| Comment Number: | OL-10511966 |
| Received: | 3/16/2005 6:56:26 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:
The NSPS System is a greatly flawed effort to address any problems with the current system by throwing it out. NSPS entrusts DoD employees to the same managers and supervisors who caused many of the problems with the existing system, along with a Congress that writes statutory requirements for RIF notices (including advance notice to Congressional offices, statutory requirements for training, expands USERRA protections for reservists and veterans by making it a prohibited personnel practice and "forgets" to put in a statute of limitations (currently USERRA complaints can be made going back to 1992), creates economic incentives for employees to make EEO complaints, then wonders why the federal government has so much discrimination in its work force. A federal manager risks an Office of Special Counsel investigation (potentially an effort to remove him from federal civil service), an EEO complaint, grievances, unfair labor practice charges, MSPB appeals, IG complaints, congressional investigations, internal investigations, and command complaints on the simplest managerial decisions. Taking away grievances and arbitration, while keeping EEO complaints will only shift appeals over there. Making the MSPB less attractive as a forum, also will operate to shift cases into the EEO system. While there is an outstanding EEO complaint, in the Army that manager is probably not going to be eligible for any type of award, other than a team award until the case is resolved. Resolution of a case can take 3 years or more to work its way through the system. Little wonder many managers are reluctant to make hard decisions, and make real performance distinctions. Under the new system, managers will quickly find the EEO complaint system even more overburdened. They will find the many distinctions called for in the new system to only embroil them in more EEO complaints, as employees and unions quickly realize that forum is the only real avenue of appeal left. Unfortunately it will work so slowly that the pressures to settle complaints will be high, employees will grow tired of battling the system, and will be forced to seek other employment while their complaints slowly work their way through the system. Quickly managers will revert to their old ways of giving everybody the same rating, giving everybody the same award, or giving no awards at all and spending the money on their own pet projects. They can put themselves in for an award on how they "saved" so much in resources, or got that important DoD project funded. There won't be any mention of the federal DoD employees betrayed by their DoD supervisors. Of course my experience may be colored by the decision by an installation commander to "suspend" the monetary awards program at our installation based on a desire to avoid a RIF in FY 1992's budget crunch. 8 years later the monetary awards program was still "suspended", even though there always seemed to be enough money for the commander/director annual goal setting conference at a TDY resort hotel. Often times there was enough money left in the budgets to bring the spouses along and put on bogus programs during the day, so you could use invitational travel orders and justify a per diem allowance for them as well because of the "mandatory" programs for attendees. Thankfully, most commanders we have had here could not stomach that kind of hypocracy, and while spouses could accompany their military or senior civilian supervisor spouse and stay in the rooms at no additional cost, they would pay their own way. Is there any wonder why most DoD employees with half a brain are deeply cynical of the motives of the senior managers pushing NSPS down their throats. Subpart A: We don't need pay banding if it means that because I choose to work in the midwest that my contribution to the Army is valued less than the same work in the headquarters or East Coast/California high cost areas. It will be an excuse to deny us pay.