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Welcome to NSPS Fundamentals
 

Welcome to NSPS Fundamentals

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    Welcome to NSPS Fundamentals Welcome to NSPS Fundamentals Presentation Transcript

    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Department of Defense Classification Fundamentals of NSPS The final regulations contain the following sections. National Security Select one for moreOverview of the Final Enabling An information. Pay and Pay Personnel System Regulations Administration Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit http://www.cpms.osd.mil/nsps Acronym List
    • Fall 2005 Welcome to the Fundamentals of NSPS Final Enabling Regulations In October 2005, DoD published the final enabling regulations for the National Security Personnel System (NSPS) in the Federal Register. The regulations take into account the comments by civilian employees and their labor representatives, management, and many others. To help you understand the regulations, the NSPS Program Executive Office (PEO) created this presentation, “Fundamentals of NSPS.” Note regarding the specificity of the regulations: Many parts of the regulations remain relatively general in nature and expressly provide for the Department to develop implementing issuances to carry out the policies established in accordance with NSPS. Click here to continue…
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Getting Started General Provisions Fundamentals of NSPS presents the final NSPS regulations in Classification an accessible, easy-to-understand format, and summarizes Pay and Pay every section of the NSPS regulations. Administration It also provides a glossary and acronym list so you can better Performance understand the system. Topics are categorized by regulation Management subpart. Staffing and For each subpart, you can review: Employment • Analysis of the regulation Workforce Shaping • Knowledge checks to test your understanding Adverse Actions The analyses pages provide links to the sections of the Appeals regulation as published in the Federal Register. Labor-Management Adverse Actions, Appeals and Labor Management Relations Relations enjoined in AFGE v. Rumsfeld Exit Click a topic to begin! Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions General Provisions Classification The final regulations contain the following sections. Select one for more information. Pay and Pay Administration • Purpose • Eligibility and Coverage Performance Management • Scope of Authority • Coordination with OPM Staffing and • Continuing Collaboration (with employee representatives) Employment • Relationship to Other Provisions Workforce Shaping • Program Evaluation Adverse Actions Appeals Labor-Management Relations Exit General Provisions Acronym List Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Purpose Classification (9901.101) Pay and Pay The purpose of the regulations is to establish NSPS as the new Administration human resources management system, which includes a new Performance appeals process. NSPS also includes a new labor relations Management system for DoD. The regulations are based on guiding principles Staffing and and key performance parameters set by DoD and OPM Employment leadership. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit General General Eligibility & Provisions Acronym List Provisions Coverage Definitions Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Eligibility and Coverage Classification (9901.102) Pay and Pay All civilian employees are eligible for coverage, except to the Administration extent specifically prohibited by law. A summary chart displaying Performance some of the major categories of employees that are eligible or not Management eligible for coverage under NSPS systems is available. Staffing and Employment Note: Each subcategory of the regulations contains a “coverage” Workforce Shaping section that provides specific coverage details. (continued) Adverse Actions Appeals Labor-Management Relations Exit Eligibility & General Coverage, Provisions Acronym List Purpose P. 2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Eligibility and Coverage (continued) Classification (9901.102) Pay and Pay Administration The Secretary, at his or her discretion, may: • Bring employees into NSPS at any time (including those under Performance discretionary personnel systems (title 10) under certain Management conditions). Staffing and • Establish or change an effective date for applying the NSPS Employment Labor Relations System to all eligible employees (including Workforce Shaping laboratory demonstration projects, non-appropriated fund Adverse Actions employees, and prevailing rate employees). (continued) Appeals Labor-Management Relations Exit Eligibility & Eligibility & General Coverage, Coverage, Provisions Acronym List P. 1 P. 3 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Eligibility and Coverage (continued) Classification (9901.102) Pay and Pay Any new classification, pay, or performance management system Administration covering the Senior Executive Service (SES) will conform to OPM Performance government-wide policies and procedures. If the Secretary brings Management SES into NSPS under rules substantially different from Staffing and government-wide policies, DoD and OPM must issue jointly Employment prescribed regulations setting new rules. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit General Eligibility & Scope of Provisions Acronym List Coverage, Authority Definitions P. 2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Scope of Authority Classification (9901.104) Pay and Pay The authority for implementing NSPS is 5 U.S.C. 9902 (title 5). Administration The NSPS regulations may waive or modify certain chapters of Performance title 5, including: Management • Chapter 31, 33, and 35 (staffing, employment, and workforce shaping) • Chapter 43 (performance appraisal systems) Staffing and Employment • Chapter 51 (General Schedule job classification) • Chapter 53 (pay for General Schedule employees, pay and job grading Workforce Shaping for Federal Wage System (FWS) employees, and pay for certain other employees) Adverse Actions • Subchapter V of chapter 55 (premium pay), except section 5545b Appeals (firefighter pay) • Chapter 71 (labor relations, authorized by section 9902(m)) Labor-Management • Chapter 75 (adverse actions) Relations • Chapter 77 (appeal of adverse actions and certain other actions) Exit General Eligibility & Coordination Provisions Acronym List Coverage, with OPM Definitions P. 3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Coordination with OPM Classification (9901.105) Pay and Pay DoD will coordinate with OPM prior to establishing or modifying Administration aspects of the NSPS classification system, compensation system, Performance appointing authorities, and examining procedures and before Management establishing or administrating a workforce shaping system. The Staffing and Secretary will coordinate with the Director when making the Employment determination that NSPS meets the criteria set in title 5 of the U.S. Workforce Shaping Code. Adverse Actions When the Secretary proposes an action requiring coordination, the Secretary will allow the Director time to comment, consider the Appeals Director’s comments, and provide notice of implementation of the Labor-Management action before any final determination is made. Relations Exit General Scope of Continuing Provisions Acronym List Authority Collaboration Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Continuing Collaboration Classification (9901.106) Pay and Pay DoD will include labor unions in further development and/or Administration adjustment of NSPS, including development of internal Performance implementing issuances. Management The unions will have the opportunity to meet and discuss their Staffing and views and recommendations with DoD officials. DoD will Employment determine the timelines and terms for the meetings. Workforce Shaping (continued) Adverse Actions Appeals Labor-Management Relations Exit General Continuing Coordination Provisions Acronym List Collaboration, with OPM Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Continuing Collaboration (continued) Classification (9901.106) Pay and Pay Written comments and/or recommendations from the unions will Administration be part of the record and will be considered before a final decision Performance is made. Management This is the exclusive procedure for labor union representative Staffing and participation in the development or adjustment of the implementing Employment issuances. This is NOT a bargaining process. The Secretary, Workforce Shaping Deputy Secretary, Principal Staff Assistants, or Secretaries of the Adverse Actions Military Departments reserve the right to determine content of any implementing issuances. Appeals Labor-Management Relations Exit General Continuing Relationship to Provisions Acronym List Collaboration, Other Definitions P.1 Provisions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Relationship to Other Provisions Classification (9901.107) Pay and Pay These regulations must be recognized as a means to promote Administration swift, effective day-to-day accomplishment of the DoD mission. Performance DoD and OPM interpretation of these regulations must be Management accorded great deference in proceeding before third parties. Staffing and NSPS employees will be covered under the waived, modified, or Employment replaced chapters for the purpose of other laws outside those chapters, except as specifically provided in the NSPS regulations Workforce Shaping or in implementing issuances. Adverse Actions Certain law-enforcement officer special base rates and geographic Appeals adjustments do not apply to employees covered by the NSPS classification and pay system. Labor-Management Relations (continued) Exit Relationship General Continuing to Other Collaboration, Provisions, Provisions Acronym List P.2 P. 2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Relationship to Other Provisions (continued) Classification (9901.107) Pay and Pay Nothing in NSPS waives or modifies employment discrimination Administration laws under the Equal Employment Opportunity Commission Performance (EEOC). Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Relationship General to Other Program Provisions Acronym List Provisions, Evaluation Definitions P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Menu General Provisions Program Evaluation Classification (9901.108) Pay and Pay The Secretary will evaluate NSPS regulations and implementation. Administration Employee representatives will have a role in this evaluation Performance process. Note that nothing in the regulations prevents evaluations Management of NSPS by other appropriate organizations, such as the Merit Staffing and Systems Protection Board or the Government Accountability Employment Office. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Relationship General to Other Knowledge Provisions Acronym List Provisions, Checks Definitions P.2
    • Fundamentals of NSPS General Provisions—Knowledge Check 1 Click the appropriate answer: The NSPS regulations completely replace title 5. a) True b) False Program Knowledge Evaluation Check 2
    • Fundamentals of NSPS General Provisions—Knowledge Check 2 Click the appropriate answer: Who is eligible for coverage under NSPS? a) Management only b) Senior Executives c) Employees with 10 years of service or less d) All civilian DoD employees Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS General Provisions—Knowledge Check 3 Click the appropriate answer. Implementing Issuances are: a) Work products, services, outputs, or results provided or produced by an employee. b) Documents issued by the Secretary, Deputy Secretary, Principal Staff Assistants, or Secretaries of the Military Departments to carry out a policy or procedure of the Department or Military Department implementing the NSPS regulations. c) Groups or families of positions performing similar types of work. Knowledge Knowledge Check 2 Check 4
    • Fundamentals of NSPS General Provisions—Knowledge Check 4 Click the appropriate answer: DoD will work with OPM and collaborate with ________ during development of NSPS implementing issuances. a) the Government Accountability Office (GAO) b) union representatives for civilian DoD employees c) the Office of Management and Budget (OMB) d) the Department of Homeland Security (DHS) Knowledge Knowledge Check 3 Check 5
    • Fundamentals of NSPS General Provisions—Knowledge Check 5 Click the appropriate answer: NSPS affects employment discrimination laws under the EEOC. a) True b) False Knowledge Back to Main Check 4 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Classification Classification The final regulations contain the following sections. Select one for more information. Pay and Pay Administration • Purpose • Coverage Performance Management • Waivers • Bar on Collective Bargaining Staffing and • Career Groups Employment • Pay Schedules and Pay Bands Workforce Shaping • Classification Requirements Adverse Actions • Reconsideration of Classification Decisions • Conversion of Positions and Employees to the NSPS Classification System Appeals Labor-Management Relations Exit Classification Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Purpose Classification (9901.201) Pay and Pay The classification sections of the regulations provide a framework Administration for DoD to establish a new job classification system. Similar to the Performance title 5 system, NSPS will fulfill the merit principle that equal pay Management should be provided for work of equal value, with appropriate Staffing and consideration of both national and local rates paid by employers in Employment the private sector, and appropriate incentives and recognition Workforce Shaping should be provided for excellence in performance. Adverse Actions (continued) Appeals Labor-Management Relations Exit Classification Classification Purpose, Definitions Acronym List Menu P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Purpose (continued) Classification (9901.201) Pay and Pay This new method of classification will: Administration • Use broader pay bands than the General Schedule (GS) Performance • Allow for market-sensitive pay decisions Management Staffing and The NSPS classification system will provide for a structure with Employment consistently defined work levels, while the performance management and compensation systems will establish the value of Workforce Shaping that work. Adverse Actions Appeals Labor-Management Relations Exit Classification Purpose, Coverage Definitions Acronym List P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Coverage Classification (9901.202) Pay and Pay The classification regulations make the following categories of Administration employees eligible for coverage: General Schedule, FWS rate, Performance SES, senior and scientific or professional positions (SL/ST), and Management others as determined by the Secretary. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Classification Purpose, Waivers Definitions Acronym List P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Waivers Classification (9901.203) Pay and Pay The NSPS classification system may waive certain title 5 Administration provisions for DoD employees. Performance Management The section of title 5 dealing with the classification of positions above GS-15 is not waived for the purpose of defining and Staffing and allocating SES positions. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Bar on Classification Coverage Collective Definitions Acronym List Bargaining
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Bar on Collective Bargaining Classification (9901.205) Pay and Pay The NSPS classification system is not subject to collective Administration bargaining. This bar on collective bargaining applies to all aspects Performance of the classification system, including, but not limited to coverage Management determinations, the design of the classification structure, and Staffing and classification methods, criteria, and administrative procedures and Employment arrangements. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Classification Waivers Career Groups Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Career Groups Classification (9901.211) Pay and Pay NSPS implementing issuances will document and explain the new Administration DoD career groups. The Secretary will base these groups on Performance mission/function, nature of work, qualifications or competencies, Management career or pay progression patterns, relevant labor-market features, Staffing and and other characteristics. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Bar on Classification Collective Pay Schedules Definitions Acronym List and Pay Bands Bargaining
