and conditions within the United States of America and outside of the country to ensure the security of our nation. The mechanism to ensure this happens ALREADY exists through the independent Federal Labor Relations Board, the Merit System Protection Board, and current Federal regulations. However, I am concerned that the proposed National Security Personnel System (NSPS) regulations will serve as a wedge to be used to ultimately eliminate the Federal civilian workforce. I do not understand all the legal terms but it seems to me that we Federal employees will have no independent mechanism whereby unfair labor practices can be appealed and remedied. We Federal employees will have no right to representation during questioning by management or their designees. We Federal employees will have no notification of changes to the workplace, to working conditions, to Agency/organizational policy and procedures nor no opportunity to negotiate those changes and to work together in partnership with management to bring changes about for the betterment of the Federal employee, management, and the Nation. All Federal employees will work at the whim of their immediate supervisor. A Federal employee’s behavior, personal habits, clothing, and personality (even outside of the workplace); NOT their knowledge, skills, ability, and competency will be reflected in their performance appraisal. Instead of being members of a team, trusting each other’s work and decisions, working together to conduct our Nation’s business for the benefit of the taxpayer, Federal employees would face off against each other while their supervisors determine who and who does not get a raise. There may be motivation by intimidation of Federal employees by management and rampant favoritism of individual employees. The immediate supervisor could state that an employee’s behavior has a direct and substantial impact on our national security. The supervisor’s statement could be truth or it could be fiction. The employee could be removed from their position immediately without knowing the facts and evidence (whether it is based on whim or truth) against them. They would have no opportunity to defend him or her self or to recover court costs. An agency’s actions would not have to be supported by fact. Nor would the Agency have to give the Federal employee requested information were the Federal employee appealing the Agency’s action. (The United States Constitution – the foundation of our Nation’s core beliefs - has been eliminated for Federal employees.) A Federal employee’s annual performance appraisal will determine their annual salary. As the costs for health insurance, life insurance and other deductions increase, a Federal employee’s salary would be reduced. There would be no Cost of Living adjustment. Even if Federal supervisors or managers wanted to give all employees at the very least an extremely modest (say 1 per cent) Cost of Living salary increase, they couldn’t, because the amount of cash available would not be enough. The reduction in pay would also affect an employee’s and their family’s retirement security. Office of Personnel Management (OPM) regulations determine ones retirement pension based on three (Civil Service retirement System) or five (Federal Employees Retirement System) high salary years combined with length of service. Everyone would have to work until their death so that they could have a roof over their head and food in their belly. Other things affected include no right to Union representation during EEO proceedings and no time period to respond to Agency adverse actions. All Department of Defense career vacancies would be open to anybody, not limited to a specific agency or organization. One’s personal corporate knowledge specific to that Agency and to that series would be meaningless as well as length of service. Current federal employees moving into another position would have to undergo probationary periods. There would be no protection against immediate removal of anyone (even supervisors and managers) during reductions in force. Finally, the proposed National Security Personnel System regulations say nothing about policies and procedures that will be used for converting employees to the new system, nor how their current salary would be affected. I want change but that change must be done constructively not destructively. To contact me: Leslie Diane Sivak 409 Highpoint Drive Diamondhead, MS 39525 tel: 228-255-6955 (home) 228-688-5847 (work) e-mail: sivakl@navo.navy.mil (This may change as the Navy Marine Corps Internet is implemented.) Current Agency: Naval Oceanographic Office Stennis Space Center, MS 39522-5001 Federal Series: Physical scientist – 1301; Oceanographer-1360 Sincerely, Leslie Diane Sivak March 16, 2005