| Comment Number: | OL-10510432 |
| Received: | 3/16/2005 9:37:07 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 D - Performance Management Page 7586, Section 9901.409 Rating and rewarding performance 9901.409(b) states: “A rating of record will be used as a basis for – (3) Such other action that DoD considers appropriate, as specified in DoD implementing issuances.” These “other actions” have not been defined, so there is no way to determine if they will be appropriate, fair or credible to employees. All proposed uses of ratings of record should have been defined in these regulations to allow for a meaningful review and comment period, as required by law. No additional uses for ratings of record should be implemented by DoD until a full comment and review period is completed, followed by a full collective bargaining process with the unions representing DoD employees. Otherwise, the rating system will be rejected by employees, and will result in distrust of management, decreased morale, and lower productivity, ultimately harming national security. 9901.409(g) states: “A rating of record may be challenged by an employee only through a reconsideration procedure as provided in DoD implementing regulations. This procedure will be the sole and exclusive method for all employees to challenge a rating of record.” This reconsideration process has not been defined, so there is no way to determine if it will be a fair and credible process. This process should have been defined in these regulations to allow for a meaningful review and comment period, as required by law. Unless there is an independent third party available to impartially review and make reconsideration decisions, no such process will be considered fair or credible by employees. Therefore, the negotiated grievance and arbitration procedures currently available to employees under 5 USC Chapter 7121 should be used to challenge ratings of record. A system without a fair and credible reconsideration process will be rejected by employees, and will result in distrust of management, decreased morale, and lower productivity, ultimately harming national security. 9901.409(g) states: “A payout determination will not be subject to reconsideration procedures.” A payout process 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. Therefore, the negotiated grievance and arbitration procedures set forth in 5 USC Chapter 7121 should be available to employees to challenge payout determinations.