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Pay Schedules and Pay Bands Classification (9901.212) Pay and Pay Implementing issuances will establish pay schedules for career Administration groups. Performance Management Each pay schedule may include one or more pay bands. The pay bands within a pay schedule will represent progressively higher Staffing and levels of work with correspondingly higher pay ranges. Employment The following graphic shows an example of how the classification Workforce Shaping structure may be implemented. Adverse Actions (continued) Appeals Labor-Management Relations Exit Classification Pay Schedules Acronym List Career Groups and Pay Bands, Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Pay Schedules and Pay Bands (continued) Classification (9901.212) Pay and Pay Administration Performance Management Staffing and Pay Bands Career Employment Group Workforce Shaping Pay Schedule Adverse Actions Appeals Labor-Management Relations Exit Classification Pay Schedules Classification Acronym List and Pay Bands, Definitions Requirements P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Classification Requirements Classification (9901.221) Pay and Pay The Secretary will establish a method for describing and Administration documenting duties, responsibilities, and qualifications Performance requirements for jobs (position descriptions). As part of this Management method, the Secretary will generally retain OPM occupational Staffing and definitions, titles, and series. The Secretary will establish internal Employment classification criteria for assigning positions to career groups, Workforce Shaping pay schedules, and pay bands. Classification decisions are to be implemented by a personnel action, which will occur within four Adverse Actions pay periods of the date of the decision. Appeals Labor-Management Relations Exit Pay Schedules Reconsideration Classification of Classification Acronym List & Pay Bands, Definitions Considerations P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Reconsideration of Classification Decisions (Appeals) Classification (9901.222) Pay and Pay Under NSPS, employees may request that DoD or OPM Administration reconsider the classification (that is career group, pay schedule, Performance occupational series, official title, or pay band) of their official Management positions of record at any time. This opportunity to file a request Staffing and for reconsideration (classification appeal) is similar to the Employment classification appeal process under the GS system. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Classification Conversion of Classification Acronym List Requirements Positions & Definitions Employees
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Classification Menu General Provisions Conversion of Positions and Employees to the NSPS Classification Classification System (9901.231) Pay and Pay Administration The implementing issuances will prescribe policies and procedures for initially converting employees to the NSPS pay- Performance Management banding system. The policies and procedures will guarantee that, upon conversion, employees will not experience a reduction Staffing and in their total salary. The conversion process may allocate a Employment greater or lesser amount to basic pay than an employee’s rate of Workforce Shaping basic pay under the General Schedule, but the total of basic pay Adverse Actions plus local market supplement will be no less than the total of GS basic pay plus locality pay or special rate supplement (unless Appeals the conversion involves a geographic relocation). Labor-Management Relations Exit Classification Reconsideration Knowledge Definitions Acronym List of Classification Checks Considerations
    • Fundamentals of NSPS Classification—Knowledge Check 1 Click the appropriate answer. Which of the following is NOT a goal of the NSPS classification system? a) Align with the merit principle that equal pay should be provided for work of equal value. b) Follow the current title 5 classification structure. c) Appropriately consider both national and local rates paid by employers in the private sector. d) Provide for a structure with consistently defined work levels. Conversion of Knowledge Positions & Check 2 Employees
    • Fundamentals of NSPS Classification—Knowledge Check 2 Click the appropriate answer. A career group is: a) A work level and associated pay range. b) A set of related pay schedules. c) A grouping of one or more associated or related occupations that include one or more pay schedules. d) A set of work assignments or responsibilities. Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Classification—Knowledge Check 3 Click the appropriate answer. A pay band is: a) An employee’s rate of pay before any deductions and exclusive of additional pay of any kind, except as expressly provided by law or regulation. b) A work level and associated pay range within a pay schedule. c) An element of the performance payout that consists of a one-time lump- sum payment made to employees. d) A group or family of positions performing similar types of work. Knowledge Knowledge Check 2 Check 4
    • Fundamentals of NSPS Classification—Knowledge Check 4 Click the appropriate answer. A pay schedule is: a) A set of related pay bands for a specified category of work within a career group. b) The rate of basic pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind. c) A group or family of positions performing similar types of work. d) An element of the performance payout that consists of a one-time lump- sum payment made to employees. Knowledge Knowledge Check 3 Check 4
    • Fundamentals of NSPS Classification—Knowledge Check 5 Click the appropriate answer. Which one of the following factors will NOT contribute to the definition of the new DoD career groups? a) DoD mission/function b) Qualifications/competencies c) Tenure d) Nature of work Knowledge Knowledge Check 4 Check 6
    • Fundamentals of NSPS Classification—Knowledge Check 6 Click the appropriate answer. NSPS will _________ the ability of employees to file a classification appeal (request for reconsideration). a) expand b) reduce c) not impact Knowledge Back to Main Check 5 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Pay and Pay Administration Classification The final regulations contain the following sections. Select one for more information. • Performance-Based Pay Pay and Pay • Purpose • Performance Payouts Administration • Coverage • Pay Reduction Based on Unacceptable Performance and/or Performance • Waivers Conduct Management • Bar on Collective Bargaining • Other Performance Payments • Major Features of the Pay System Staffing and • Treatment of Developmental Positions Employment • Maximum Rates • Setting an Employee’s Starting Pay • National Security Compensation Comparability Workforce Shaping • Setting Pay Upon Reassignment • Structure for Setting and Adjusting Rate Ranges • Setting Pay Upon Promotion Adverse Actions • Setting and Adjusting Rate Ranges • Setting Pay Upon Reduction in Band • Eligibility for Pay Increase Associated Appeals • Pay Retention with a Rate Range Adjustment • Miscellaneous Pay Administration • Local Market Supplements Labor-Management • Premium Pay—General Relations • Setting and Adjusting Local Market Supplements • Conversion Principles—General • Eligibility for Pay Increase Associated with a Exit Supplement Adjustment • Creating Initial Pay Ranges Pay and Pay • Conversion of Employees to NSPS Admin Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Purpose Classification (9901.301) Pay and Pay The pay and pay administration sections of the NSPS regulations Administration establish the framework for the NSPS pay system. They include Performance provisions for setting pay rates for pay bands, pay administration, Management performance pay, and premium pay. The new system links pay to Staffing and employees’ performance ratings and is designed to promote a Employment high-performance culture within DoD. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Pay and Pay Pay and Pay Acronym List Administration Coverage Admin Definitions Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Coverage Classification (9901.302) Pay and Pay The pay and pay administration sections may apply to: Administration • Employees and positions formerly covered by the GS pay Performance Management system. Staffing and • Employees and positions formerly covered by the FWS. Employment • Employees formerly in senior-level and scientific or professional Workforce Shaping positions (SL/ST). Adverse Actions • Members of the SES. • Others designated by the Secretary. Appeals This section does not apply in determining premium pay coverage. Labor-Management Relations Exit Pay and Pay Acronym List Purpose Waivers Admin Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Waivers Classification (9901.303) Pay and Pay When a specified category of employees is covered under this Administration section, certain provisions under chapters 53 and 55 of title 5 are Performance waived. Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Bar on Pay and Pay Coverage Collective Admin Definitions Acronym List Bargaining
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Bar on Collective Bargaining Classification (9901.305) Pay and Pay Any pay program established according to this subpart is not Administration subject to collective bargaining. This bar on collective bargaining Performance applies to all aspects of the pay program, including but not limited Management to: Staffing and • Coverage decisions Employment • The design of pay structures Workforce Shaping • The setting and adjustment of pay levels Adverse Actions • Pay administration rules and policies • Administrative procedures and arrangements Appeals Labor-Management Relations Exit Major Features Pay and Pay of the Pay Acronym List Waivers Admin Definitions System
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Major Features of the Pay System Classification (9901.311) Pay and Pay Administration Through implementing issuances, the Secretary will establish Performance policies for: Management • Determining the rate range minimum and maximum for pay Staffing and bands. Employment • Adjusting rate ranges based on mission requirements, labor Workforce Shaping market conditions, and other factors. • Setting and adjusting local market supplements based on Adverse Actions local labor market conditions and other factors. Appeals The issuances will also cover policies for pay setting, pay Labor-Management administration, performance payouts, and premium pay. Relations Exit Bar on Maximum Pay and Pay Acronym List Collective Rates Admin Definitions Bargaining
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Maximum Rates Classification (9901.312) Pay and Pay The Secretary will establish maximum rates for basic pay and Administration aggregate pay. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit National Security Pay and Pay Major Features of the Acronym List Compensation Admin Definitions Pay System Comparability
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions National Security Compensation Comparability Classification (9901.313) Pay and Pay To the maximum extent practicable for FY 2004 through 2008, the Administration overall amount allocated for compensation for NSPS employees Performance will not be less than would have been allocated had they not been Management converted to NSPS. The enabling regulation protects pay for employees overall (aggregate), rather than at the individual or Staffing and Employment work unit level. Note: For the purposes of this section, “compensation” means Workforce Shaping basic pay taking into account any applicable locality payment, Adverse Actions special rate supplement, local market supplement, or similar payment. Appeals Labor-Management Relations Exit Structure for Pay and Pay Maximum Acronym List Setting & Admin Definitions Rates Adjusting Rates
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting and Adjusting Rate Ranges Classification (9901.321) Pay and Pay The Secretary has the authority to set minimum and maximum Administration rates of pay for each pay band. The ranges will include Performance consideration of: Management • Mission requirements. Staffing and • Labor market conditions. Employment • Availability of funds. Workforce Shaping • Pay adjustments authorized for other Federal employees. Adverse Actions • Other relevant factors. Appeals The established pay band ranges will apply in all locations. Labor-Management Relations Exit National Pay and Pay Security Setting & Admin Definitions Acronym List Compensation Adjusting Rates Comparability
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting and Adjusting Rate Ranges Classification (9901.322) Pay and Pay The Secretary may set the effective date for rate range Administration adjustments. Performance Management Rate range adjustments may be different for different pay bands. Adjustments to the minimum rate and maximum rate may be Staffing and different (for example, raise the minimum rate by one percent and Employment the maximum by three percent). Rate ranges will be reviewed for Workforce Shaping possible adjustment at least annually. Adverse Actions Appeals Labor-Management Relations Exit Eligibility for Pay Increase Structure for Pay and Pay Associated with Acronym List Setting & Admin Definitions a Rate Range Adjusting Rates Adjustment
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Eligibility for Pay Increase Associated with a Rate Classification Range Adjustment (9901.323) Pay and Pay Administration Employees with a current rating of record above the unacceptable level and employees who do not have a current rating of record for Performance Management the most recently completed appraisal period will receive an annual basic pay increase equal to the percentage increase in the Staffing and Employment minimum rate of their band. Employees with a performance rating of unacceptable will not receive this adjustment. Employees Workforce Shaping receiving a retained rate will not receive this adjustment. Adverse Actions Appeals Labor-Management Relations Exit Pay and Pay Setting & Local Market Admin Definitions Acronym List Adjusting Rates Supplements
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Local Market Supplements Classification (9901.331 and 9901.332) Pay and Pay The Secretary may establish local market supplements (in addition Administration to basic pay) that apply to specified local market areas. The local Performance market supplement authority replaces the GS locality pay and Management special rate authorities. Staffing and The Secretary may establish standard or targeted local market Employment supplements (LMS): Workforce Shaping • A standard LMS applies to employees in a given pay schedule or Adverse Actions pay band who are stationed within a local market area. • A targeted LMS applies to a specified category of employees (such Appeals as those in a particular occupation and pay band) in a particular Labor-Management location. A targeted LMS may be established to address Relations recruitment or retention difficulties or for other appropriate reasons. Exit (continued) Eligibility for Pay Increase Local Market Pay and Pay Associated with Supplements, Admin Definitions Acronym List a Rate Range P. 2 Adjustment
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Local Market Supplements (continued) Classification (9901.331 and 9901.332) Pay and Pay Similar to GS locality pay, local market supplements are Administration considered basic pay for various purposes, such as retirement, life Performance insurance, premium pay, severance pay, cost-of-living allowances Management and post differential, overseas allowances and differentials, Staffing and recruitment, relocation, retention incentives, supervisory Employment differentials, extended assignment incentives, lump-sum payments Workforce Shaping for accumulated and accrued annual leave, and other purposes as authorized in issuances. Adverse Actions Appeals Labor-Management Relations Exit Setting & Local Market Pay and Pay Adjusting Local Acronym List Supplements, Admin Definitions Market P.1 Supplements
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting and Adjusting Local Market Supplements Classification (9901.333) Pay and Pay The Secretary has the authority to set and adjust local market Administration supplements. Setting and adjusting the supplements will include Performance consideration of: Management • Mission requirements. Staffing and • Labor market conditions. Employment • Availability of funds. Workforce Shaping • Adjustments received by employees of other Federal Adverse Actions agencies. • Other relevant factors. Appeals Labor-Management Relations Exit Eligibility for Pay Increase Pay and Pay Local Market Associated with Acronym List Supplements, a Supplement Admin Definitions P.2 Adjustment
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Eligibility for Pay Increase Associated with a Classification Supplement Adjustment (9901.334) Pay and Pay Administration Employees with a current rating of record above the unacceptable level and employees who do not have a current rating of record for Performance Management the most recently completed appraisal period will receive local market supplement adjustments. This includes employees Staffing and receiving a retained rate. Employees with a current rating of record Employment of unacceptable will not receive a pay increase. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Setting & Performance- Pay and Pay Adjusting Local Based Pay— Admin Definitions Acronym List Market General Supplements
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Performance-Based Pay—General Classification (9901.341) Pay and Pay Through NSPS, the Secretary will gain the flexibility to allocate Administration available funds to employees based on individual performance or Performance contribution, or team or organizational performance. The goal is to Management foster a high-performance culture that supports mission Staffing and accomplishment. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Eligibility for Pay Increase Pay and Pay Associated with Performance Admin Definitions Acronym List a Supplement Payouts Adjustment
