Categories: Fedweek

Some Changes Since Proposed Regs

While the final DoD rules generally track the proposed rules issued earlier this year, the Pentagon did make some changes along the way, following comments and a “meet and confer” period with unions. For example, the final rules provide a reconsideration process for performance ratings, including grievance and arbitration for bargaining unit employees, require written performance standards and require use of multiple years of performance ratings in reductions in force. The authority to put out issuances that can override collective bargaining agreements was limited to the department’s top officials, and there could be bargaining in some circumstances over operational procedures. Also, restrictions were eased somewhat on when a Merit Systems Protection Board hearing officer can reduce management’s choice of a penalty in a disciplinary action. In addition, the Pentagon promised to consider union nominees for the in-house labor relations board.

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