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Report - Government Executive

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NATIONAL DEFENSE AUTHORIZATION ACT OF 2010<br />

The strong level of <strong>Executive</strong> and Legislative Branch support for creation of performance-based<br />

compensation systems has weakened since 2003. Both MAX HR and NSPS were controversial<br />

from their inception and the targets of litigation from employee unions. Reacting to the<br />

resistance of their federal employee constituents to performance-based compensation design and<br />

implementation, Members of Congress initiated agency inquiries and frequent committee<br />

hearings.<br />

As a further sign of the flagging political support for such systems, now-President Barack<br />

Obama wrote to the President of the American Federation of <strong>Government</strong> Employees during the<br />

closing weeks of the 2008 presidential campaign to express his priorities on federal workforce<br />

issues:<br />

….DoD has stated that it will implement final regulations on…(NSPS) in<br />

October. I agree with you that it is inappropriate and unwise for DoD to<br />

implement such a highly contentious, ill-conceived program so late in this<br />

administration, particularly following the vast revisions to the program included<br />

in the FY08…(NDAA). It is clear to me that the intention of Congress was to<br />

reinstate collective bargaining. Yet DoD is still moving forward with a personnel<br />

system that prohibits most collective bargaining.<br />

Based on my conversations with DoD civilian employees, I have several concerns<br />

about the NSPS pay system, including the aforementioned restrictions on<br />

bargaining rights, the disconnection between pay and performance despite what<br />

employees have been told, the requirement that performance ratings be pushed<br />

into a forced distribution, or bell curve, the suppression of wages by permitting<br />

bonuses to be paid instead of base salary increases, and the virtual elimination of<br />

merit consideration in the promotion process.<br />

Further, the class action lawsuits alleging race, gender, and age bias by employees<br />

placed under pay systems similar to NSPS in other agencies should give us pause.<br />

I cannot and will not support a pay system which discriminates against<br />

employees, and I cannot and will not support a pay system which ultimately is<br />

designed to suppress wages for civilian DoD employees over time.<br />

In March 2009, DoD suspended conversion of new DoD elements into NSPS pending the<br />

Defense Business Board review described earlier. In April, eight House chairmen and<br />

subcommittee chairmen sent a letter to the U.S. Office of Management and Budget urging the<br />

Obama Administration to suspend any further government-wide implementation of performancebased<br />

compensation. Subsequently, the Conference <strong>Report</strong> for the Fiscal Year 2010 National<br />

Defense Authorization Act (NDAA) “repeal(ed) the authority for the National Security<br />

Personnel System (NSPS) and require(d) the transition of NSPS employees to previously<br />

existing civilian personnel systems…”<br />

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