| Comment Number: | OL-10512196 |
| Received: | 3/16/2005 11:33:11 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 H: APPEALS. Section 9901.807(c)(1): DOD has noted that it will unilaterally decide whether employees who have been reinstated by the full MSPB will be allowed to return to their positions. DOD asserts unreviewable discretion over this matter. DOD may select an alternative position or the employee may be placed on excused absence pending the final disposition of the appeal. This proposal undermines the MSPB’s authority to take corrective action as it sees fit. Moreover, DOD/OPM does not specify the pay status of the employee if he/she should be placed in excused leave.