| Comment Number: | OL-10510718 |
| Received: | 3/16/2005 11:32:49 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:
Reference page 7568 section 8 attorney's fees: Given that this new system significantly restricts appeal rights for DoD employees (by watering down MSPB protections), it is fundamentally unfair to also restrict the criteria under which a plaintiff can be awarded attorney fees. The stated reason (that the recovery of plaintiff attorney fees has a "chilling effect" on DoD litigation) is laughable when one considers the relative legal resources available to the Department with what would be available to a plaintiff. In briefings with DoD employees concerned about watered down protections for DoD workers under this proposed system, NSPS briefers cited that "in the end, you can go to Federal court." This would not be a real option for many employees if this change could stand.