This Myths and Facts document was a posting on the DOD NSPS website. I have taken exception to this document and have reporuced it in its entirety with my comments in italics.--MTD President Ron Ault
Myths and Facts
GENERAL MYTH
NSPS does nothing to help with national security.
FACT
Not true. The mission of DoD is national security, and civilians play a vital role in supporting that mission. NSPS provides the Department the tools necessary to recruit, retain, and manage the civilian workforce to accomplish our critical mission in a more effective and efficient manner. NSPS will also provide flexibilities so we can reduce our reliance on the military to perform jobs that civilians can and should perform, freeing up the military to perform its war fighting duties. NSPS is a mission-driven, performance-based system that motivates, recognizes, and rewards excellence, which will result in an overall improvement to mission effectiveness, and enhanced national security. This is critical in the global war on terrorism.
* Opinions are like ears; everybody has at least one! DOD is “spinning” a national security claim to do the dirty deed of taking away American defense workers rights they have enjoyed since at least 1908! Remember the fable of the little boy crying “wolf?” Even during the hysteria of World War II when America imprisoned/interned thousands of German Americans/Japanese Americans, DOD (then called the “War Department”) never questioned the loyalty of Union Members nor did they ever question union membership as a security risk. You can’t dignify this paragraph of propaganda other than say this is just an outright misrepresentation.
MYTH
Under NSPS, DoD civilians can be assigned anywhere in the world, even to a war zone, with little or no notice.
FACT
Currently DoD has the authority to reassign employees, including reassignment to overseas locations, when necessary to support the mission. We do this under today’s system. This authority is unaffected by NSPS. One of the goals of NSPS is to reduce its reliance on military to perform jobs that could be performed by civilians.
* Half true…but then what did you expect of DOD? Today, before NSPS- this procedure is negotiable with DOD’s labor representatives. And the unions have negotiated fair assignment procedures into collective bargaining agreements that spell out the rules on these “Temporary Assigned Duties” that allow for qualified volunteers to be utilized to the maximum extent before forcing qualified non volunteers to go (usually in inverse order of “SENIORITY”), advanced travel pay, reasonable accommodations arrangements, a fair procedure for rotation back to the employee’s permanent duty station, hardship exceptions for single parents, etc….you know- common sense procedures from the workers’ perspective…under NSPS, none of this will be negotiable…this “unified force structure” concept is a “backdoor draft” by DOD to convert federal employees into military personnel…
BENEFITS
MYTH
I will lose my benefits under NSPS.
FACT
NSPS will not affect rules governing retirement benefits or eligibility, health and life insurance, leave, attendance, and other similar benefits.
* Again, DOD is “spinning” and telling a half truth…Under NSPS the manager will be totally in charge with no real meaningful oversight or appeals from his/her decision on your requests for vacation, sick leave, etc. Forget filing an appeal…it is their way or quit!
MYTH
NSPS eliminates veterans’ preference for reduction in force (RIF) and hiring.
FACT
NSPS preserves veterans’ preference. DoD is committed to the principles of veterans’ preference; under NSPS, veterans continue to receive preference for both hiring and RIF.
* This is the one that really gets me (being a Vietnam vet, myself)…DOD’s nose is growing…NSPS preserves veterans preference in NAME ONLY! A manager can “gerrymander” the RIF to the point as to place all the veterans in a single area of competition, so they are the only one subject to losing their jobs! And most importantly even if they do it illegal, where are you going to go to appeal DOD’s illegal activity?- to DOD and ask them to do the right thing? Good Luck! Under NSPS you have the fox in charge of the hen house!
MYTH
Seniority and veterans’ preference will no longer count in the event of a reduction in force (RIF).
FACT
Not true. Veterans’ preference eligibles are still retained over employees without veterans’ preference in RIF. Also, seniority continues to be a factor in RIF. However, because NSPS is a performance-based system, the proposed regulations give greater weight to performance in RIF retention by placing performance ahead of length of service. Employees competing for retention under RIF who have the same performance ratings will be retained based on length of service.
*They cannot say this with a straight face! If all other considerations are equal (and that is never the case in real life) then your seniority may count as a “tie breaker.” Veterans Preference…see my above statement….
Think of this…if you have 25 years of service and have been rated “outstanding” 23 of those 25 years- last two years you work for a lazy supervisor who rates you as “highly sat” so he won’t have to write a letter of justification, and there is a RIF in your area of competition, maybe just in your small work shop, and there is an employee with three years of service working for a different supervisor who actually does their job right and rates that employee as “outstanding” guess who get the “pink slip under the proposed NSPS?” The 25 year employee!
MYTH
I will lose my job security and there will be layoffs.
FACT
No jobs will be eliminated because of NSPS. In fact, under NSPS there may be more opportunities for civilians as military positions are converted to civilian. By easing the administrative burden routinely required by the current system, managers will turn to civilians first when assigning vital tasks.
