Comment Number: OL-10510854
Received: 3/16/2005 12:30:19 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:

I have been a DOD employee for nearly 22 years. I am exampliary to what a Federal worker should be. I see the NSPS as written to be detrimental to the Federal work force. In my 22 year career I have seen too often how supervisors have shown favortism and prejudice toward their employees. I have seen how personality conflicts between the supervisor and employss have a negative effect on an employee. I have been subjected to inaccurate job evaluations of which I challenged. The fact that mangers will have full control of how employees are paid under the proposed NSPS, will lead to conflict among the workforce. The bottomline it will lead to unfair labor practices. There does need to be a mechanism on how to disipline unproductive or non performing employees but not at the expense of the vast majority of dedicated Federal employees. The Federal work force should set the example for private industry in how the American worker is treated in a threatened labor market. Sub Part A. Sec 9901.104. is misleading. In this section it states NSPS shall not be limited by any specific law or authority under this title. This would eliminate many laws that have protected the Federal worker such as laws on hours of work, alternative work schedules, sick and family leave act, compensation laws, retirement laws,RIFs, promotions (5 CFR Pt 335). This is wrong and unacceptable. Sub Part B. Classification. The elimination of the pay grade and step increases as proposed and replace it with pay per performance too subjective. Pay directley linked to performance rating will be too biased based on what type of relationship thatexits between the supervisor and employee. Details of how employees will be compensated during a RIF is not clear. There are no specifics on premium pay, overtime, comptime. These are eliminated in the proposed NSPS. This is not acceptable. Works must be given these rights. Sub Part C. Pay. How can the proposal do away with GS and Wage grade systems? Congress must be involved in setting or adjusting pay and providing cost of livng increases. THEY do it for themselves don't they. Are they not also Federal employees? Why should DOD and not Congress set pay schedules? Each employee's pay will depend upon pay scheule, pay band, rate change, local market supplement and peformance rating. How can DOD do this? They can't and this is why it must be left up to Congrsss to decide. Section 9901.343 would allow DOD to reduce the basic pay who's performance or conduct are unacceptable by up to 10 % per year. How can this happen without the employee be given the opportunity for training to bring them up to standards? Subpart D Performance. This part would eliminate 5 USC Chap 43 that requires a valid performance standard AND good faith opportunity to improve before an employee is demoted or fired. Performance rating under the proposal would not be grievable but can be challenged by some procedure not yet developed. This is not acceptable. Subpart E. staffing. Sec 9901.512. Why should a career Federal emplyee be placed on a probationary peroid applied to a promotion or reassignment? The supervoisor should not hire persennel if they are questionable in performance. Subpart F RIF's. Employees should be rifted based firstly on years of service, them performance. not the other way around Subpart G dverse Actions. This section must list the offences that have mandatory removal. Supart I Labor Management. This section is an assult on collective barganiong and grievance/ arbitration. This must be the right of every Amercian. This must be changed