| Comment Number: | OL-10512059 |
| Received: | 3/16/2005 8:44:59 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:
NSPS Sub Part A - The HR system can not provide the claimed guiding principals because it intends to modify or waive the parts of chapters 31, 35, 43, 51, 53, 55, 71, 75 and 77 of 5 USC that insures the right to be made whole, if the Agency actions prove to be inappropriate the employee may appeal but, see # 1 Sub Part B – Allows the supervisor to classify and pay differently, 2 employees performing the same duties, all future pay adjustments will be determined by the supervisor. The employee may appeal I but is restricted by, see # 1 Sub Part C – The Pay pool Manager have the authority to set salaries for, new hires and re-hires at any level it so desires, this will undoubtedly cause a ripple effect in salary reductions for the current employees in the form of reductions in Pay Bands and/or pay shares. These actions are neither reviewable or grieveble. Sub Part D – Performance and behavioral standards will be set by the supervisor these may be in written form or not and can change anytime within the rating cycle, the instructions are to be drafted at a later date and time. Challengeable, but see # 1 Sub Part E - Provide authority to set pay at any level for newly hired and rehired employees without competition, because chapters 31 & 33 of 5 USC are waived or modified, current employees will not have the ability to compete for the higher graded positions. The rules of how to accomplish this will be published in the Federal Register along with the comment period, sometime in the future. These actions can not be challenged or grieved. Sub Part F – Provides the authority to reduce, realign and or reorganize by geographical areas and/or competitive groups, with retention rights in the following orders (1) 30+ Veterans Preference, (2) Performance Ratings, (3) Competitive Group and last (4) Seniority. This could cause people in whole organizations to loose their jobs and/or be geographically relocated. The regulations to accomplish these actions will be created at a later date and time, eliminating Congressional approval. see # 1 Sub Part G – Penalty selected will be a the discretion of the supervisor, and despite the fact that an Administrative Judge (AJ) may seek to make an employee whole, the AJ’s decision will be overturned under the pretense that National Security and/or mission requirements were not considered. The whistle blower protections will be seriously jeopardized, therefore, the whistleblower can be removed under the pretense of Nation and Mission Security, can be appealed but see # 1 Sub Part H – The Secretary and/or the Department will have the unreviewable discretion to overturn decision to an employee whole for misconduct on the part of the Supervisor, this authority extends down at the Negotiated Grievance Process and may go as high as decision rendered because of a request for review by the MSPB, if there are any doubts, see # 1 Sub Part I – Without the protections of the previously mentioned chapters, there is no obligation for Management to negotiate in Good Faith, with any Labor Organization, Union representatives can and will be disciplined under false claims of misconduct, good faith bargaining over which conditions of employment, collaboration can begin, will be at the sole discretion of the individual Departments, should an Administrative Judge, arbitrator and/or any other deciding body elect to make whole an employee for the Department’s misconduct, these decisions are also subject to see # 1 1. Chapter 9902, gives the Secretary and/or the Department, unreviewable authory to overturn any decisions to make whole an employee, made by an AJ, Arbitrator or any other deciding Body. 2. Chapter 9902 effectively eliminates any employee and/or Labor Organization rights that this proposed NSPS rule, claims will still remain. Both Houses of Congress, decided over 50 years ago, that it was imperative to protect the rights of Federal employees, in order that they could devote al