* Why not level with folks? DOD is planning BRAC this spring to close up to 25% of its “infrastructure” and bases. The Navy has sent a briefing letter to Congress announcing they are planning a RIF of 11,851 employees this year. The official policy of Office of Management and Budget under OMB circular A-76 is to rely upon the private sector for the goods and services whenever possible for the government. Under NSPS there is no oversight by anyone for wholesale contracting out of federal jobs.
PAY
MYTH
I will lose pay under NSPS and I won’t get credit for the time I’ve already spent waiting for my next within grade increase.
FACT
Employees will not lose pay upon conversion to NSPS. Employees will be converted into NSPS at their current salary. In many cases, employees will receive a salary increase equal to the amount they have earned towards their next within grade increase (this is known as the “WGI buy-in”).
* Again DOD is “spinning” half truths…this year according to briefings given the United DOD Workers Coalition by DOD and OPM, the DOD has added and budgeted $158 million to the pay for performance component of NSPS so no one “initially” loses any money during the implementation period. After that initial phase in period, “pay for performance” is “budget neutral” meaning for someone to get a higher pay raise, someone else must get lower pay for doing the same job. So if you look at the costs for the first 300,000 employees as $158 per year, you get an idea that there will be tens of thousands of employees receiving less pay in the years ahead…Lip balm will be in short supply in the DOD…
MYTH
There will be no locality pay under NSPS.
FACT
The proposed NSPS pay system includes a locality-based component of pay called a “local market supplement” that is paid in addition to an employee’s basic pay. The local market supplement will be based on market conditions related to geographical and occupational factors, and may differ from one occupation to another in a given locality area. Employees will be entitled to increases to the local market supplement, unless they are performing at an unacceptable level.
* See my explanation above…
PEO-NSPS, 03-08-05
MYTH
NSPS is just a way to freeze the pay of DoD civilians, since we’re no longer entitled to the automatic January pay increase or within-grade increases.
FACT
The annual January pay increase, as we know it now, will change. The proposed pay rules provide for periodic “rate range” adjustments, to adjust the minimum and/or maximum rate of a pay band. When a minimum rate of a pay band is adjusted upward, employees will receive an equivalent increase. There are no “steps,” similar to the GS system, in a pay banding system. Instead, pay increases and/or performance bonuses are based primarily on your performance rating. Unacceptable performers are not eligible for pay increases under the proposed system.
* Like I said, lip balm will be in short supply in DOD…be nice to your supervisor…
MYTH
Under NSPS, funds for salaries and bonuses will no longer be certain.
FACT
DoD is committed to ensuring civilian compensation is protected. In fact, the law requires that the aggregate amount of money allocated for civilian compensation for organizations under NSPS cannot be less than the amount that would have been allocated under the existing system. Under NSPS, the overall amount of money that would have been used for the annual January pay adjustment, within grade increases, quality step increases, and similar payments, will be used for civilian pay, and those funds will be protected. However, the proposed NSPS pay system will distribute those funds based primarily on performance.
* I think by now you get the picture on the pay program…I’ll just let you read “carefully”, DOD’s explanation.
MYTH
My supervisor will not be prepared and equipped to fairly and objectively rate my performance, and will not be held accountable for exercising his responsibility under NSPS.
FACT
Supervisors and managers will have an important role in determining performance-based pay increases. The flexibilities proposed in the NSPS regulations bring with them an increased need for accountability. This includes employee accountability for performance, as well as supervisory and managerial accountability for the proper exercise of the authorities of NSPS. Extensive training will be given to supervisors and managers, both military and civilian. Training will focus on improving skills needed for effective performance management: setting clear expectations; communicating with employees; and linking individual expectations to the goals and objectives of the organization. Supervisors and managers will be held accountable for how effectively they use the tools provided by NSPS. They will also be subject to the pay and performance provisions of the system, and their pay will be affected by how well they perform their duties as supervisors and managers.
* All this is true and has been true since the passage of the Civil Service Reform Act of 1978…this is exactly the same employee performance evaluation requirements as the present federal personnel law that federal supervisors have been under since 1978…only now they “really will do this” because NSPS says so…. and at the same time DOD has eliminated any meaningful impartial third party enforcement of these requirements.
PEO-NSPS, 03-08-05
LABOR-MANAGEMENT RELATIONS
MYTH
Unions have had no involvement in developing NSPS.
FACT
The proposed NSPS regulations are the product of a broad-based, collaborative effort across the Department that began in 2004. This included a number of meetings with employee representatives involving extensive and fruitful discussions on potential options for the design of the system. In several areas, the proposed regulations reflect the interests and concerns that were voiced during those consultation sessions. We also held numerous focus groups and town hall meetings, many of which included local union involvement, to gather input and feedback on the system design. Now that we have published our proposed regulations, the next step in this process is to gather comments and recommendations on the proposed regulations, and engage in more discussions and dialogue with employee representatives as called for in the law authorizing NSPS.
