The Defense Department’s proposed rules (in Monday’s Federal
Register) to put in place its “national security personnel
system” track in many ways the final rules announced two
weeks earlier for the Department of Homeland Security.
Like DHS, DoD hopes to begin moving people into its new
system later this year, although in both cases full
implementation is several years off.
Like DHS, DoD’s pay and performance system prominently
features occupational clustering with pay banding, in
which performance–not longevity–will be the major means
of advancing in salary and in which unacceptable performers
will not get any raises. Also as at DHS, DoD plans to
create a pay pool by taking the money that ordinarily
would go for across-the-board raises, within grade raises
and promotions–although DoD plans to keep, at least for a
time, the practice of granting the national locality raise
component. Both departments envision raising the minimums
and maximums of a band based on the job market in that
occupation.
Similarly, DoD like DHS plans to combine the currently
separate processes for performance-based or conduct-based
discipline, while retaining employee rights to appeal to
the Merit Systems Protection Board. And also like DHS, the
Pentagon wants to impose stricter time limits on the appeals
process and limit MSPB’s authority to mitigate a penalty.
Both would keep negotiated grievance procedures as well.
Further, DoD wants to impose new restrictions on bargaining
similar to those planned at DHS. The departments want to make
non-negotiable management rights to determine the numbers,
types and grades of employees, the technology for performing
work. Both also want to create internal labor relations boards
to rule on issues such as scope of bargaining and impasses,
leaving the Federal Labor Relations Authority mainly responsible
for overseeing union elections and handling unfair labor
practices filed by employees. However, as at DHS, FLRA would
act as an outside appeals body over the internal labor board.