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NSPS Significantly Strips Key Rights and Protections, Says Akaka

Hawaii and Nation's DoD Employees Deserve Better

October 27, 2005

Washington, D.C. -- The National Security Personnel System (NSPS) regulations released today threaten our security by eroding the rights and protections of federal employees who work side by side with our military to ensure our national defense, according to Senator Daniel K. Akaka (D-HI). He stated, "Employees throughout the federal government, especially those charged with defending the Nation, deserve compensation, appraisal, labor-management, and appeals systems that are fair. The NSPS is not fair. It gives the Department of Defense (DoD) great flexibility and authority, without real accountability. DoD employees deserve better."

Senator Akaka reiterated, "The Department of Defense continues to portray the NSPS as 'a win-win-win system.' However, NSPS is still a lose-lose-lose system - a loss for federal employees, a loss for DoD, and a loss for the nation. The final rules will lower employee morale, impair DoD's recruitment and retention efforts, and impede the agency's mission.

"Despite receiving more than 58,000 comments touching upon almost every aspect of the proposed regulations issued on February 14, 2005, and the fact that there is an injunction against a similar personnel system at the Department of Homeland Security, I would hope to see significant changes from the proposed regulations. Without substantial changes, the final regulations lack the support of DoD employees. If the regulations fail to address employee concerns, I don't see how implementing issuances and continuing collaboration will win them over."

According to Senator Akaka, the final NSPS regulations do not provide adequate safeguards to help ensure fairness and guard against abuse, offer real collective bargaining, and provide opportunities for meaningful employee input on decisions affecting their ability to do their jobs. It also remains unclear how NSPS will be able to meet its stated goals of respecting collective bargaining rights while responding to operational priorities and streamlining adverse actions and appeals processes while retaining due process.

"I do not have confidence that the Department can meet these goals, especially since DoD, for all of its work in creating a pay-for-performance system under NSPS, has failed to have its performance management system for Senior Executive Service employees certified by the Office of Personnel Management," stated Senator Akaka.

"My confidence in NSPS is further undermined due to the continued lack of detail for the system. In congressional testimony, Under Secretary for Personnel and Readiness David Chu said that the devil is in the details as the best intentions may be overcome by wrongheaded implementation. I'm afraid that without details, NSPS may face this outcome."

Senator Akaka is the ranking Democrat on the Senate Federal Workforce Subcommittee and was one of three Senators who voted against the legislation authorizing DoD to create a new personnel system in 2003.


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October 2005

 
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