| Comment Number: | OL-10510475 |
| Received: | 3/16/2005 9:54:43 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:
9901.341& 2 The Pay for Performance aspects of this proposal are reminisent of the "Merit Pay" features of the Civil Service Reform Act of 1978, in that once again a zero sum game is being established that will pit all employees against each other for basic compensation. The results of this are less cohesive working relationships, and eventual system failure. 9901.33X The market-based aspect of this program will lead to a significantly more complex and litigious process as already illustrated by the lawsuits filed against the Federal Avaiation Administration for failure to adjust pay ranges. While, in the Federal Avaition Administration Air Traffic Controllers case the employees have extremely limited, outside employment options, this will not be the case with the majority of Department of Defense employees. Failure to move the pay ranges in concert with the annual approved pay adjustment will lead to perceptions of inequity and promote departures of the best and brightest. Allowing for the adjustment, does not guarantee any employee will reach the top of the band, but will avoid the perception of inequity. Classification Structure - 9901.221 The pay bands illustrated in Table 1 lacks sufficient detail to provide any reasonable comments. However, The establishment of senior expert ranges needs to take into consideration current exisiting classification methodology. Senior experts by current classification begin at the GS-13 level as Factor Level 1-8 is defined. It is at this level that the employee is considered as possessing "expert" technical knowledge in their subject occupation. Where and how "senior experts" are going to be defined may well lead to a further departure of developing talent pool. This potential departure is coming at the same time as we are facing a potential shortage of talent due to increasing retirements of the baby boom generation and the "baby bust" which will not correct itself for more than a decade. Performance Management - Subpart D 9901.406 The inclusion of behavioral characteristics into the performance management system is an invitation to abuse of the system. In many occupations employees are required to provide advice and perform duties which are distasteful. As a former employee relations specialist I have seen numerous cases where employee's have been marginalized and even removed because they questionned actions on the part of management. I can easily envision the inclusion of behavioral characteristics such as "Team Player" etc., being used under this system as a means of removing anyone who questions authority. Promoting such a system has proven in the past to promote group think that has led this country to make disastrous decisions. Section 9901.807b(6) Limiting MSPBs authority to not allow modification of a penalty unless it finds that the penalty "is so dispropotionate as to be wholly without justification' is unreasonable. As the system currently stands the Agency prevails in MSPB in the vast majority of cases. Such a system will promote virtually all cases being sent into the EEO appeals process which is much more costly and time consuming. Given the makeup of the workforce the vast majority fit at least one of the protected categories. We have already seen such a migration in DOD with the changes made to the Administrative Grievance process. Those not covered by negotiated grievance processes no longer grieve, they file EEO claims as they don't believe that they will receive an impartial decision elsewise. Additionally, the provisions of 9901.807k(8)(B) where the Secretary can issue a decision that overturns a decision made by the MSPB further undermines the perceived fairness of the system. These conditions, while they may promote the flexibility of management to take actions, do so a a cost that this reviewer believes is to high and will eventually undermine the Departments capapbiltiies to meet its essetial mission.