| Comment Number: | OL-10511335 |
| Received: | 3/16/2005 3:06:52 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 D, Sections 9901.401 to 9901.409: The current appraisal system we use is a simple sat/unsat and we typically are late in getting these type of appraisals completed. If or when the appraisal system changes, the supervisors will fall even further behind. This affects both workers and supervisors, everything that is created that takes time away from the supervisor will eventually affect the workers and take time away from them, when the supervisor cannot properly supervise, train, mentor, etc. Subpart F, Sections 9901.601 to 9901.611: The current retirement system implemented for Civil Service personnel (FERS) is not equivalent to that in private industry. For example, the retirement annuity computation formula for Northrop Grumman Corporation is 1.667% times the highest salary of the previous three years. FERS on the other hand provides on 1% of base pay. Industry employees have the same or better 401k and social security plans as well. For the employee, the total package of Pay, Benefits and retirement plan comes down to risk associated with the tenure of employment. That is to say that jobs with increased risk of lay-off, or "RIF" should carry a commensurate increase in pay, benefits and retirement. The NSPS, specifically with regard to workforce shaping, increases the government employee's risk of losing their job without a commensurate increase in pay, benefits and retirement seen in private industry. If the employees are expected to perform under commercial standards and at the same risk of job loss, then the compensation, or at least the ability to bargain for additional compensation by the employee, must also be factored into the system. Subpart F, Sections 9901.601 to 9901.611: By redefining competitive area (in reference to RIF situations), the DOD will be able to target groups of employees. In a RIF situation where these employees are selected to be released, because the competitive area is so narrowly defined, these employees will not have the chance to bump or retreat to other areas, unless offered a vacant position at the Department’s option. Subpart F, Section 9901.607: The wording is very misleading. Tenure is the first criteria for a reduction in force. However, an experienced employee recently assigned a new job could be the first to go in a RIF, without retreat rights to their previous job. Subpart H, Section 9901.807: The DOD is violating Federal Law with this section. The provisions of the National Defense Authorization Act of Fiscal Year 2004 prohibit the majority of the changes in the Appellate Procedures proposed by NSPS. In fact, the National Defense Authorization Act of Fiscal Year 2004 specifically states, “nothing in this subsection shall be construed to authorize the waiver of any provision of law. For example, the proposed regulations give the Department sweeping authority to override or delay interim relief granted by the MSPB (the National Defense Authorization Act of Fiscal Year 2004 simply states that interim relief can granted by the MSPB), the proposed regulations require a preponderance of the evidence (this legalese is different than the National Defense Authorization Act of Fiscal Year 2004 which simply requires an employee to raise substantial questions of fact), the proposed regulations provide limitations on when the Department will be responsible for employee’s attorneys fees if the employee is the prevailing party (the National Defense Authorization Act of Fiscal Year 2004 does not authorize this change). The DOD does not have the authority to make the changes proposed in this section and quite frankly they are prohibited from making these changes. Subpart I, Section 9901.907: The National Defense Authorization Act of Fiscal Year 2004 requires the DOD to provide for independent third party review. The proposed National Security Labor Relations Board with Secretary appointed members is not an independent third party.