Comment Number: OL-10511672
Received: 3/16/2005 4:41:36 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:

Page 7556, Outreach to Employee Representatives Why weren't minutes of the alleged meeting included. It is possible the meeting consist of the union stating their case. Then management thanked them and that was that? How many recommedations made by the union leaders were included in the Register? Page 7566 (1.) Appeals to MSPB What sense does it make to appeal to the MSPB when the Secretary can override its decision? Page 7567 (7) Affirmative Defenses Since the MSPB cannot reverse the Department's Action based on the way a performance expectation is expressed, as long as the expectation would be clear to a reasonable person, who will determine what a reasonable person is? Only the Secretary of Defense or his representative? Everything else in this system is at the sole sentiment of the Secretary of Defense, why would this be any different? Page 7568 (8) Attorney Fees Since the Defense Department can afford to overpay the Vice President of the United States former company for food not served, fuel for the troops vehicles, and countless unaccounted for funds, what is the problem with paying a reasonable attorney fee when an employee is proven to have been mistreated and used the assistant of an attorney. It the purpose of this is to ensure that only the well financed and corrected will be able to get legal representation should the need arise? As written lower graded and poor employees will never have the opportunity to right a wrong that has been done to them. Is the what the men and women are dying for in Iraq and other countries, only to come back home to learn that their government jobs can be taken away, and the right to legal representation has been taken away by the Secretary of Defense and his march in locked step supporters? Page 7569 Employee Rights Who would join, form, or be part of a union that cannot truly represent them. Further, the union should retain the right to fully represent the unit employees and negotiate on their behalves.