*The unions representing employees in DOD filed a federal lawsuit against DOD/OPM for violation of this very requirement that employee representatives help develop and implement NSPS. DOD has had groups working for months writing these regulations in such secrecy as usually reserved for a top-secret weapons program.
MYTH
NSPS will do away with bargaining units and employee unions.
FACT
Not true. The implementation of the NSPS labor relations system will not eliminate unions or bargaining units. Employees will still be able to be represented by labor organizations and to bargain collectively. The proposed rules enable the Department to act expeditiously in carrying out its mission by limiting the situations that are subject to bargaining, and speeding up the bargaining process.
* Under NSPS, entire bargaining units of employees who presently enjoy the protection of belonging to a union will be exempted from coverage and the Secretary of Defense can issue as many personnel directives as he see fit that will null and void entire provisions of collective bargaining agreements presently covering those issues. Under NSPS, DOD federal labor unions will be relegated to the status of a “company union.” Anything at the workplace that employees have any interest in will be deemed a management right and will not be subject to bargaining. NSPS is a regressive, oppressive, “I’m Boss,” paternalistic management system that destroys any semblance of workplace rights or freedoms for workers who presently have these rights.
EMPLOYEE RIGHTS
MYTH
Employees will lose their fundamental rights to grieve or appeal unfair decisions or adverse actions.
FACT
NSPS does not change critical employee rights such as merit systems principles, due process, whistleblower protections, and protection against prohibited discrimination and personnel practices. There will continue to be avenues for employees to seek redress. For bargaining unit employees, negotiated grievance procedures will remain part of the process, and other employees will continue to have access to administrative grievance procedures, as well as formal appeals processes for adverse actions.
* Ever notice how DOD wants to keep the Merit Systems Protection Board process? Under NSPS, DOD narrows the scope of what MSPB can review and what remedies MSPB can order, but considering the fact that today most MSPB decisions (more than 75% of all cases) favor DOD anyway, what difference does it make? DOD really wants to get rid of union negotiated impartial grievance arbitration based on an industrial standard of “just cause” for discipline where the decisions run closer to a ratio of 50-50% in favor of employees.
PEO-NSPS, 03-08-05
MYTH
Under NSPS, there is no process for employees to challenge their performance rating.
FACT
DoD is developing a process that will allow employees to request reconsideration of their rating to a higher authority. This process will apply to all employees under NSPS. Under current law, employees in the same organization are often subject to different procedures and avenues when challenging performance ratings. This sometimes results in inconsistent decisions. Because of the importance of the performance rating process and its impact on pay, DoD will ensure that every employee has the same opportunity to seek appropriate redress.
* This process is so heavily weighted in favor of DOD as to make it nearly impossible for any appellant to ever win. And if somehow lucky enough that you do win your appeal, DOD can demand a review process that starts over within DOD again! In this process the fox owns and operates the hen house.
MYTH
Under NSPS, there is no due process for employees affected by an adverse action.
FACT
Not true. The proposed regulations preserve due process rights for employees who are subject to an adverse action (e.g., removal, suspension of more than 14 days, reduction in pay or pay band level). In all such cases, employees continue to have the right to notice of proposed action, the right to reply, the right to representation, and the right to appeal that action. The rule changes proposed in the regulations seek to streamline this process so that workplace issues are resolved quickly, while ensuring due process, recognizing the need for workplace accountability, and providing efficient tools for dealing with performance and conduct issues.
* DOD is “word smithing” again! A close look at the process DOD has proposed (see above) will expose it for what it is…DOD owns and operates their own “In House” justice system…you play by their rules and they get to decide.
MYTH
The proposed appeal system is not an impartial process.
FACT
Under NSPS, employees retain the right to appeal to a third party in adverse action cases. The proposed regulations retain Merit Systems Protection Board (MSPB) administrative judges as the initial adjudicators of employee appeals of adverse actions. Although the proposed regulations provide for a Departmental review of those initial administrative judge decisions, employees retain the right to appeal to the full MSPB to review a final Department decision.
* Notice DOD said “final Department decision?” Do you have any idea of how many “hoops” and reviews DOD is going to make you jump through to get a “Final Department Decision”??? If you have unlimited funds for lawyers, you may someday get to a federal court, otherwise DOD will win the battle of attrition in most cases because employees with meritorious cases will simply give up.
PEO-NSPS, 03-08-05
Metal Trades Department, AFL-CiO • 815 16th Street, NW •Washington, DC 20006
Phone: 202-508-3705 • Fax: 202-508-3706 • email: metaltradesweb@gmail.com