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Performance Payouts Classification (9901.342) Pay and Pay NSPS will establish a performance-based system to distribute pay Administration increases and bonuses based on individual performance, Performance contribution, team or organizational performance, or a combination Management of those elements. Staffing and An employee’s rating of record for the appraisal period will be Employment used as the basis for his or her performance payout. Workforce Shaping (continued) Adverse Actions Appeals Labor-Management Relations Exit Pay and Pay Performance- Performance Admin Definitions Acronym List Based Pay— Payouts, P. 2 General
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Performance Payouts (continued) Classification (9901.342) Pay and Pay NSPS will use a pay pool concept to determine performance Administration payouts, which will be in the form of performance shares (units of Performance pay pool funds), expressed as salary increases, bonuses, or both. Management Pay pools will be managed by a pay pool manager and/or pay pool Staffing and panel. The responsibilities of pay pool managers and pay pool Employment panels will include the review of proposed rating and share Workforce Shaping assignments to ensure that employees are treated fairly and consistently and in accordance with the merit system principles. Adverse Actions (continued) Appeals Labor-Management Relations Exit Pay and Pay Performance Performance Admin Definitions Acronym List Payouts, P. 1 Payouts, P. 3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Performance Payouts (continued) Classification (9901.342) Pay and Pay Administration Performance shares will be used to determine pay increases and/or bonuses. Employees with unacceptable rating of record will Performance Management be assigned zero shares. Where the Secretary establishes a range of shares for a rating of record level, implementing Staffing and Employment issuances will provide guidance on the use of share ranges. DoD organizations must inform employees of the factors that may Workforce Shaping be considered in making specific share assignments at least 90 Adverse Actions days prior to the end of the appraisal period. Pay pool managers Appeals or pay pool panels will review proposed share assignments to ensure that factors are applied consistently across the pay pool Labor-Management Relations and in accordance with the merit system principles. (continued) Exit Pay and Pay Performance Performance Admin Definitions Acronym List Payouts, P. 2 Payouts, P. 4
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Performance Payouts (continued) Classification (9901.342) Pay and Pay The performance payout is a function of the amount of money in Administration the performance pay pool and the number of shares assigned Performance within the pay pool. An individual employee’s payout is based on Management the number of shares assigned and the current salary of the Staffing and employee. Policies and procedures regarding pay pools and Employment funding will be set through implementing issuances. The Secretary Workforce Shaping will determine a percentage of pay to be included in pay pool funds (to be paid out in basic pay increases and/or bonuses). Adverse Actions (continued) Appeals Labor-Management Relations Exit Pay and Pay Performance Performance Admin Definitions Acronym List Payouts, P. 3 Payouts, P. 5
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Performance Payouts (continued) Classification (9901.342) Pay and Pay Increases to basic pay may not cause the basic pay of an Administration employee to exceed the maximum of his or her pay band. The Performance Secretary may establish “control points” within a band that limit Management increases in the rate of basic pay. Staffing and The Secretary will set procedures for specially-situated Employment employees, including new hires, employees in leave without Workforce Shaping pay status, those returning from military duty, employees returning to duty from workers’ compensation status, and Adverse Actions employees in developmental positions. Appeals Labor-Management Relations Exit Pay Reduction for Pay and Pay Performance Unacceptable Admin Definitions Acronym List Payouts, P. 4 Performance/ Conduct
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Classification Pay Reduction Based on Unacceptable Performance and/or Conduct (9901.343) Pay and Pay Administration An employee’s basic rate of pay may be reduced no more than Performance once in a 12-month period based on a determination of Management unacceptable performance, conduct, or both. Reductions in pay Staffing and may not exceed 10% of an employee’s basic salary, unless a Employment larger reduction is necessary to set the pay at the maximum rate Workforce Shaping of a lower band. Adverse Actions Appeals Labor-Management Relations Exit Other Pay and Pay Performance Acronym List Performance Admin Definitions Payouts, P. 3 Payments
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Other Performance Payments Classification (9901.344) Pay and Pay DoD may reward employees or groups of employees through Administration other types of payments to recognize extraordinary team, Performance organizational and/or individual performance, or other special Management circumstances. The amount of such payments may not cause the Staffing and employee’s rate of basic pay to exceed the maximum rate of the Employment employee’s assigned pay band. Workforce Shaping (continued) Adverse Actions Appeals Labor-Management Relations Exit Pay Reduction for Unacceptable Other Pay and Pay Performance/ Performance Admin Definitions Acronym List Conduct Payments, P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Other Performance Payments (continued) Classification (9901.344) Pay and Pay Extraordinary Pay Increase—An extraordinary pay increase (EPI) Administration is a payment used to reward employees when the payout formula Performance does not adequately compensate them for their extraordinary Management performance. It is to be used sparingly and only to reward Staffing and exceptionally high-performing employees whose performance and Employment contributions to the organization are of an exceedingly high value. Workforce Shaping The performance must be expected to continue at an extraordinarily high level in the future. Adverse Actions (continued) Appeals Labor-Management Relations Exit Other Treatment of Pay and Pay Performance Developmental Admin Definitions Acronym List Payments, P. 1 Positions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Treatment of Developmental Positions Classification (9901.345) Pay and Pay Implementing issuances will provide guidance on pay increases Administration for developmental positions. Performance Management These issuances may require employees to meet standardized assessments or qualifications as part of a formal training or Staffing and developmental program and may allow for adjustments through Employment the performance payout process. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Other Setting an Pay and Pay Performance Acronym List Employee’s Admin Definitions Payments, P. 2 Starting Pay
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting an Employee’s Starting Pay Classification (9901.351) Pay and Pay Under NSPS, pay for initial appointment or reappointment may be Administration set anywhere in the rate range for the assigned pay band, subject Performance to implementing issuances. Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Pay and Pay Treatment of Setting Pay Acronym List Developmental upon Admin Definitions Positions Reassignment
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting Pay Upon Reassignment Classification (9901.352) Pay and Pay Pay for voluntary or involuntary reassignments may be set Administration anywhere in the rate range for the assigned pay band, subject to Performance implementing issuances. Also, depending on the adverse action Management procedures in these regulations, implementing issuances, or other Staffing and appropriate procedures, an employee could be subject to a salary Employment reduction of up to 10 percent. Workforce Shaping The Secretary will prescribe policies in implementing issuances regarding setting pay for an employee whose pay is reduced Adverse Actions involuntarily, but not through adverse action procedures. Appeals (continued) Labor-Management Relations Exit Setting Pay Pay and Pay Setting an upon Acronym List Employee’s Reassignment, Admin Definitions Starting Pay P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting Pay Upon Reassignment (continued) Classification (9901.352) Pay and Pay For employees who complete a temporary reassignment, or for Administration those who fail to complete an in-service probationary period, basic Performance pay rate will revert to the rate prior to the reassignment or Management probation, with appropriate adjustments to the employee’s basic Staffing and pay rate for rate range increases or performance payouts that Employment occurred during the time he or she was assigned to the new Workforce Shaping position. Any resulting reduction in basic pay is not considered an adverse action. Adverse Actions Appeals Labor-Management Relations Exit Setting Pay Pay and Pay Upon Setting Pay Admin Definitions Acronym List Reassignment, upon Promotion P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting Pay Upon Promotion Classification (9901.353) Pay and Pay Unless stated otherwise in the implementing issuances, upon an Administration employee’s promotion, the employee will receive an increase in Performance basic pay rate of at least six percent, unless this increase causes Management the rate to exceed the maximum for the applicable pay band. Also, Staffing and the employee’s basic pay rate upon promotion may not be less Employment than the minimum of the rate range. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Setting Pay upon Setting Pay Pay and Pay Acronym List Reassignment, upon Reduction Admin Definitions in Band P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting Pay Upon Reduction in Band Classification (9901.354) Pay and Pay Depending on the adverse action procedures in these regulations, Administration implementing issuances, or other appropriate procedures, pay Performance may be set anywhere within the assigned pay band when an Management employee is reduced in band, either voluntarily or involuntarily. Staffing and Pay retention rules will apply, when applicable. Employment For involuntary reductions through adverse action procedures, Workforce Shaping reductions in pay may not exceed 10 percent of an employee’s Adverse Actions basic pay unless a greater reduction is necessary to set the pay at the maximum rate of a lower band. Appeals Labor-Management Relations Exit Setting Pay Pay and Pay Setting Pay Acronym List upon Reduction Admin Definitions upon Promotion in Band, P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Setting Pay Upon Reduction in Band (continued) Classification (9901.354) Pay and Pay Policies regarding setting pay for an employee who is reduced in Administration band involuntarily, but not through adverse action procedures, will Performance be set forth in the implementing issuances. Management For employees who complete a temporary promotion, or for those Staffing and who fail to complete an in-service probationary period, the basic Employment pay rate will revert to the rate prior to the promotion or probation, Workforce Shaping with appropriate adjustments to the employee’s basic pay rate for Adverse Actions rate range increases or performance payouts that occurred during the time he or she was assigned to the new position. Any resulting Appeals reduction in basic pay is not considered an adverse action. Labor-Management Relations Exit Setting Pay Pay and Pay upon Reduction Pay Retention Admin Definitions Acronym List in Band, P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Pay Retention Classification (9901.355) Pay and Pay NSPS will authorize a two-year period of pay retention (preserving an Administration employee’s former rate of basic pay that is above his or her assigned Performance pay band) when an employee’s pay would otherwise be reduced Management through no fault of his or her own. While an employee is on pay retention: Staffing and Employment • Performance payouts will be in the form of bonuses rather than salary adjustments. Workforce Shaping • He or she will not be entitled to receive minimum rate range Adverse Actions adjustments. Appeals • He or she will receive applicable local market supplement adjustments, provided performance is not unacceptable. Labor-Management Relations • Implementing issuances will prescribe events when pay retention will apply and circumstances resulting in termination of pay retention. Exit Pay and Pay Setting Pay Miscellaneous Acronym List upon Reduction Pay Admin Definitions in Band. P.1 Administration
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Miscellaneous Pay Administration Classification (9901.356) Pay and Pay Except for employees with an unacceptable rating, employee Administration salaries cannot be less than the minimum rate of the assigned pay Performance band. Except for instances of pay retention, employee salaries Management cannot exceed the maximum rate of the assigned pay band. Staffing and The Secretary will follow applicable pay period and pay rate Employment computation rules in sections 5504 and 5505 of title 5 U.S.C. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Pay and Pay Premium Pay– Acronym List Pay Retention Admin Definitions General
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Premium Pay—General Classification (9901.361) Pay and Pay These regulations enable the Secretary to establish rules that Administration change premium pay (for example, overtime rates; compensatory Performance time off; Sunday, holiday, standby, irregular, and hazardous duty Management pay). The changes will be detailed in implementing issuances. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Miscellaneous Conversion Pay and Pay Pay Principles— Admin Definitions Acronym List Administration General
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Conversion Principles—General Classification (9901.371) Pay and Pay Implementing issuances will prescribe policies and procedures for Administration converting employees to NSPS. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Pay and Pay Premium Pay— Creating Initial Admin Definitions Acronym List General Pay Ranges
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Creating Initial Pay Ranges Classification (9901.372) Pay and Pay DoD will set the initial band rate ranges for the NSPS pay system. Administration The initial rate ranges may link directly to title 5 pay systems. Performance NSPS will also account for locality payments by incorporating the Management local market supplement (see 9901.332). Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Conversion Converting Pay and Pay Principles— Employees to Admin Definitions Acronym List the NSPS Pay General System
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Pay and Pay Administration Menu General Provisions Conversion of Employees to the NSPS Pay System Classification (9901.373) Pay and Pay No reduction in an employee’s basic pay rate (including locality Administration pay) will occur as a result of NSPS conversion. Performance Employees receiving special rates under current law will be Management converted to an equal rate of pay consisting of basic pay and a Staffing and local market supplement. This is not considered an adverse action Employment (based on a reduction in basic pay, as the total rate of pay will not change). Workforce Shaping Employees temporarily promoted before the conversion will return Adverse Actions to their official position prior to the change. Temporary promotions made after the conversion are subject to the new NSPS system. Appeals The Secretary may make one-time pay adjustments for employees Labor-Management upon their conversion to NSPS, called a WGI (Within-Grade- Relations Increase) buy-in. The implementing issuances will describe the Exit aspects of the WGI buy-in. Pay and Pay Creating Initial Knowledge Admin Definitions Acronym List Pay Ranges Checks
    • Fundamentals of NSPS Pay and Pay Administration—Knowledge Check 1 Click the appropriate answer. If a maximum of a rate range is increased, then the minimum of the rate range must increase the same amount. a) True b) False Converting Employees to Knowledge the NSPS Pay Check 2 System
    • Fundamentals of NSPS Pay and Pay Administration—Knowledge Check 2 Click the appropriate answer. Employees who are performing at an unacceptable level will not be eligible for local market supplement adjustments. a) True b) False Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Pay and Pay Administration—Knowledge Check 3 Click the appropriate answer. NSPS emphasizes that pay raises and bonuses should be awarded to employees based on all of the following criteria except: a) Individual performance. b) Contribution to the DoD mission. c) Length of service. d) Organizational performance. Knowledge Knowledge Check 2 Check 4
