Program Executive Office National Security Personnel System Attn: Bradley B. Bunn 1400 Key Boulevard Suite B-200 Arlington, VA 22209-5144
Dear Sir:
I am a career civilian employee of the Department of Defense and I have serious problems with the "National Security Personnel System" as proposed in the February 14 Federal Register. My three specific concerns relate to the proposed new rules on Pay and Pay Administration (Part 9901 Subpart C).
1. The proposed rules contain the potential for a serious conflict of interest: Nothing in the regulations prohibit supervisors and other managers from being placed in the same pay pools as non-management employees. This means that supervisors could compete against the employees they rate (and provide pay increases and bonuses to each year) for the same pay pool funds. This is an obvious conflict of interest. Supervisors could intentionally hold down the ratings and pay increases of employees to ensure that more funds are available for supervisors and managers in the pay pools.
2. The proposed rules contain the potential for abuse of pay pool funds - No limits exist on the amount of pay increases, bonuses, and other awards that management can award themselves or others (favored by managers), leaving little or nothing for the remaining employees in the pay pools. The proposed rules do not assure that funds will be allocated fairly. If managers and top performers are awarded large pay increases, bonuses, Extraordinary Pay Increases (defined in section 9901.344 and on 7560), Organizational Achievement Recognition (described on page 7560), and other payouts from pay pool funds, the pools could be depleted, leaving nothing for the remaining rank-and-file employees like me.
3. The proposed rules allow for the possibility that my pay could be frozen even if my performance is rated satisfactory or better. This could happen to a fully successful employee's pay with the use of "control points", which can be implemented in each pay band to freeze salaries at a certain level. Section 9901.342(d)(3) states: "DoD may provide for the establishment of control points within a, band that limit increases in the rate of basic pay. DoD may require that certain criteria be met for increases above a control point." If a control point were set to require an employee to receive the highest rating to be awarded a pay increase, employees who get the 2nd highest rating and lower would receive nothing, and their pay would be frozen, possibly for the rest of their career. This is clearly unfair, and would result in distrust of management, decreased morale, and lower productivity, ultimately harming national security.
In my view, no changes should be made to the current pay system used by Department of Defense agencies until complete and detailed proposals are provided, and a full comment and review period is completed, followed by a full collective bargaining process with the unions representing DoD employees.
Sincerely,