Comment Number: OL-10512209
Received: 3/16/2005 11:46:30 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:

Comments on Proposed NSPS Regulations--RIN 3206-AK76/0790-AH82 * * * (( 0 )) Disclaimer: These comments are not intended to tell anyone how to vote or act on any political issue, but are merely a statement of personal opinion. * * * (( 1 )) Regarding Ref: Continued Collaboration, p 7557, and NSPS Sec 9901.106, p 7578. Comment: NSPS design, draft, and implementation has/is being done illegally without proper Union consultation. (( 2 )) Regarding Ref: Pay and Pay Admin.- Subpart C, p.7559; Sec 9901.212, p 7579; Sec 9901.322; Sec 9901 323, p 7581; Sec 990.341-345, Performance-Based Pay, p 7582-7583. Comment: Concern for extreme supervisory discretion of employee pay, which needs checks and balances and independent redress. If implemented as is, there would be wide-spread, unchecked abuse of individuals. (( 3 )) Regarding Ref: Workforce Shaping - Subpart F, p 7564; Subpart F- Sec 9901.601-604. Comment: Virtually eliminating employee RIF protection will lead to grave personal hardships. (( 4 )) Regarding Ref: Sec 9901.605 Competitive Areas, p 7589 Comment: Greatly expand Geographic Area of Consideration, restrictions found in most job announcements; this will let the best do what they do best where it is most needed. (( 5 )) Regarding Ref: Adverse Action - Subpart G, p 7564; Subpart-G, p 7590-7594. Comment: Virtually removing current Adverse Action due process will lead to easier abuse by supervision, who already have all the tools to appropriately deal with dismissals. (( 6 )) Regarding Ref: 5. Standard of Proof, p 7567. Comment: Reducing the Standard of Proof will encourage further travesties of justice. Enough errors are made already, without encouraging systemic abuse. (( 7 )) Regarding Ref: Collective Bargaining, p 7569 (column 1); Sec 9901.913, National Consultation, p 7598; Sec 9901.917 Duty to Bargain and Consult, p 7600; Sec 9901.9 Collective Bargaining above the level of recognition, p 7601. Comment: Restricting collective bargaining to this extent virtually eliminates checks and balances. (( 8 )) Regarding Ref: Conditions of Employment, p 7569 (column 1). Comment: These are two major areas that are the biggest *condition of employment*, so should not be eliminated, since it has a tremendous trickle-down effect on every employee issue. (( 9 )) Regarding Ref: 11. Representation Rights and Duties, p 7571 (column 1). Comment: Operational matters are the stock in trade of justice and representation, keep it. If excluded, *operational matters* will be the bone of contention, unless further defined. (( 10 )) Regarding Ref: 13. Duty to Bargain and Consult, p 7572 (column 1). Comment: *Duration*, and *impact*, should be clarified; injustice to two or a few is still an injustice; even small groups of employees deserve representation. (read *Federalist 10*- James Madison). * * * * Other Areas not addressed, that should be addressed in the developing NSPS: (( A )) NSPS should look toward a volunteer version of the Military Personnel System, a model of efficiency where all skills of each individual are recognized and considered when positions need to be filled. A holistic personnel approach would seek out qualified individuals to be included in the names referred for selection of every government job. This would help place the best individuals where they are needed. Extensive use of *volunteers* is what made America great. (( B )) Make pay allowances for multiple skills, this encourage personal growth. (( C )) Use only *voluntary* Civilian Deployment. If compulsory deployment of civilians to war zones is implemented, without (a) legal draft or (b) complete military benefits and compensation, it will create endless litigation. #