| Comment Number: | OL-10510418 |
| Received: | 3/16/2005 9:31:51 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:
Subpart B – Classification Page 7579 General - The classification system described in Subpart B of this proposed regulation contains very few specific details about the career groups, pay schedules, pay bands, and other classification structures and rules that will apply to DoD employees under this regulation, if implemented. Much more detail is needed to allow for a meaningful and thorough review and discussion of this regulation, as required by law. No changes should be made to the classification systems currently used by DoD agencies until a full comment and review period is completed, followed by a full collective bargaining process with the unions representing DoD employees. A personnel system without fair and appropriate classification structures and rules will be rejected by employees, and will result in distrust of management, decreased morale, and lower productivity, ultimately harming national security. Page 7579, Section 9901.222 Reconsideration of classification decisions 9901.222(b) states: “DoD will establish implementing issuances for reviewing requests for reconsideration.” This process has not been defined, so there is no way to determine if it will be fair, effective and credible. This process should have been defined in these regulations to allow for a meaningful review and comment period, as required by law. No changes should be made to the current reconsideration process used by DoD employees until a full comment and review period is completed, followed by a full collective bargaining process with the unions representing DoD employees. A system without a fair and credible reconsideration procedure will be rejected by employees, and will result in distrust of management, decreased morale, and lower productivity, ultimately harming national security. Although the proposed regulation allows an employee to request reconsideration of the assignment of his or her position to an occupational series, career group, pay system, pay schedule or pay band, there is no independent review of this determination. The absence of an independent review and appeal procedure will undermine the credibility and accountability of these determinations. This section should be modified to allow employees to challenge classification determinations through the negotiated grievance procedure. 9901.222(e) states that reconsideration determinations made under this section will be based on criteria issued by DoD, unless DoD has adopted an applicable OPM classification standard. The use of criteria issued solely by DoD, in lieu of an OPM standard or criteria, will likely be considered unfair by employees. Only criteria and standards issued by OPM should be used in reconsideration determinations made by DoD under this section.