    • Fundamentals of NSPS Pay and Pay Administration—Knowledge Check 4 Click the appropriate answer. An employee will not lose pay as a result of the conversion to NSPS. a) True b) False Knowledge Back to Main Check 3 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Performance Management Classification The final regulations contain the following sections. Select one for more information. Pay and Pay Administration • Purpose • Coverage Performance Management • Waivers • Performance Management System Requirements Staffing and • Setting and Communicating Performance Expectations Employment • Monitoring Performance and Providing Feedback Workforce Shaping • Developing Performance and Addressing Poor Performance Adverse Actions • Rating and Rewarding Performance Appeals Labor-Management Relations Exit Performance Management Acronym List Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Purpose Classification (9901.401) Pay and Pay The NSPS performance management system will promote a high Administration performance culture in DoD. It will include the following elements: Performance Management • Adherence to merit principles • Fair, credible, and transparent appraisal system Staffing and • Link between performance management system and DoD’s strategic Employment plan Workforce Shaping • Means for ensuring employee involvement in the design and implementation of the system Adverse Actions • Adequate training for supervisors, managers, and employees Appeals • Process for ongoing performance feedback and dialogue among employees, supervisors, and managers throughout the appraisal cycle Labor-Management • Safeguards to ensure that the system is fair and equitable Relations • Pay-for-performance creates a stronger link between individual pay Exit and performance. Performance Performance Management Acronym List Management Coverage Definitions Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Coverage Classification (9901.402) Pay and Pay The NSPS performance management system covers: Administration • Employees and positions who would otherwise be covered by Performance chapter 43 of title 5. Management • Employees and positions who were excluded from chapter 43 Staffing and by OPM prior to the date of coverage of these regulations. Employment • Others designated by the Secretary. Workforce Shaping This part of the NSPS regulations does not apply to employees Adverse Actions who have not been, or are expected to be, employed in an NSPS Appeals position for less than a minimum period during a single 12-month period. Labor-Management The regulations also (include a provision to) allow the Secretary to Relations exercise other, non-title 5 authorities to provide coverage under this Exit system. Performance Management Acronym List Purpose Waivers Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Waivers Classification (9901.403) Pay and Pay The provisions under chapter 43 of title 5 U.S.C. are waived for Administration employees covered by the NSPS performance management Performance system. Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Performance Performance Management Acronym List Coverage System Definitions Requirements
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Performance Management System Requirements Classification (continued) (9901.405) Pay and Pay Administration Under this system, managers will be responsible for: Performance Management • Clearly communicating performance expectations and holding employees accountable. Staffing and • Making meaningful distinctions among employees based on Employment performance and contribution. Workforce Shaping • Fostering and rewarding excellent performance. Adverse Actions • Addressing poor performance. • Ensuring that employees are assigned a rating of record when Appeals required by implementing issuances. Labor-Management Relations Exit Setting & Performance Performance System Communicating Management Acronym List Requirements, Performance Definitions P.1 Expectations
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Setting and Communicating Performance Expectations Classification (9901.406) Pay and Pay As part of NSPS, supervisors will involve employees in Administration expectation development to the maximum extent practicable. This involvement will help employees understand the goals of the Performance organization and the actions and tasks required to achieve those Management goals. Final decisions regarding performance expectations are Staffing and within the sole discretion of the supervisor. Employment Performance expectations will support and align with the DoD mission and its strategic goals. Workforce Shaping Performance expectations can take the form of: Adverse Actions • Goals or objectives. Appeals • Organizational, occupational, or other work requirements. Labor-Management • Competencies an employee is expected to demonstrate on the job or Relations the contributions an employee is expected to make. (continued) Exit Setting & Performance Communicating Performance System Performance Management Acronym List Requirements, Expectations, Definitions P.2 P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Setting and Communicating Performance Expectations Classification (continued) (9901.406) Pay and Pay Administration Supervisors will communicate expectations to employees in writing prior to holding employees accountable for those expectations. Performance Management Communicated performance expectations may be amplified through particular work assignments or other instructions. These Staffing and may specify the quality, quantity, accuracy, timeliness, or other Employment expected characteristics of the completed assignment. Such Workforce Shaping assignments and instructions need not be written. Adverse Actions For supervisors and managers, performance expectations will include assessments and measurements of how well they plan, Appeals monitor, develop, correct, and assess subordinate employees’ Labor-Management performance. Relations Exit Setting & Setting & Communicating Communicating Performance Performance Performance Management Acronym List Expectations, Expectations, Definitions P.1 P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Setting and Communicating Performance Expectations Classification (continued) (9901.406) Pay and Pay Administration The regulations provide for consideration of employee behavior as a performance factor, element, or objective, such as Performance Management “teamwork/cooperation.” Under this system, managers will be responsible for clearly setting behavioral expectations throughout Staffing and the performance period. Employment Employees at all levels will be responsible for adhering to these Workforce Shaping behavioral expectations, and as always, are accountable for Adverse Actions demonstrating professionalism and standards of appropriate conduct and behavior. Appeals Labor-Management Relations Exit Setting & Communicating Monitoring Performance Performance Performance & Management Acronym List Expectations, Providing Definitions P.2 Feedback
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Monitoring Performance and Providing Feedback Classification (9901.407) Pay and Pay Administration In applying the new performance system and implementing issuances, supervisors will be responsible for: Performance Management • Monitoring the performance of employees and their contributions to the organization. Staffing and Employment • Providing ongoing (that is regular and timely) feedback to employees about their performance with respect to Workforce Shaping supervisors’ expectations. One or more interim performance Adverse Actions review(s) will occur during each appraisal period. Appeals Labor-Management Relations Exit Setting & Developing Communicating Performance & Performance Performance Addressing Management Acronym List Expectations, Poor Definitions P.3 Performance
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Developing Performance and Addressing Classification Poor Performance (9901.408) Pay and Pay Administration Implementing issuances will prescribe procedures that supervisors Performance will use to develop performance and to address poor performance. Management If at any time a supervisor determines an employee’s performance Staffing and is unacceptable, the supervisor will consider a range of options Employment available to address the performance deficiency (such as remedial training, a reassignment, an oral warning, or an adverse action) Workforce Shaping and take appropriate action to address the deficiency. Adverse Actions Employees may seek review of adverse actions based on Appeals unacceptable performance through grievance or appeal Labor-Management procedures, as appropriate. Relations Exit Monitoring Rating & Performance Performance & Rewarding Management Acronym List Providing Performance, Definitions Feedback Part 1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Rating and Rewarding Performance Classification (9901.409) Pay and Pay The NSPS performance management system, as established in Administration implementing issuances, will include a multi-level rating system. Performance Management Under NSPS, DoD will use performance ratings to determine performance payouts, reduction in force (RIF) retention standing, Staffing and and other appropriate actions. Employment Ratings will be considered final and official when issued to the Workforce Shaping employee with all appropriate signatures and reviews. Rating Adverse Actions officials will communicate the rating and number of shares earned Appeals to the employee prior to the payout. (continued) Labor-Management Relations Developing Exit Performance & Rating & Performance Addressing Rewarding Management Poor Performance, Acronym List Performance Part 2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Performance Management Menu General Provisions Rating and Rewarding Performance (continued) Classification (9901.409) Pay and Pay Employees will be able to challenge rating determinations through Administration an administrative reconsideration or negotiated grievance process Performance (to be specified in implementing issuances). Individuals reviewing Management ratings under negotiated grievance procedures may not: Staffing and • Conduct independent evaluations of the employee’s Employment performance. Workforce Shaping • Determine the appropriate share payout. • Substitute their judgment for that of the rating official. Adverse Actions Appeals Payout or share determinations are not subject to the reconsideration or grievance processes. Labor-Management Relations Exit Rating & Performance Rewarding Knowledge Management Acronym List Performance, Checks Part 1 Definitions
    • Fundamentals of NSPS Performance Management—Knowledge Check 1 Click the appropriate answer. Under the new performance management system, which of the following are managers NOT responsible for? a) Clearly communicating performance expectations and holding employees accountable b) Making meaningful distinctions among employees based on performance and contribution c) Fostering and rewarding excellent performance d) Creating their own methods of rating Rating & Knowledge Rewarding Check 2 Performance
    • Fundamentals of NSPS Performance Management—Knowledge Check 2 Who is responsible for setting performance objectives? a) Employees b) Managers and supervisors c) Pay pool managers d) A & B e) B & C Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Performance Management—Knowledge Check 3 Click the appropriate answer. In the new system, managers and supervisors will be expected to provide feedback and open dialogue through periodic formal and informal appraisals. a) True b) False Knowledge Knowledge Check 2 Check 4
    • Fundamentals of NSPS Performance Management—Knowledge Check 4 Click the appropriate answer. A contribution is: a) A work product, service, output, or result provided or produced by an employee or group of employees that supports the organizational mission, goals, or objectives. b) Accomplishment of work assignments or responsibilities and contribution to achieving organizational goals. c) A document issued by the Secretary, Deputy Secretary, Principal Staff Assistants, or Secretaries of the Military Departments to carry out a policy or procedure of the Department or Military Department. d) The measurable or observable knowledge, skill, ability, behavior, or other characteristic that an individual needs to perform a particular job function successfully. Knowledge Back to Main Check 3 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Staffing and Employment Classification The final regulations contain the following sections. Select one for more information. Pay and Pay Administration • Purpose • Scope of Authority Performance Management • Coverage • Appointing Authorities Staffing and • Probationary Periods Employment • Qualification Standards Workforce Shaping • Non-Citizen Hiring Adverse Actions • Competitive Examining Procedures • Internal Placement Appeals Labor-Management Relations Exit Staffing and Employment Acronym List Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Purpose Classification (9901.501) Pay and Pay The staffing and employment sections of the regulations provide Administration the framework for: Performance Management • Establishing qualification requirements. • Recruitment for, and appointment to, positions. Staffing and • Assignment, reassignment, detail, transfer, or promotion of Employment employees, consistent with merit principles and veterans’ Workforce Shaping preference. Adverse Actions These sections preserve merit principles and veterans’ Appeals preference. Labor-Management Relations Exit Staffing and Staffing & Scope of Employment Acronym List Employment Authority Definitions Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Scope of Authority Classification (9901.502) Pay and Pay The staffing and employment sections of the regulations modify or Administration replace certain sections of title 5 for specified categories of Performance employees, applicants, and positions. Implementing issuances will Management provide guidance for carrying out the provisions in these Staffing and regulations. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Staffing and Employment Purpose Coverage Acronym List Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Coverage Classification (9901.503) Pay and Pay Subject to a determination by the Secretary, the following Administration employees and positions in DoD organizational and functional Performance units are eligible for coverage under the staffing and employment Management sections of the NSPS regulations: Staffing and Employees and positions who would otherwise be covered by 5 Employment U.S.C chapters 31 and 33 (excluding SES). Workforce Shaping Such others, designated by the Secretary, as DoD may be Adverse Actions authorized to include under 5 U.S.C 9902. Appeals Labor-Management Relations Exit Staffing and Appointing Employment Acronym List Scope of Authority Authorities, Definitions P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Appointing Authorities Classification (9901.511) Pay and Pay Competitive and Excepted Appointing Authorities—The Secretary Administration may continue use of existing appointing authorities established by Performance OPM. Management Additional NSPS Appointing Authorities—The Secretary and the Staffing and Director may jointly establish new excepted or competitive Employment appointing authorities, which include noncompetitive appointments Workforce Shaping and excepted appointments that may lead to a subsequent Adverse Actions noncompetitive appointment to the competitive service. A Federal Register public notice and comment period will precede the Appeals establishment of such appointing authorities unless the Secretary Labor-Management determines that a critical mission requirement exists. Relations (continued) Exit Staffing and Appointing Employment Acronym List Coverage Authorities, Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Appointing Authorities (continued) Classification (9901.511) Pay and Pay Severe Shortage/Critical Need Hiring Authority—The Secretary Administration may exercise direct hire authority when he or she determines that Performance there is a severe shortage of candidates or a critical hiring need Management exists. Staffing and Time-Limited Appointing Authorities—The Secretary, in Employment coordination with OPM, may prescribe the duration, advertising Workforce Shaping requirements, examining procedures, and appropriate uses of Adverse Actions time-limited appointments. Such procedures will preclude the use of employees on term appointments in positions that should be Appeals filled on a permanent basis. Labor-Management (continued) Relations Exit Staffing and Appointing Appointing Employment Acronym List Authorities, Authorities, Definitions P.1 P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Appointing Authorities (continued) Classification (9901.511) Pay and Pay The Secretary will prescribe implementing issuances establishing Administration procedures under which a time-limited employee serving in a Performance competitive service position may be converted without further Management competition to a competitive position in the career service, provided certain conditions are met. Implementing issuances will Staffing and Employment provide additional guidance and parameters to ensure that these authorities are utilized for specified purposes in accordance with Workforce Shaping merit system principles and the principles of veterans’ preference. Adverse Actions Term employment will not be used for positions that should be filled on a permanent basis; however, term appointments may be Appeals used to accomplish permanent work in circumstances where the Labor-Management position cannot be filled permanently (for example, the incumbent Relations will be out of the position for a significant period of time, but is expected to return). Exit Staffing and Appointing Probationary Employment Acronym List Authorities, Periods Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Probationary Periods Classification (9901.512) Pay and Pay The Secretary may establish initial probationary periods of at least Administration one year, but no more than three years, and prescribe the Performance conditions for such periods. Initial probationary periods longer than Management one year will be established by the Secretary. These probationary Staffing and periods will be applied to categories of positions or types of work Employment that require a longer time period to evaluate the employee’s ability Workforce Shaping to perform the work. Adverse Actions (continued) Appeals Labor-Management Relations Exit Staffing and Appointing Probationary Employment Acronym List Authorities, Periods, P.2 Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Probationary Periods (continued) Classification (9901.512) Pay and Pay Preference eligibles who complete one year of their probationary Administration period will be covered by the adverse actions and appeals Performance procedures in these regulations. Management The Secretary may establish in-service probationary periods and Staffing and prescribe conditions for such periods. An employee who fails to Employment complete an in-service probationary period (for example, a Workforce Shaping supervisory probationary period) will be returned to a grade or Adverse Actions band no lower than that held before the probationary period and will have his or her pay set in accordance with reassignment or Appeals reduction in band procedures. Labor-Management Relations Exit Staffing and Probationary Qualification Employment Acronym List Periods, P.1 Standards Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Qualification Standards Classification (9901.513) Pay and Pay The Secretary may, at his or her discretion, establish qualification Administration standards for NSPS positions (to supplement or replace the OPM Performance qualification standards). The Secretary may continue to use OPM Management qualification standards. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Staffing and Probationary Non-Citizen Employment Acronym List Periods, P.2 Hiring Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Non-Citizen Hiring Classification (9901.514) Pay and Pay Procedures for hiring non-citizens into the excepted service (when Administration qualified U.S. citizens are not available) may be prescribed by the Performance Secretary, in accordance with applicable immigration laws and Management security requirements. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Staffing and Competitive Qualification Employment Acronym List Examining Standards Definitions Procedures
