Comment Number: OL-10512233
Received: 3/17/2005 12:05:53 AM
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:

I believe the proposed NSPS will undermine the civil service and hurt the misson of DoD employees. Please consider the following comments and delay final implementation until all comments/ suggestions have been thoroughtly evaluated. Subpart C--PAY. Sections 9901.301 to 9901.373. The employees in DoD should continue to receive the same annual pay across-the-board adjustment that other GS workers receive. Regular step inceases are not mandatory. If an employee is a poor performer, the supervisor doesn't have to approve the step increase at that time. Also, if our annual cost-of-living increases are discontinued, how will employees, under NSPS, who are at the top of their pay band, get that increase to keep up with the rising costs of inflation? Subpart D Performance Management - 9901.401 to 9901.409. In order to ensure fairness and accuracy, DoD employees should be able to appeal any performance rating to an independent grievance and arbitration process like they can do now. I think too much concern is being placed on being able to change performance plans mid-year. With the supervisor and employee working together, mid-year changes can be made as long as the performance evaluation is done appropriately based on length of time working under each plan. This happens anyway anytime an employee gets a new job. With the constant change in personnel, I worry that a new supervisor would not rate an employee fairly simply because they don't like that person's looks. A person with over 20 years service could be fired based on that one bad evaluation. It will be nearly impossible to provide all supervisors the training they need to comply with the regulations of NSPS. If the required training were that easy, we wouldn't be having these problems under the present Civil Service system. Supervisors just don't know what to do about poor performers--it just takes too much effort and they don't have the training to be able to correct the problem. Subpart E Staffing & Employment - 9901.501 to 9901.516 Being able to convert time-limited appointments without further competition is great. Reassigning civilian employees to other bases or deploying them if they haven't volunteered for such duty is wrong. We're civilians--not military. Even our military is made up of volunteers. Subpart F Workforce Shaping - 9901.6012 to 9901.611 DoD should not change the current layoff/RIF rules which give balanced credit to performance and the employees' valuable years of committed service to DoD. I can certainly see this leading to age discrimination--an easy way to get rid of someone nearing retirement. Subpart G Adverse Actions - 9901.701 to 901.810 I agree that mandatory removal offenses should not be appealable, provided that everyone knows what they are. Para 9901.711 that adverse actions may be taken "for such cause as will promote the efficiency of the service" seems to invite all kinds of discrimination--age, sex, ethnicity, etc. Subpart I Labor-Management Relations - 9901-901 to 9901.929 Unions must remain an active part of this Department in order to protect collective bargaining rights and grievance rights. It appears that the unions and DoD need to meet and negotiate union rights. Each side needs to make some concessions. The union should support management in some issues; such as violence in the workplace. This should be a removal offense with no appeal rights by the employee. It seems to me that unions and management could work to improve the old Civil Service system without all the drastic changes included in the new NSPS; however, open minds are required.