Subject:	FW: NSPS

Adverse actions Subpart G   2. Mandatory removal Offenses
1. MRO Dod has not yet identified proposed list  They only need to have reasonable cause to believe with the information they had at the time of the action Bad investigation

Adverse Actions Subpart G   3. Adverse Action Procedures
2. If there is reasonable cause to believe that a crime for which a sentence of imprisonment may be imposed, no appeal

Adverse Actions Subpart G   4. Single Process and Standard for actions
3. Eliminates requirement for formal set period for Performance Improvement Plan   now is 90 days with requirements for improvement 

Adverse Actions Subpart H    1. Appeal to MSPB
4. Department thinks it needs authority to review all MSPB to ensures that MSPB recognizes DOD mission requirements. They need special rules not used anywhere else in our government.

Adverse Actions  Subpart H   7. Penalty Review
5. Regulations precludes mitigating of penalty selected by DOD except where the department determines penalty is wholly without justication No way to prove they were totally wrong.

Adverse Actions  Subpart H   8. Attorney Fees  
6. Prevailing appellant may recover attorney fees if Department action was clearly without merit based on facts known by department when action was taken. This will never be done because they will never look at anything they don't want to see.

Labor management Relations  Subpart I  2. Definitions
7. Collective is modified ( GONE ) consult

Labor Management Subpart I  2. Definitions
8. DOD issuances will make contract that conflict unenforceable    Anything they don't like they will just right a new rule to void contract

Labor Management Relations  Subpart I  3.Coverage
9. National Security Labor Relations Board will be appointed by the Secretary with his new rules  

Labor Management Relations  Subpart I   7. Management Rights   
10. Remove permissive subject from bargaining   How would you ever come up with a process (BPR) to help save any money or redesign anything 

Labor Management Relations   Subpart I   7. Management Rights
11. Prohibit bargaining over procedures  Everyone knows that they don't need our help writting procedures

Labor Management Realtions   Subpart I   10. National Consultation
12. National consulting not bargaining

Labor Management Relations  Subpart I     11. Representation Rights and Duties
13. Determine what is and isn't not a formal discussion   This is to just change the rules as to what they want us involved with

Labor Management Relations  Subpart I     11. Representation rights and Duties
14. EEO proceedings unions will not have such rights   

Labor Management Relations Subpart I      11. Representation Rights and Duties
15. Weingarten Rights Unions not able to be included in criminal investigations    Without someone to help you protect your rights you don't have any

Labor Management Relations  Subpart  I   11. Representation Rights and Duties
16. Disclosure of information  Adequate alternative means exist    There is always alternative way to get things, without disclosure there will not be enough time the way the have changed the new limits.

Labor Management Relations   Subpart I   11. Representation Rights and Duties
17. Disclosure of information may be disclosed if an authorized official determines disclosure could compromise Dept mission   This will work well if the mission at the time is to remove our employee.

Labor Management Relations   Subpart I   12. Unfair labor Practices
18. ULP will not be a ULP to enforce a rule or reg which conflicts with collective bargaining agreement

Labor Management Relations  Subpart  I    13. Dutie to Bargain and Consult 
19. Initial Agreement bargaining after 90 days goes to the NSLRB for impasse resolution  A contract cannot be negotiated 90 at any level and a national contract will take much longer, they will just impose what they want.

Labor Management Realtions  Subpart I   16. Grievance Procedure
20. Excluded form bargaining Classification determinations, Pay, Rating of record, Mandatory removals.   Taking these areas away will be bad things for all the employees

Labor Management Relations  Subpart I    18 Saving Provisions
21. National Defense Authorization act carried out with collaboration with 30 days to review and comment  This is where they take your comments and if they don't care what you have to say then they just do what they started before they ask.

Labor Management relations   Subpart I     18  Saving Provisions
22. If the Secretary and director do not fully accept recommendation the Secretary may implement the proposal at any time after 30 days.  This where they show you how much your imput counts.

9901.313  National Security Compensation Comparability
23. All compensation and basic pay and geographic base payments will be controlled by your supervisor with no real appeal

9901.332   Local market Supplements
24. DOD may establish different rate ranges and rate adjustments for different bands  This is where they can decied that some are worth more than others even with COLA which they control.

9901.322   Setting and Adjusting Rate Ranges
25. DOD may adjust minimum and max rate of pay band at different rates.  How can anyone decide that anyone inside the same pay band, same job, and might even be under the same supervisor gets more or less COLA.

9901.409    Rating and Reward Performance
26. NSPS performance system record will be used RIF  The supervisor will decide your RIF standing

9901.409   Rating and Reward Performance
27. Challenge of Rating of record, a payout determination will not be subject to reconsideration  If in that rare time you might convince someone that the supervisor was wrong with your rating payout will not be reconsidered.

9901.607   Retention Standing
28. Retention standing for Veterans preference has changed. It apperar that perference for hiring will still be the same while after the first rating only performance will be a factor and it doesn't matter what persentage of veterans disability an employee has that will not be a consideration in RIF standings 

9901.714    Proposed Notice
29. Furlough notice will not be necessary for furlough without pay due to unforeseeable circumstances, equipment breakdown, acts of god

9901.715  Opportunity to reply
30. Adverse actions opportunity to reply orally does not include a hearing with exam of witnesses

9901.715  Opportunity to reply
31. Notice period for adverse actions for employees believed to have committed a crime only a 5 day notice period  Now we have 15 days and a lot of time not enough

9901.715  Opportunity to Reply
32. When considering a medical condition department is not required to withdraw or delay a proposed adverse action.  

9901.803   Waivers
33. Appellate procedures specified herein supersede those of MSPB   This is where the Secretary makes his own personnel rules and doesn't let anyone question