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Competitive Examining Procedures Classification (9901.515) Pay and Pay In recruiting applicants from outside the civil service for Administration competitive appointments to competitive service positions, the Performance Secretary will provide public notice for all vacancies in the career Management service and accept applications from all U.S. citizens; however, Staffing and applicants from the local commuting area and other targeted Employment recruitment sources specified in the vacancy announcement may Workforce Shaping receive first consideration. Adverse Actions The Secretary may establish examining procedures for entry into NSPS positions. These procedures will be in accordance with Appeals merit system principles and veterans’ preference requirements. Labor-Management Relations Exit Staffing and Internal Employment Non-Citizen Hiring Acronym List Placement Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Staffing and Employment Menu General Provisions Internal Placement Classification (9901.516) Pay and Pay The Secretary may prescribe methods for assigning, reassigning, Administration detailing, transferring, and promoting employees into or within Performance NSPS, using competitive procedures and/or non-competitive Management procedures (with appropriate exceptions), for permanent or time- Staffing and limited actions. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Staffing and Competitive Knowledge Employment Acronym List Examining Checks Definitions Procedures
    • Fundamentals of NSPS Staffing and Employment—Knowledge Check 1 Click the appropriate answer. The NSPS regulations do not affect which of the following staffing and employment aspects? a) Employee recruitment b) Employee retention c) Veterans’ preference d) Qualification requirements Internal Knowledge Placement Check 2
    • Fundamentals of NSPS Staffing and Employment—Knowledge Check 2 Click the appropriate answer. OPM appointing authorities will not be retained in the new system. a) True b) False Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Staffing and Employment—Knowledge Check 3 Click the appropriate answer. The NSPS competitive examining procedures state all of the following except: a) DoD will provide public notice for all vacancies. b) DoD will accept applications from all U.S. citizens. c) Local applicants will always be considered simultaneously with applicants from farther away. d) DoD may establish new competitive examining procedures under NSPS. Knowledge Back to Main Check 2 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Workforce Shaping Classification The final regulations contain the following sections. Select one for more information. Pay and Pay Administration • Purpose and Applicability • Scope of Authority Performance Management • Coverage • Competitive Area Staffing and • Competitive Group Employment • Retention Standing Workforce Shaping • Displacement, Release, and Position Offers Adverse Actions • Reduction in Force Notices • Voluntary Separation Appeals • Reduction in Force Appeals Labor-Management Relations Exit Workforce Shaping Acronym List Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Purpose and Applicability Classification (9901.601) Pay and Pay These sections establish DoD procedures when reducing Administration overall agency’s staff and pay band levels when realigning, Performance reorganizing, and reshaping the Department’s workforce as Management the result of organizational decisions. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Workforce Workforce Scope of Shaping Acronym List Shaping Menu Authority Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Scope of Authority Classification (9901.602) Pay and Pay For covered employees, the workforce shaping sections of the Administration regulations modify and replace the provisions of 5 U.S.C Performance 3501, 3502, and 3503 (except with respect to veterans’ Management preference). Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Workforce Purpose & Shaping Acronym List Coverage Applicability Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Coverage Classification (9901.604) Pay and Pay The workforce shaping sections of the regulations cover Administration employees and positions who would otherwise be covered by Performance 5 U.S.C chapter 35 and others designated by the Secretary Management as authorized for DoD. They do not cover SES members and Staffing and employees excluded from coverage by other statutory Employment authority. The Secretary may designate others for coverage through implementing issuances. Workforce Shaping The following actions are covered: Adverse Actions • Reduction in force Appeals • Transfer of function Labor-Management • Furlough Relations Exit Workforce Scope of Competitive Shaping Acronym List Authority Area Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Competitive Area Classification (9901.605) Pay and Pay NSPS authorizes a competitive area on the basis of one or Administration more of the following considerations: geographical locations, Performance lines of business, product lines, organizational units, and Management funding lines. Staffing and Competitive areas will be established for a minimum of 90 Employment days before the effective date of a RIF; however, the Workforce Shaping Secretary will establish in implementing issuances the approval procedure requirements for any competitive area Adverse Actions identified less than 90 days before the effective date of a RIF. Appeals (continued) Labor-Management Relations Exit Workforce Competitive Shaping Acronym List Coverage Area, P.2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Competitive Area (continued) Classification (9901.605) Pay and Pay The Secretary may establish a competitive area only on the Administration basis of legitimate organizational reasons, not as a pretext for Performance targeting an individual employee for release on the basis of Management non-merit factors. Staffing and The establishment of a competitive area is not subject to Employment collective bargaining. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Workforce Competitive Competitive Shaping Acronym List Area, P.1 Group Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Competitive Group Classification (9901.606) Pay and Pay As part of NSPS, DoD must establish separate competitive Administration groups for employees in the excepted and the competitive Performance service, under different excepted service appointment Management authorities, and with different work schedules. Staffing and DoD may further define competitive groups on the basis of Employment one or more of the following other considerations: career Workforce Shaping group, pay schedule, occupational series or specialty, pay band and trainee status. Adverse Actions The establishment of a competitive group is not subject to Appeals collective bargaining. Labor-Management Relations Exit Workforce Competitive Retention Shaping Acronym List Area, P.2 Standing Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Retention Standing Classification (9901.607) Pay and Pay DoD’s retention lists will be in descending order based on the Administration following criteria: Performance 1. Career employees will be listed first, followed by employees serving Management an initial probationary period, followed by employees on term appointments, and other employees as identified in implementing Staffing and issuances. Employment 2. Veterans’ preference: Employees will be listed in accordance with Workforce Shaping the preference requirements in §§ 5 CFR 351.501(c) and (d) of preference restrictions found in 5 U.S.C. 3501(a) Adverse Actions 3. The ratings of record : Employees will be ordered from highest rating Appeals to lowest rating as determined by implementing issuances. 4. Creditable civilian and uniformed service: Employees will be listed in Labor-Management accordance with 5 U.S.C. 3502(a)(4)(A) and (B) and § 5 CFR Relations 351.503 (excluding § 5 CFR 351.503(c)(3) and (e)) of OPM’s RIF Exit regulations. (continued) Workforce Retention Competitive Shaping Acronym List Standing, Group P.2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Retention Standing (continued) Classification (9901.607) Pay and Pay Names of employees who, on the effective date of the RIF, are Administration on active duty in the armed forces with a restoration right will not Performance appear on the list. Management Employees who receive a reduction in force notice, and their Staffing and respective employee representative(s), will have access to the Employment applicable retention lists. Workforce Shaping The Secretary may establish tiebreaking procedures when two or more employees have the same retention standing. Adverse Actions Appeals Labor-Management Relations Exit Workforce Displacement, Retention Shaping Acronym List Release, & Standing, P.1 Position Offers Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Displacement, Release, and Position Offers Classification (9901.608) Pay and Pay Employees on a retention list who are displaced because of Administration position abolishment, or because of displacement resulting from Performance the abolishment of the position of a higher-standing employee on Management the retention list, may displace a lower-standing employee on the same list if the higher-standing employee is qualified for the Staffing and position, if no undue interruption would result from the Employment displacement, and if the position of the lower-standing employee Workforce Shaping is in the same or lower pay band. Adverse Actions A displaced employee retains his or her status and tenure. (continued) Appeals Labor-Management Relations Exit Displacement, Workforce Retention Release, & Shaping Acronym List Standing, P.2 Position Offers, Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Displacement, Release, and Position Offers (continued) Classification (9901.608) Pay and Pay Administration At his or her option, the Secretary may offer a displaced employee a vacant position within the competitive area in lieu of Performance RIF based on the employee’s relative retention standing (that is, Management the qualified employee with the highest standing is the first Staffing and employee eligible to receive an offer). Employment The Secretary may not release a competing employee from a Workforce Shaping retention list that contains a position held by a temporary employee when the competing employee is qualified to perform in Adverse Actions that position. Appeals Labor-Management Relations Exit Displacement, Reduction Workforce Release, & in Force Shaping Acronym List Position Offers, Notices P.1 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Reduction in Force Notices Classification (9901.609) Pay and Pay The Secretary will provide a specific written notice to each Administration employee reached for a RIF action at least 60 days before the Performance RIF effective date. When a RIF is caused by circumstances not Management reasonably foreseeable, the Secretary may approve a notice period of 30 to 60 days before the effective date of release. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Displacement, Workforce Release, & Voluntary Shaping Acronym List Position Offers, Separation Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Voluntary Separation Classification (9901.610) Pay and Pay The Secretary may authorize voluntary RIF separations even Administration though the employee is not otherwise subject to separation due Performance to RIF. Management For each employee separated by a voluntary RIF action, DoD will Staffing and retain an employee in a similar position who would otherwise be Employment separated due to RIF. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Workforce Reduction in Reduction in Shaping Acronym List Force Force Definitions Notices Appeals
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Workforce Shaping Menu General Provisions Reduction in Force Appeals Classification (9901.611) Pay and Pay An employee who is separated, reduced in band, or furloughed Administration for more than 30 consecutive calendar days (or 22 workdays, if Performance done discontinuously) by a RIF action and who believes the Management retention regulations were not properly applied may appeal to the Merit Systems Protection Board (MSPB). This does not apply to Staffing and actions taken under internal DoD placement programs. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Workforce Voluntary Knowledge Shaping Acronym List Separation Checks Definitions
    • Fundamentals of NSPS Workforce Shaping—Knowledge Check 1 Click the appropriate answer. For RIF actions, the regulations do not: a) Retain existing veterans’ preference protections in RIFs. b) Provide the Department with additional flexibilities to minimize disruption resulting from any RIF actions. c) Set up a framework to determine employees’ retention standing. d) Cover actions involving performance or conduct. Reduction in Knowledge Force Appeals Check 2
