AFGE Local 1858

Presents

DEPARTMENT OF DEFENSE

PROPOSED

N.S.P.S.

NATIONAL SECURITY PERSONNEL SYSTEM

Effective Dates

NSPS labor relations will be imposed DoD-wide, as early as July 2005.

The rest of NSPS will be imposed in phases, called “spirals.”

Applicable laws and regulations will apply until a category of employees is covered

under one or more portions of NSPS.

What the new Labor Relations Portion

Means to you

9901.905 Impact on existing agreements

Any provision of a collective Bargaining agreement that is inconsistent with the issuance of any policy by management is unenforceable on the effective date

of such issuance of said policy

The Employees representative may appeal the Department’s determination that a

provision is unenforceable to the National Security Labor Relations Board.

However!!!!

The Secretary, in his sole and exclusive discretion , may continue all or part of a

particular provision.

9901.907 National Security Labor Relations Board

The National Security Labor Relations Board is composed of at least three members who are appointed by the

Secretary of Defense.

9901.910 Management Rights

NOTE: (a)Nothing in this subpart may affect the authority of any management

official or Supervisor of the department –

(1) To determine the mission, budget, organization, number of employees, and internal security practices of the Department.

(2) To hire, assign, and direct employees in the Department ; to assign work, make determinations with respect to contracting out, and to determine the personnel by which operations may be conducted; to determine numbers, types, pay schedules, pay bands and/or grades of employees or positions assigned to any organizational subdivision, work project, tour of duty, and the technology, methods, and means of performing work; to assign employees to meet any operational demand; and to take whatever other actions may be necessary to carry out the Department’s mission; and

(3) To lay off and retain employees, or to suspend; remove; reduce in pay, pay band, or grade; or to take other disciplinary action against such employees, or with respect to filling positions, to make selections for appointments from properly ranked and certified candidates for promotion or from any other appropriate source.

(b) Management is prohibited from bargaining over exercise of any authority under paragraph (a) of this section or the procedures that it will observe in exercising the authorities set forth in paragraphs (a)(1)and(2) of this section.

Subpart A – General Provisions

9901.107 Relationship to other provisions.

The provisions of title 5, U.S. Code, are waived, modified, or replaced to conform to the provisions of this part.

This part must be interpreted in a way that recognizes the critical national security mission of the Department.

Subpart B - Classification

(a) This subpart contains regulations establishing a classification structure and rules for covered DoD employees and positions to replace the classification structure and rules in 5 U.S.Code chapter 51 and the job grading system in 5 U.S. Code chapter 53.

Subpart C- Pay and Pay Administration

This section contains regulations establishing pay structures and pay administration rules for covered DoD employees to replace the pay structures and pay administration rules established under 5 U.S.Code chapter 53 and 5 U.S. Code chapter 55, subpart V, as authorized by 5 U.S.Code 9902.

Examples

9901.321 DoD may establish ranges of basic pay for pay bands, with minimum and maximum rates set and adjusted as provided in 9901.322

9901.322 Setting and adjusting rate ranges.

(a) Within it’s sole and exclusive discretion, DoD may, subject to 9901.322 (Confer with OPM) set and adjust the rate ranges established under 9901.321. In determining the rate ranges, DoD may consider mission requirements, labor market conditions, availability of funds, pay adjustments received by employees of other Federal agencies, and any other relevant factors.

Performance-Based Pay

The NSPS pay system will be a pay-for-performance system and, when implemented, will result in a distribution of available performance pay funds based upon individual performance, individual contribution, organizational performance, or a combination of these elements.

An employee’s rate of basic pay may be reduced based on a determination of unacceptable performance and/or conduct. Such reduction may not exceed 10 percent unless the employee has been changed to a lower pay band and a greater reduction is needed to set the employee’s pay at the maximum rate of the pay band.

9901.343 Pay reduction based on unacceptable performance

and/or conduct.

9901.352 Setting an employee’s starting pay

DoD may set the starting rate of pay for individuals who are newly appointed or reappointed to the Federal service anywhere within the assigned pay band.

9901.352 Setting pay upon reassignment

DoD may set pay anywhere within the assigned pay band when an employee is reassigned, either voluntarily or involuntarily, to a position in a comparable pay band.

Premium Pay

(b) DoD will issue implementing issuances regarding additional payments which include, but are not limited to:

1. Overtime pay (Excluding overtime pay under the Fair Labor Standards Act)

2. Compensatory time off

3. Sunday, Holiday, night pay;

4. Annual premium pay for standby duty

5. Criminal Investigator availability pay

6. Hazardous duty differentials

C. DoD will determine the conditions of eligibility for the amounts of and limitations on pay made under authority of this section.

External Recruitment and Internal Placement

9901.511 b (1)The Secretary and the OPM Director may enter into written agreements providing for new excepted and competitive appointing authorities for positions covered by the National Security Personnel System, including noncompetitive appointments, and excepted appointments that may lead to a subsequent noncompetitive appointment to a competitive service

9901.512 Probationary periods

The Secretary may establish probationary periods as deemed appropriate for employees appointed to positions in the competitive and excepted service covered by NSPS.

Subpart F – Workforce Shaping

This subpart contains regulations concerning the Department’s system for realigning, reorganizing, and reshaping it’s workforce.

9901.607 Retention standing(RIF)

Within each competitive group, the Department will establish a retention list of competing employees in descending order based on the following :

1. Tenure

2. Veteran’s preference

3. The rating og record

4. Creditable civilian and/or uniformed service.

The Department may establish tie-breaking procedures when two or more employees have the same retention standing.

Subpart G - Adverse Actions

9901.712 Mandatory removal offenses.

(a) The Secretary has the sole, exclusive, and unreviewable discretion to identify offenses that have a direct and substantial adverse impact on the Department’s national Security mission.

(d) Nothing in this section limits the discretion of the Department to remove employees for offenses other than those identified by the Secretary as an MRO.

Schedule of eventsN.S.P.S. was published on the Federal Register on 14 February 2005.

LINK www.local1858.com30 day comment period (Ends 16 March)30 day confer period30 day Congressional notification period

THEN IT’S TOO LATE…..IT’S HERE

Go to www.cpms.osd.mil/nsps

To make your comments

Also send a copy to www.afge.org

And to your Senator and Congressman

Your future is on the line– ACT NOW