Washington, DC -- Senator Daniel K. Akaka (D-HI) called the proposed rules for the National Security Personnel System (NSPS) disappointing. "NSPS is portrayed by the Department of Defense (DOD) as 'a win-win-win system.' I disagree: these regulations are a lose-lose-lose situation - a loss for federal employees, a loss for DOD, and a loss for the nation. The proposed rules will lower employee morale, impair DOD's recruitment and retention efforts, and impede the agency's mission," Akaka said.
Akaka, the ranking Democrat on the Senate Homeland Security and Governmental Affairs Subcommittee on the Oversight of Government Management, the Federal Workforce, and the District of Columbia, was one of three Senators who voted against the legislation authorizing DOD to create a personnel system in 2003.
"The proposed NSPS regulations are certainly an improvement over the proposal released by the Department of Defense early last year. That failed first attempt shut out employees, their union representatives, managers, and even the Office of Personnel Management -- all critical players in any new personnel system," Akaka said. "However, several key problems remain, especially with those regulations affecting employee rights and protections. The proposed NSPS regulations, like the Homeland Security rules issued earlier this month, are neither fair, nor can they be perceived as fair."
The NSPS would significantly change the way the Department of Defense hires, fires, pays, assigns, and works with employees. In particular, the regulations would create an internal panel to adjudicate labor-management disputes whose members would be appointed and removed by the Secretary and limit bargaining on a number of issues, such as deployment, that have great impact on employees. In addition, the regulations place restrictions on the Merit Systems Protection Board's (MSPB) ability to mitigate penalties and provide the Department with the ability to reverse MSPB decisions.
"The NSPS regulations fail to create a personnel system that embodies the independence and equality found under current law. Allowing DOD to review initial MSPB administrative judge rulings and overturn the rulings severely limits MSPB's authority and removes credibility from the federal employee appeals system. Not only does this radical change leave open the possibility of biased individuals interfering in an independent quasi-judicial agency's process, but it adds another layer to the review process that takes up time -- one of the key arguments calling for flexibility from the current MSPB process," Akaka said.
Akaka also faulted the regulations which will curtail employee bargaining rights and deny opportunities for frontline workers to provide critical input on departmental programs and directives. "A well-managed organization values employee input and understands the important role employees play in protecting against mismanagement. To undermine opportunities for employees to voice concerns or even have notice of departmental changes unnecessarily harms workers."