    • Fundamentals of NSPS Workforce Shaping—Knowledge Check 2 Click the appropriate answer. Under NSPS, tenure is the most important factor in retention standing. a) True b) False Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Workforce Shaping—Knowledge Check 3 Click the appropriate answer. Employees can appeal RIF actions to OPM. a) True b) False Knowledge Back to Main Check 2 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Adverse Actions Classification The final regulations contain the following sections. Select one for more information. Pay and Pay Administration • Purpose • Waivers Performance Management • Coverage • Standard for Action Staffing and • Mandatory Removal Offenses (MROs) Employment • Procedures Workforce Shaping • Proposal Notice Adverse Actions • Opportunity to Reply • Decision Notice Appeals • Departmental Record Labor-Management • Savings Provision Relations Exit Enjoined in AFGE v. Rumsfeld Adverse Actions Acronym List Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Purpose Classification (9901.701) Pay and Pay The sections on adverse actions in the regulations set down Administration procedures and requirements for employees who are removed, Performance suspended, furloughed for 30 days or less, reduced in pay, or Management reduced in pay band (or comparable reduction). Staffing and (continued) Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Adverse Adverse Actions Purpose, P.2 Actions Acronym List Menu Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Purpose (continued) Classification (9901.701) Pay and Pay These changes are directed at the requirements for addressing Administration and resolving unacceptable performance and misconduct. The Performance changes streamline the rules and procedures for taking adverse Management actions, to better support the mission of the Department while Staffing and ensuring that employees receive due process and fair treatment Employment guaranteed by the law authorizing the establishment of NSPS. Workforce Shaping Under the enabling legislation, DoD may not waive or modify Adverse Actions provisions relating to prohibited personnel practices or merit system principles, including reprisal for whistleblowing or unlawful Appeals discrimination. The regulations therefore do not modify these Labor-Management protections. The regulations ensure employees notice, a right to Relations reply, a final written decision, and a hearing, if appropriate. Exit Adverse Actions Acronym List Purpose, P.1 Waivers Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Waivers Classification (9901.702) Pay and Pay The adverse action sections of NSPS waive and replace certain Administration parts of chapters 43 and 75 of title 5. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Adverse Actions Acronym List Purpose, P.2 Coverage Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Coverage Classification (9901.704) Pay and Pay The adverse action sections cover the following actions against Administration employees: Performance • Removal Management • Suspension Staffing and • Furlough for 30 days or less Employment • Reduction in pay Workforce Shaping • Reduction of pay band (or comparable reduction) Adverse Actions (continued) Appeals Labor-Management Relations Exit Adverse Coverage, Actions Acronym List Waivers P.2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Coverage (continued) Classification (9901.704) Pay and Pay Administration All actions currently excluded from coverage remain excluded. All DoD employees are eligible for coverage, except where Performance Management specifically excluded by law or regulation. Preference eligible employees who are removed after completing Staffing and one year of a probationary period are provided appeal rights. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Adverse Coverage, Standard for Actions Acronym List P.1 Action Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Standard for Action Classification (9901.711) Pay and Pay The Secretary may take adverse actions against an employee only Administration to promote the efficiency of the service. A single system is Performance established for taking adverse actions based on misconduct Management and/or unacceptable performance. Staffing and The regulations eliminate the requirement for a formal, set period Employment for an employee to improve performance before management may Workforce Shaping take an adverse action. Management selects employees for their Adverse Actions positions because the employees are well-qualified. Under the new performance management system, management must Appeals explain to employees what is expected of them when it comes to Labor-Management performance. Relations (continued) Exit Adverse Coverage, Standard for Actions Acronym List P.2 Action, P.2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Standard for Action (continued) Classification (9901.711) Pay and Pay If an employee fails to perform at an acceptable level, Administration management may use a variety of measures, including training, Performance regular feedback, counseling, and at management’s discretion, an Management improvement period, to address and resolve performance Staffing and deficiencies. Employment If an employee is still unable or unwilling to perform as expected, it Workforce Shaping is reasonable for management to take an action against the Adverse Actions employee. Appeals Labor-Management Relations Exit Adverse Mandatory Standard for Actions Acronym List Removal Action, P.1 Offenses Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Mandatory Removal Offenses (MROs) Classification (9901.712) Pay and Pay The Secretary may identify offenses that have a direct and Administration substantial adverse impact on DoD’s national security mission, Performance and warrant mandatory removal. A proposed notice of mandatory Management removal may be issued only after approval by the Secretary. Only Staffing and the Secretary can mitigate this mandatory removal penalty within Employment DoD. Workforce Shaping DoD will publish an MRO listing in the Federal Register in order to Adverse Actions inform all employees which offenses have been designated as MROs prior to their adoption and changes will be made known to Appeals employees on a periodic basis, as appropriate. Labor-Management Nothing prohibits the Secretary from removing employees for Relations offenses other than those identified as MROs. Exit Adverse Standard for Actions Acronym List Procedures Action, P.2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Procedures Classification (9901.713) Pay and Pay Employees are entitled to an advance written notice of a proposed Administration adverse action, an opportunity to reply, and a decision notice. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Adverse Mandatory Proposal Actions Acronym List Removal Notice Offenses Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Proposal Notice Classification (9901.714) Pay and Pay The employee will receive a minimum 15 days’ advance notice of Administration proposed action (a minimum 5 days when there is reasonable Performance cause to believe the employee has committed a crime for which a Management sentence of imprisonment may be imposed). Staffing and No notice is necessary for furlough of 30 days or less without pay Employment due to unforeseen circumstances, such as: Workforce Shaping • sudden breakdowns in equipment. Adverse Actions • acts of God. Appeals • sudden emergencies requiring immediate curtailment of Labor-Management activities. Relations (continued) Exit Adverse Proposal Notice, Actions Acronym List Procedures P.2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Proposal Notice (continued) Classification (9901.714) Pay and Pay An employee will remain in a duty status in his or her regular Administration position during the notice period. However, management may allow the employee to take leave, or place the employee in a paid, Performance non-duty status, or other appropriate leave status (annual leave, Management sick leave, leave without pay (LWOP), or AWOL if the employee is Staffing and absent from the worksite without approved leave) if the Employment employee’s presence in the workplace: Workforce Shaping • Poses a threat to the health or safety of the employee or others. Adverse Actions • Results in loss of or damage to Government property. • Adversely affects DoD’s mission. Appeals Management may also assign the employee other duties during Labor-Management the proposal and reply periods, if the employee is no longer a Relations threat to health or safety of others, the mission, or Government Exit property. Adverse Proposal Notice, Opportunity to Actions Acronym List P.1 Reply Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Opportunity to Reply Classification (9901.715) Pay and Pay Employees will have a minimum of 10 days to reply (concurrent Administration with the 15-day notice period), either orally and/or in writing. If Performance there is reason to believe the employee committed a crime that Management may require imprisonment, the reply period may be reduced to a Staffing and minimum 5 days which runs concurrently with the notice period. Employment No opportunity to reply is necessary for furlough without pay due Workforce Shaping to unforeseen circumstances, such as sudden breakdowns in equipment, acts of God, or sudden emergencies requiring Adverse Actions immediate curtailment of activities. Appeals An oral reply does not include the right to a formal hearing with Labor-Management witness examination. Relations (continued) Exit Adverse Proposal Opportunity to Actions Acronym List Notice, P.2 Reply, P.2 Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Opportunity to Reply (continued) Classification (9901.715) Pay and Pay During the opportunity to reply, the employee will be provided a Administration reasonable amount of official time to review evidence and furnish Performance affidavits. Management An official will be designated to receive the employee’s response. Staffing and Employment The employee may be represented by an attorney, non-Federal employee representative at the employee’s expense, or other Workforce Shaping representative of the employee’s choice. Adverse Actions An employee’s representative may be disallowed under certain Appeals circumstances. Labor-Management Relations Exit Adverse Opportunity Decision Actions Acronym List to Reply, P.1 Notice Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Decision Notice Classification (9901.716) Pay and Pay Management will provide the decision notice on the proposed Administration action in writing to the employee, stating the reasons for the Performance decision and providing appeal or grievance rights. Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Adverse Opportunity to Departmental Actions Acronym List Reply Record Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Departmental Record Classification (9901.717) Pay and Pay The official record will be kept by the Department and made Administration available for review by the employee or Merit Systems Protection Performance Board (MSPB) upon request. The record will include the proposal Management notice, employee’s written response, summary of employee’s oral Staffing and response, decision notice, and any supporting material. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Adverse Decision Savings Actions Acronym List Notice Provision Definitions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Adverse Actions Menu General Provisions Savings Provision Classification (9901.721) Pay and Pay The rules do not apply to adverse actions proposed prior to the Administration date that the employee becomes covered by these provisions. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Adverse Departmental Knowledge Actions Acronym List Record Checks Definitions
    • Fundamentals of NSPS Adverse Actions—Knowledge Check 1 Click the appropriate answer. All of the following actions are considered adverse actions except: a) Suspension. b) Furlough for 30 days or less. c) Reduction in force (RIF). d) Reduction in pay. Savings Knowledge Provision Check 2
    • Fundamentals of NSPS Adverse Actions—Knowledge Check 2 Click the appropriate answer. Under NSPS, when an adverse action is proposed, an employee is entitled to receive a proposal notice, an opportunity to reply, and a decision notice. a) True b) False Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Adverse Actions—Knowledge Check 3 The NSPS regulations require all of the following except: a) A minimum 15-day proposal notice period for adverse actions. b) A minimum 10-day period for employees to reply. c) A formal period where employees can improve their performance before action is taken. d) A minimum 5-day period for employees to reply when dealing with a crime that may require imprisonment. Knowledge Knowledge Check 2 Check 4
    • Fundamentals of NSPS Adverse Actions—Knowledge Check 4 A Mandatory Removal Offense (MRO) is: a) A suspension, furlough for 30 days or less, reduction in pay, or reduction in pay band (or comparable reduction). b) An offense that the Secretary determines in his or her sole, exclusive, and unreviewable discretion has a direct and substantial adverse impact on the Department’s national security mission. c) A corrective action that may not be appealed to the Merit Systems Protection Board (MSPB). d) The period of time, as designated by the Secretary, during which an authorized management official determines whether the employee fulfills the requirements of the assigned position. Knowledge Back to Main Check 3 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Appeals Classification The final regulations contain the following sections. Select one for more information. Pay and Pay Administration • Purpose • Applicable Legal Standards and Precedents Performance Management • Waivers • Coverage Staffing and • Alternative Dispute Resolution (ADR) Employment • Appellate Procedures Workforce Shaping • Appeals of Mandatory Removal Actions Adverse Actions • Actions Involving Discrimination • Savings Provision Appeals Labor-Management Relations Exit Enjoined in AFGE v. Rumsfeld Appeals Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Purpose Classification (9901.801) Pay and Pay The appeals sections of the regulations establish the process by Administration which employees may appeal adverse actions and implement the Performance provision in the NSPS law allowing DoD to establish an internal Management appeals process. Staffing and The sections also modify the current process for appealing to Employment MSPB, but retain MSPB administrative judges as the initial Workforce Shaping adjudicators of employee appeals to adverse actions. Adverse Actions These regulations are intended to ensure appropriate deference to Appeals the adverse actions taken by DoD and to streamline the way MSPB cases are handled while continuing to preserve and Labor-Management safeguard employee due-process protections. Relations Exit Applicable Legal Appeals Appeals Menu Standards & Definitions Acronym List Precedents
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Applicable Legal Standards and Precedents Classification (9901.802) Pay and Pay In applying existing legal standards and precedents, MSPB and Administration arbitrators, when applicable, are bound by these regulations to Performance recognize the Department’s critical mission and the need to Management promote the swift, flexible, and effective day-to-day Staffing and accomplishment of that mission. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Appeals Purpose Waivers Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Waivers Classification (9901.803) Pay and Pay For applicable employees, the appeals sections of NSPS waive Administration certain provisions in chapter 77 of title 5. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Applicable Legal Appeals Standards & Coverage Definitions Acronym List Precedents
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Coverage Classification (9901.805) Pay and Pay These provisions cover employees under the NSPS HR system. Administration Appeals procedures apply to employees who appeal removal, Performance suspension for more than 14 days (including indefinite Management suspensions), furloughs of 30 days or less, reductions in pay, or Staffing and reductions in pay band (or comparable reduction) which are Employment adverse actions. Workforce Shaping Competitive Service employees who are removed during a probationary period are provided the appeal rights found in 5 Adverse Actions CFR 315.806. Appeals The appeals rules in the NSPS regulations do not apply to RIF actions or actions taken under internal DoD placement Labor-Management Relations programs, including the DoD Priority Placement Program. (continued) Exit Appeals Waivers Coverage, P.2 Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Coverage (continued) Classification (9901.805) Pay and Pay Suspensions of 14 days or less and other lesser disciplinary Administration actions are not covered, however, they may be grieved through a Performance negotiated grievance procedure or an administrative grievance Management procedure. Staffing and Unless stated expressly in the regulations, pay administrative Employment actions cannot be appealed to MSPB. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Alternative Appeals Coverage, P.1 Dispute Definitions Acronym List Resolution
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Alternative Dispute Resolution (ADR) Classification (9901.806) Pay and Pay ADR can be an effective tool in resolving employee-employer Administration disputes without using formal adverse action and appeal Performance procedures. The use of ADR is encouraged, but not mandated. Management These methods may be subject to collective bargaining. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Appeals Appellate Acronym List Coverage, P.2 Definitions Procedures
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures Classification (9901.807) Pay and Pay This section establishes streamlined appellate procedures and Administration provides for such things as Department review of initial decisions Performance upon request, limited discovery, summary judgment, and Management expedited timeframes. Staffing and • The employee has a right to be represented by an attorney, or Employment other representative. Workforce Shaping • Employee appeals will be assigned to an MSPB AJ, who will apply DoD rules in processing and deciding the case. Appeals Adverse Actions must be filed within 20 days of the effective date of the action. Appeals • Employees will not be granted interim relief, nor will an action Labor-Management taken against an employee be stayed, unless the full MSPB so Relations orders following a final decision by the Department. Exit (continued) Alternative Appellate Appeals Acronym List Dispute Procedures, Definitions Resolution P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures (continued) Classification (9901.807) Pay and Pay • An AJ cannot require any party to engage in settlement Administration discussions. Any settlement discussions will not be conducted Performance by the presiding AJ (another official will be assigned). Management Alternatively, the parties may decide to engage in settlement Staffing and discussions on their own. Employment • Parties may seek to limit discovery and will be limited to one set Workforce Shaping of interrogatories, one set of requests for productions, and one Adverse Actions set of requests for admissions. Parties may only compel two depositions. Appeals (continued) Labor-Management Relations Exit Appellate Appellate Appeals Procedures, Procedures, Definitions Acronym List P.1 P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures (continued) Classification (9901.807) Pay and Pay • In cases where material facts are not in dispute, the AJ may limit Administration the scope of a hearing or issue a decision without holding a Performance hearing (summary judgment) upon his or her own initiative or Management based on a request by either party. Staffing and • The agency’s action may not be reversed based on the way the Employment charge is labeled or conduct is characterized, provided the Workforce Shaping employee is on notice sufficient to respond to the charge. Adverse Actions • The agency’s performance-based action may not be reversed based on the way the performance expectation is expressed, Appeals provided the expectations would be clear to a reasonable Labor-Management person. Relations (continued) Exit Appellate Appellate Appeals Procedures, Procedures, Definitions Acronym List P.2 P.4
