| Comment Number: | OL-10510264 |
| Received: | 3/16/2005 8:20:24 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:
Page 7570, #7. Management Rights. While I agree that, especially when national security is threaten, management must have the authority to take action quickly when circumstances demand, it is absurd to think that it doesn't have that authority now. Unfortunately, many in this administration seem to think that just because they throw around the famous "the sky is falling" line, no one is going to ask for proof. There is no proof that management has been denied their right to take proper actions to ensure that this nation is secure, either by the employees or their unions. Even though it is stated that "The Department will bargain over over procedures and appropriate arrangements, ..." only management or DoD will determine what is negotiable. Imagine if you had this authority when you were negotiating with a car or house salesperson. That is, you determine what can be negotiated, then set the time limit on negotiating, at the end of your preset time frame, the dealership/realtor, would have take whatever you decided to pay. And if they were to object with your offer, he or she could only appear your tender to a review board hand picked by you. And your board's decision would be final. There is no fairness in this system at all. But, what power hungry individual wouldn't like this. 9. Determination of Appropriate Units for Labor Organization Representation. Note that the first sentence seems to imply that the FLRA will still retain the right to define bargaining unit, then you read that the FLRA decision must be "consistent with the Department's mission, organzitional structure, and the requirements of ss 9901.107(a)" In other words, DoD will make the final decision as to the definition of an bargaining unit. Further, ONLY DoD can determine if any given employee can be part of a bargaining unit or not. This entire chapter should be deleted. If for no other reason than to prevent abuse by the Secretary, or one of his representatives, from removing an employee out of the bargaining unit just because he or she performs both his/her job and union representation well. An employee could have unjust actions by management over turned, and the next he or she knows, they have been removed from the bargaining unit. This is not fair. 10. National Consultation. This is simply a way for management, be it DoD or any Components, to unilaterally decide which union would best answer to their beckening and call. If one union, that just happens to know the law, rule, regulation, etc, and refuse to waive any of it statutory rights, and a new Local is still in the learning process, management will just pick the newer Local to Consult with concerning issues that will affect all DoD employees. Actually, this is management way of picking the negotiation teams for both DoD and the Exclusive representative. Better yet, under proposal, management will have the right to pick a firefighters' Local to address issues that deals with water/sewer treatment!!! Where is the fairness in this? This entire section should be deleted. Why didn't the Secretary save a lot of time, trees, paper, man hours and just submit a two page Federal Register that merely say, "I am supreme, I will make all decisions for management, employees and unions. My decisions will be final. And my sole decision(s) cannot nor will not be questioned! I have much experience in the federal sector HR due to my having come up the DoD's HR ladder over the past 30 thirty years? Neither I, nor members of my staff, can make a mistake!" Becuase if one was to read the entire Register, although the Secretary did not say it verbally, the implications are there.