| Comment Number: | OL-10510413 |
| Received: | 3/16/2005 9:27:54 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:
The proposed changes are not only questionable, but also appear to be on the verge of unconstitutional. The Constitution of the United States of America gaurantees its citizens equal protection under the law, but this proposal separates DOD civilian employees from the rest of the government civilian with the exception of (DHS – Dept. Of Homeland Security) employees regarding Pay by eliminating Step increases and Cost of Living Adjustments (COLA's) which are gauranteed to Government employees under the current GS and WG schedules. How can it be justified that “only” DOD civilian employees be stripped of a gaurantee for a promise? Are employees under the Veterans administration, HUD, EPA, and other federal agencies going to continue to recieve these gaurantees while DOD Civilian employees recieve promises if they meet a standard of which they know not? This is not equal protection in accordance with the Constitution of the United States of America and certainly not the intent of Congress or the Senate in the passage of PL 108-136. This represents an encroachment on the rights of DOD civilians without just cause. Pay banding can be instituted without stripping employees of gaurantees that were promised upon employment. To take away such gaurantees also represent a breach of contract between the employees and the employers by the employer. A decent wage with increases upon satisfactory performance along with seniority privileges over time and security were all major factors in accepting employment with DOD, and I have held up to my end of the contract and I expect DOD to do the same, unless I agree to these new terms and conditions of employment. I do not agree and this is my formal notice that it is considered a breach of contract by me. Institue pay banding if it pleases DOD, but leave the gaurantees alone!!! RECAP - 1. Equal Protection Clause Violation 2. Breach Of Contract 3. I formally disapprove and reserve the constitutional right to seek redress.