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures (continued) Classification (9901.807) Pay and Pay • The AJ must sustain the action if it is supported by a Administration preponderance of the evidence, unless the employee shows (by Performance a preponderance of the evidence) that there was harmful error Management in applying procedures, the decision was based on a prohibited Staffing and personnel practice, or the decision was not in accordance with Employment law. Workforce Shaping • An arbitrator or an AJ may only mitigate or modify penalties if Adverse Actions there is a finding that the penalty imposed by DoD is totally unwarranted in light of all pertinent circumstances. When a Appeals penalty is mitigated, the maximum justifiable penalty must be Labor-Management applied by the arbitrator or the AJ. Relations (continued) Exit Appellate Appellate Appeals Procedures, Procedures, Definitions Acronym List P.3 P.5
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures (continued) Classification (9901.807) Pay and Pay • The AJ must issue an initial decision on appeals within 90 days Administration after filing. Performance • In order to expedite the appeals process, and if the AJ feels that Management no party is adversely affected, the AJ may consolidate appeals Staffing and by two or more appellants. Employment • Either party may file a motion to disqualify a party’s Workforce Shaping representative at any time during the proceedings. Adverse Actions • Either party may request a review of the initial AJ decision—a request for review (RFR) sent to both DoD and MSPB, Appeals concurrently. The Department will have the authority to review RFRs and remand, modify or reverse, or affirm an initial AJ Labor-Management Relations decision. The result of a DoD review will be the final agency decision. (continued) Exit Appellate Appellate Appeals Procedures, Procedures, Definitions Acronym List P.4 P.6
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures (continued) Classification (9901.807) Pay and Pay • The Secretary or an employee adversely affected by a final Administration order or decision of MSPB may seek judicial review. Performance Management • The initial AJ decision becomes final 30 days after its issuance, unless either party files an RFR. The initial AJ decision becomes Staffing and the Department’s final decision 30 days after an RFR filing, Employment unless the Department serves notice that it will act on the RFR Workforce Shaping and review the initial AJ decision. In cases where DoD lets Adverse Actions stand an initial AJ decision, that decision becomes the final, non-precedential DoD decision. Where an RFR was filed, that Appeals RFR will become a petition for review (PFR) to the full MSPB, Labor-Management and MSPB will process the PFR. Relations (continued) Exit Appellate Appellate Appeals Procedures, Procedures, Definitions Acronym List P.5 P.7
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures (continued) Classification (9901.807) Pay and Pay • In cases where DoD modifies or reverses an initial AJ decision, Administration the employee may petition the full MSPB for review of that final Performance DoD decision. The full MSPB must act on a PFR within 90 days Management after receipt of a timely response to the PFR. Staffing and • The Director of OPM has the right to intervene in a proceeding if Employment he or she believes that an erroneous decision may have Workforce Shaping government-wide impact. This includes requesting an appeal of Adverse Actions a final agency decision to the full MSPB, requesting reconsideration of a full MSPB decision (after consultation with Appeals the Secretary of DoD), and seeking judicial review. Labor-Management (continued) Relations Exit Appellate Appellate Appeals Procedures, Acronym List Procedures, Definitions P.6 P.8
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appellate Procedures (continued) Classification (9901.807) Pay and Pay • The AJ may require the payment of attorney fees by the Administration Department if the employee is the prevailing party and such Performance payment is warranted in the interest of justice, including any Management case in which the Department engaged in a prohibited Staffing and personnel practice or the Department’s action was clearly Employment without merit. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Appeals of Appellate Appeals Mandatory Acronym List Procedures, Definitions Removal P.7 Actions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Appeals of Mandatory Removal Actions Classification (9901.808) Pay and Pay Appeals of mandatory removal actions will be processed the same Administration as other actions, except that only the Secretary may mitigate the Performance penalty for a sustained offense within the Department of Defense. Management If the MSPB AJ or full MSPB sustains an employee’s appeal Staffing and based on a finding that the employee did not commit an MRO, the Employment Department may propose an adverse action (other than an MRO) Workforce Shaping based in whole or in part on the same or similar evidence. Adverse Actions Appeals Labor-Management Relations Exit Appellate Actions Appeals Procedures, Involving Definitions Acronym List P.8 Discrimination
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Actions Involving Discrimination Classification (9901.809) Pay and Pay The appeals sections do not change existing law for actions Administration involving discrimination. Employees may still obtain an Equal Performance Employment Opportunity Commission (EEOC) review of their Management discrimination claims in actions appealable to the MSPB. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Appeals of Appeals Mandatory Savings Definitions Acronym List Removal Provision Actions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Appeals Menu General Provisions Savings Provision Classification (9901.810) Pay and Pay These rules do not apply to adverse actions proposed prior to the Administration date of an employee’s coverage under these provisions. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Actions Appeals Knowledge Acronym List Involving Definitions Checks Discrimination
    • Fundamentals of NSPS Appeals—Knowledge Check 1 Click the appropriate answer. The regulations eliminate the Merit Systems Protection Board (MSPB). a) True b) False Savings Knowledge Provision Check 2
    • Fundamentals of NSPS Appeals—Knowledge Check 2 Click the appropriate answer. Under NSPS, how many days will employees have to appeal an adverse action? a) 20 b) 40 c) 10 d) 30 Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Appeals—Knowledge Check 3 Click the appropriate answer. Only the __________ can mitigate the penalty for a sustained mandatory removal offense (MRO) within the Department of Defense. a) MSPB b) OPM c) Supervisor d) Secretary of Defense Knowledge Knowledge Check 2 Check 4
    • Fundamentals of NSPS Appeals—Knowledge Check 4 Click the appropriate answer. The NSPS appeals procedures affect existing law for actions involving discrimination. a) True b) False Knowledge Back to Main Check 3 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Labor-Management Relations Classification The final regulations contain the following sections. Select one for more information. • Allotments to Representation Pay and Pay • Unfair Labor Practices Administration • Purpose • Duty to Bargain and Consult • Scope of Authority • Multi-unit Bargaining Performance • Coverage • Collective Bargaining Above the Level of Management • Impact on Existing Agreements Recognition • Employee Rights Staffing and • Negotiation Impasses • National Security Labor Relations Board Employment • Standards of Conduct for Labor • Powers and Duties of the Board Organizations • Powers and Duties of the Federal Labor • Grievance Procedures Workforce Shaping Relations Authority (FLRA) • Exceptions to Arbitration Awards • Management Rights Adverse Actions • Official Time • Exclusive Recognition of Labor • Compilation and Publication of Data Appeals Organizations • Regulations of the Board • Determination of Appropriate Units for Labor Organization Representation • Continuation of Existing Laws, Labor-Management Recognitions, Agreements, and Relations • National Consultation Procedures • Representation Rights and Duties • Savings Provisions Exit Enjoined in AFGE v. Rumsfeld Labor-Management Relation Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Purpose Classification (9901.901) Pay and Pay NSPS regulations create the framework for a new Labor Administration Management Relations System (labor relations system), which Performance requires an issue-based, collaborative approach to labor relations Management that recognizes the unique national security mission of the Staffing and Department. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Labor Labor-Management Scope of Acronym List Management Relation Definitions Authority Relations Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Scope of Authority Classification (9901.902) Pay and Pay The NSPS regulations modify chapter 71 of title 5. Administration Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Labor-Management Purpose Coverage Relation Definitions Acronym List
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Coverage Classification (9901.904) Pay and Pay The labor relations sections of the regulations cover all eligible Administration DoD employees, subject to a determination by the Secretary. DoD Performance employees who would otherwise be eligible for bargaining unit Management membership under chapter 71 of title 5, as modified by 9901.912, Staffing and are eligible for bargaining unit coverage under these regulations. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Impact on Labor-Management Scope of Acronym List Existing Relation Definitions Authority Agreements
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Impact on Existing Agreements Classification (9901.905) Pay and Pay The provisions of the NSPS labor relations system may affect Administration existing collective bargaining agreements. Provisions of existing Performance agreements that are inconsistent with the NSPS regulations are Management unenforceable; however, the remainder of the agreement is not Staffing and affected. Employment The parties will have a 60-day period after the effective date of Workforce Shaping coverage to bring into conformance with NSPS those remaining Adverse Actions negotiable collective bargaining agreement provisions directly affected by the provisions rendered unenforceable. During that Appeals period the parties can use the NSPS negotiation impasse rules in Labor-Management attempts to reach agreement. Relations (continued) Exit Impact on Existing Labor-Management Agreements, Acronym List Coverage Relation Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Impact on Existing Agreements (continued) Classification (9901.905) Pay and Pay Any provision of a collective bargaining agreement that is Administration inconsistent with an issuance remains in effect until the expiration, Performance renewal, or extension date of the term of the agreement, Management whichever occurs first. Staffing and The Secretary, at his or her discretion, may continue all or part of Employment a particular provision for a category or categories of employees Workforce Shaping and may cancel such continuation at any time. Adverse Actions Appeals Labor-Management Relations Exit Impact on Labor-Management Existing Employee Acronym List Agreements, Rights Relation Definitions P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Employee Rights Classification (9901.906) Pay and Pay Employees may join (or choose not to join) a labor union, act for a Administration labor union as a representative and, through their union Performance representative, bargain collectively over conditions of employment Management as set forth in these regulations. There is no significant change Staffing and from chapter 71 of title 5. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Impact on Labor-Management Existing Acronym List Agreements, NSLRB Relation Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions National Security Labor Relations Board Classification (9901.907) Pay and Pay The regulations establish a National Security Labor Relations Administration Board (NSLRB or Board) to act as the first-level independent third- Performance party adjudicator of collective bargaining disputes—effectively Management replacing the current Federal Labor Relations Authority (FLRA) in Staffing and that role. It will be established at a date determined by the Employment Secretary. Workforce Shaping There will be at least three members on the NSLRB (always an Adverse Actions odd number) appointed by the Secretary after he or she considers any labor organization nominees. Board members are removed Appeals only under the same conditions as FLRA members. Labor-Management (continued) Relations Exit Labor-Management Employees NSLRB, P.2 Relation Definitions Acronym List Rights
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions National Security Labor Relations Board (continued) Classification (9901.907) Pay and Pay Members will be independent, distinguished citizens known for Administration their integrity, impartiality, and expertise in labor relations and/or Performance the DoD mission, and/or relevant national security matters. Management The Secretary appoints the Chair of the Board. The vote of the Staffing and Chair is dispositive in the event of a tie. Employment A majority vote of the NSLRB is final and binding. Parties will be Workforce Shaping notified in writing of Board decisions. Adverse Actions Appeals Labor-Management Relations Exit Powers and Labor-Management Acronym List NSLRB, P.1 Duties of the Relation Definitions Board
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Powers and Duties of the Board Classification (9901.908) Pay and Pay The NSLRB must interpret the NSPS regulations in a way that Administration promotes the swift, flexible, and effective day-to-day Performance accomplishment of the Department’s mission as defined by the Management Secretary. Staffing and To the extent provided by these regulations, the NSLRB may Employment perform the following activities: Workforce Shaping • Conduct investigations, conduct hearings, and resolve Adverse Actions allegations of unfair labor practices (ULPs). • Resolve issues relating to the scope of bargaining. Appeals • Resolve exceptions to arbitration awards. Labor-Management • Resolve negotiation impasses (in accordance with these Relations regulations). Exit (continued) Powers & Labor-Management Duties of the Acronym List NSLRB, P.2 Relation Definitions Board, P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Powers and Duties of the Board (continued) Classification (9901.908) Pay and Pay • Conduct new reviews involving all matters within the Board’s Administration jurisdiction. (The Board evaluates evidence presented in the Performance record and reaches conclusions, but cannot issue status quo Management ante remedies where the remedies are not intended to cure egregious violations of NSPS regulations or where such an Staffing and Employment award imposes an economic hardship or interferes with the efficiency or effectiveness of the Department’s mission or Workforce Shaping impacts national security.) Adverse Actions • Resolve disputes regarding whether national consultation rights were honored. Appeals • Issue published decisions and opinions. Labor-Management (continued) Relations Exit Powers & Powers & Labor-Management Duties of the Duties of the Relation Definitions Acronym List Board, P.1 Board, P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Powers and Duties of the Board (continued) Classification (9901.908) Pay and Pay While the Department may issue interim rules for the NSLRB, the Administration NSLRB will ultimately prescribe its own rules and publish them in Performance the Federal Register. Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Powers & Powers & Labor-Management Duties of the Duties of the Relation Definitions Acronym List Board, P.2 FLRA
