| Comment Number: | OL-10510837 |
| Received: | 3/16/2005 12:22:00 PM |
| 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 I—Labor-Management Relations-9901.910 Management rights: (d) If an obligation exists under 9901.917 to bargain or consult regarding any authority under paragraph (a) of this section, management will provide notice to the exclusive representative concurrently with the exercise of that authority. However, at its sole, exclusive, and unreviewable discretion, management may provide notice to an exclusive representative of its intention to exercise an authority under paragraph (a) of this section as far in advance as practicable. Further, nothing in paragraph (d) of this section establishes an independent right to bargain or consult." In reviewing the proposed changes it states "If an obligation exists" management should always have an obligation to its employees and their union at a minimum to consult changes that will directly affect its employees. Subpart D—Performance Management-§ 9901.401 Purpose (b) (7) Effective safeguards to ensure that the management of the system is fair and equitable and based on employee performance. Who will establish the effective safeguards and monitor the system? If it is a management duty then we have the fox watch watching the hen house. This system relies heavily on management to treat employees equally and fair. However, history has shown that absolute power leads to absolute corruption. This system will not provide better performers, but will allow the "old boy network" to flourish. The current system with its flaws does allow for better performers to be promoted above those who are acceptable performers. Please provide the proposed pay bands without any locality adjustments.