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Powers and Duties of the Federal Labor Relations Classification Authority (FLRA) (9901.909) Pay and Pay FLRA will make appropriate unit determinations, conduct or Administration supervise union elections, resolve disputes regarding eligibility to Performance be granted national consultation rights, and review certain NSLRB Management decisions. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Powers & Labor-Management Management Acronym List Duties of the Relation Definitions Rights Board, P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Management Rights Classification (9901.910) Pay and Pay The NSPS regulations prohibit management from bargaining over Administration the procedures of core operational management rights, but Performance management must consult (not bargain) over procedures used in Management the exercise of these rights, unless otherwise authorized by the Secretary. Additionally, management must bargain over the Staffing and Employment appropriate arrangements stemming from the exercise of these rights if there is otherwise a duty to bargain. However, appropriate Workforce Shaping arrangements within the duty to bargain do not include proposals on matters such as routine assignment to specific duties, shifts, or Adverse Actions work on a regular or overtime basis, unless otherwise authorized Appeals by the Secretary. Labor-Management Bargaining will not prevent or delay management from exercising Relations its rights (post-implementation bargaining is authorized). (continued) Exit Powers & Labor-Management Management Acronym List Duties of the Relation Definitions Rights, P.2 FLRA
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Management Rights (continued) Classification (9901.910) Pay and Pay Under 9901.910(a)(1) and (2) of the NSPS regulations, Administration management has the right to determine the following core operational matters: Performance Management • Mission • Budget Staffing and Employment • Organization • Number of employees Workforce Shaping • Internal security practices Adverse Actions • Hiring • Contracting out Appeals • Numbers, types, pay schedules, pay bands, and grades Labor-Management • Work assignments Relations • Technology, methods, and means of performing work Exit (continued) Labor-Management Management Management Relation Definitions Acronym List Rights, P.1 Rights, P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Management Rights (continued) Classification (9901.910) Pay and Pay Under 9901.910(a)(3) of the NSPS regulations, management has Administration the right to make personnel management decisions concerning the Performance following matters: Management • Layoffs Staffing and • Adverse actions/discipline Employment • Selections for appointment Workforce Shaping Management must bargain over procedures and appropriate arrangements used in the exercise of these rights. Adverse Actions Appeals Labor-Management Relations Exit Exclusive Labor-Management Management Recognition of Relation Definitions Acronym List Rights, P.2 Labor Organizations
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Exclusive Recognition of Labor Organizations Classification (9901.911) Pay and Pay Exclusive recognition will be accorded to a labor organization Administration elected by eligible employees (secret ballot, majority of votes cast) Performance in an appropriate unit as determined by the Authority. There is no Management change from chapter 71 of title 5. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Determination Labor-Management Management Acronym List of Appropriate Relation Definitions Rights, P.3 Units
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Determination of Appropriate Units for Labor Classification Organization Representation (9901.912) Pay and Pay Administration In determining appropriate units, the FLRA will ensure a clear and identifiable community of interest among the employees, Performance consistent with Department’s mission and organizational structure. Management These regulations retain chapter 71 exclusions of certain kinds of Staffing and employees from bargaining units. NSPS also excludes supervisors Employment of military members. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Exclusive Labor-Management Recognition of National Relation Definitions Acronym List Labor Consultation Organizations
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions National Consultation Classification (9901.913) Pay and Pay The Department and Components will conduct national Administration consultation over substantive changes in conditions of Performance employment with those unions holding national consultation rights. Management National consultation is not required where national-level Staffing and bargaining has occurred or where continuing collaboration Employment procedures apply. Nothing in the regulations precludes Workforce Shaping management from seeking the views of other labor organizations that do not hold national consultation rights, nor does the conduct Adverse Actions of national consultation eliminate any local labor relations Appeals obligations. Labor-Management Relations Exit Determination Representation Labor-Management of Appropriate Rights and Relation Definitions Acronym List Units Duties, P.1
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Representation Rights and Duties Classification (9901.914) Pay and Pay This section protects the union’s right to represent bargaining unit Administration employees. It provides for union representation at formal Performance discussions if the purpose of the meetings is for management to: Management Staffing and • Announce or discuss new or substantially changed personnel Employment policies or practices. Workforce Shaping • Discuss grievances filed under a negotiated grievance Adverse Actions procedure. Appeals However, union representatives are subject to the same expectations regarding conduct as any other employee. Labor-Management Relations (continued) Exit Representation Labor-Management National Acronym List Rights and Relation Definitions Consultation Duties, P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Representation Rights and Duties (continued) Classification (9901.914) Pay and Pay The union representation right does not apply to discussions Administration where personnel policies, practices, or working conditions are: Performance Management • Peripheral or incidental to the announced purpose of the meeting. Staffing and • A reiteration or application of existing personnel policies, Employment practices, or working conditions. Workforce Shaping (continued) Adverse Actions Appeals Labor-Management Relations Exit Representation Representation Labor-Management Rights and Rights and Relation Definitions Acronym List Duties, P.1 Duties, P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Representation Rights and Duties (continued) Classification (9901.914) Pay and Pay Collective bargaining agreements between management and the Administration exclusive representative are subject to approval by the Secretary. Performance Management Provisions in existing collective bargaining agreements that conflict with issuances remain in effect until expiration, extension, Staffing and renewal, or renegotiation of the collective bargaining agreement. Employment At that time they must be brought into conformance. Workforce Shaping Provisions in conflict with implementing issuances are not Adverse Actions enforceable upon the effective date of NSPS. Appeals Labor-Management Relations Exit Representation Labor-Management Allotments to Acronym List Rights and Relation Definitions Representation Duties, P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Allotments to Representation Classification (9901.915) Pay and Pay Current chapter 71 authorizations and requirements concerning Administration dues allotments are retained in this section. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Representation Labor-Management Unfair Labor Acronym List Rights and Relation Definitions Practices Duties, P.3
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Unfair Labor Practices Classification (9901.916) Pay and Pay Management’s unfair labor practices (ULPs) remain almost Administration identical to those contained in chapter 71. The difference is the Performance addition to 7116(a)(7), which now states that it is a ULP to enforce Management a rule or regulation that is in conflict with a collective bargaining Staffing and agreement if the agreement was in effect prior to any issuance Employment (other than an implementing issuance), or regulation. Workforce Shaping Implementing issuances will immediately supersede conflicting provisions of collective bargaining agreements. Adverse Actions (continued) Appeals Labor-Management Relations Exit Labor-Management Allotments to Unfair Labor Relation Definitions Acronym List Representation Practices, P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Unfair Labor Practices (continued) Classification (9901.916) Pay and Pay As under chapter 71 and FLRA rules, the Board will not consider Administration any allegation of a ULP filed more than six months after it Performance occurred, unless the Board determines that there is good cause Management for the late filing. Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Labor-Management Unfair Labor Duty to Bargain Relation Definitions Acronym List Practices, P.1 & Consult
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Duty to Bargain and Consult Classification (9901.917) Pay and Pay The new rules establish the duty to bargain in good faith and Administration provide for referral of negotiability disputes and bargaining Performance impasses to the Board for resolution. Management Bargaining over an initial or successor agreement is limited to 90 Staffing and days. Midterm bargaining is limited to 30 days. In both cases, the Employment bargaining period can be extended if all parties agree to continue Workforce Shaping bargaining. Adverse Actions Appeals Labor-Management Relations Exit Labor-Management Unfair Labor Multi-unit Relation Definitions Acronym List Practices, P.2 Bargaining
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Multi-unit Bargaining Classification (9901.918) Pay and Pay The new labor relations system provides management the ability Administration to negotiate with multiple exclusive representatives at varying Performance geographical or organizational levels, in order to bargain once Management over the same issue. Staffing and Such bargaining is at the discretion of management and is binding Employment on all parties requested to participate. Furthermore, when an Workforce Shaping agreement is set, individual units cannot opt out of or veto the Adverse Actions agreement. Appeals Labor-Management Relations Exit Collective Labor-Management Duty to Bargain Bargaining Relation Definitions Acronym List & Consult Above Level of Recognition
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Collective Bargaining Above the Level of Recognition Classification (9901.919) Pay and Pay NSPS provides for national-level bargaining, at the discretion of Administration the Secretary, to negotiate an issue at a level above the level of Performance recognition, and provides that resultant agreements are binding on Management all subordinate bargaining units of the labor organizations invited Staffing and to participate. Once an agreement is set, individual unions cannot Employment opt out of or veto the agreement. Workforce Shaping The regulations exclude National Guard Bureau and Air and Army Adverse Actions National Guard from national-level bargaining. Appeals Labor-Management Relations Exit Labor-Management Multi-unit Negotiation Relation Definitions Acronym List Bargaining Impasses
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Negotiation Impasses Classification (9901.920) Pay and Pay The Board has impasse-resolution authority. To the extent Administration practicable, a single, integrated process will be used to resolve all Performance matters associated with negotiation disputes (such as negotiability Management appeals, ULPs, and impasses). Staffing and The Federal Service Impasses Panel retains authority to resolve Employment impasses over alternative work schedule matters. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Collective Standards of Labor-Management Bargaining Conduct for Relation Definitions Acronym List Above Level of Labor Recognition Organizations
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Standards of Conduct for Labor Organizations Classification (9901.921) Pay and Pay The labor relations standards of conduct are the same under Administration chapter 71. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Labor-Management Negotiation Grievance Relation Definitions Acronym List Impasses Procedures
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Grievance Procedures Classification (9901.922) Pay and Pay Collective bargaining agreements will include procedures for Administration settlement of grievances, using binding arbitration. The Performance procedures will permit negotiated grievances over performance Management appraisal ratings of record or an administrative reconsideration Staffing and process. Final decision authority in the negotiated grievance Employment process (NGP) covering performance appraisal ratings of record Workforce Shaping may rest with an independent arbitrator or a panel consisting of an arbitrator, a union representative, and a management Adverse Actions representative. Appeals (continue) Labor-Management Relations Exit Standards of Grievance Labor-Management Conduct for Acronym List Procedures, Relation Definitions Labor P.2 Organizations
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Grievance Procedures (continued) Classification (9901.922) Pay and Pay An arbitrator or panel may not: Administration • Conduct an independent evaluation of performance. Performance • Substitute personal judgment for that of management. Management Staffing and Mandatory removal offenses are a new exclusion under the Employment negotiated grievance procedure. Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Grievance Exceptions to Labor-Management Procedures, Arbitration Relation Definitions Acronym List P.1 Awards
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Exceptions to Arbitration Awards Classification (9901.923) Pay and Pay Either party may file an exception to any arbitrator’s award with the Administration NSLRB, except for those awards involving appealable actions under the NSPS regulations. Parties file exceptions involving Performance Management appealable actions as an RFR with the DoD and MSPB, followed by a petition for review to the MSPB, and then to the Federal Staffing and Circuit in accordance with subpart H of the NSPS regulations. Employment In addition to the bases for exception provided in chapter 71, Workforce Shaping parties also may file exceptions based on the arbitrator’s failure to Adverse Actions properly consider the Department’s national security mission or to comply with applicable NSPS regulations and implementing Appeals issuances. In reviewing exceptions, the NSLRB may determine its Labor-Management own jurisdiction without regard to whether any party has raised a Relations jurisdictional issue. Exit Grievance Labor-Management Procedures, Acronym List Official Time Relation Definitions P.2
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Official Time Classification (9901.924) Pay and Pay In recognition of the foregoing representational responsibilities of Administration the union, the regulations preserve the official time provisions in Performance chapter 71 of title 5. In so doing, the regulations clarify that, Management consistent with current law, official time is not permitted for Staffing and representational duties outside the exclusive representative’s Employment bargaining unit, except when participating in multi-unit bargaining Workforce Shaping and bargaining above the level of recognition, provided there is mutual agreement between the agency and the exclusive Adverse Actions representatives involved. Appeals Labor-Management Relations Exit Exceptions to Compilation & Labor-Management Arbitration Publication of Relation Definitions Acronym List Awards Data
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Compilation and Publication of Data Classification (9901.925) Pay and Pay Under these regulations, the Board is required to maintain official Administration records of files and publish text of rulings. Performance Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Labor-Management Regulations of Acronym List Official Time Relation Definitions the Board
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Regulations of the Board Classification (9901.926) Pay and Pay DoD will issue interim rules governing the operation of the Board. Administration Once established, the Board will prescribe and publish rules in the Performance Federal Register. Management Staffing and Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Labor-Management Compilation & Continuation of Acronym List Publication of Existing Laws, Relation Definitions Data etc.
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Continuation of Existing Laws, Recognitions, Classification Agreements, and Procedures (9901.927) Pay and Pay Administration Nothing precludes continuation of an exclusive recognition; a certification of an exclusive representative; or renewal or Performance continuation of an agreement that is otherwise consistent with law, Management these regulations, and DoD issuances entered into before the Staffing and effective date of the labor relations system. Employment All Presidential Orders will remain in effect until revised or revoked Workforce Shaping by the President, unless superseded by these regulations or by Adverse Actions implementing issuances. Appeals Labor-Management Relations Exit Labor-Management Regulations of Savings Relation Definitions Acronym List the Board Provisions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Labor-Management Relations Menu General Provisions Savings Provisions Classification (9901.928) Pay and Pay The new labor relations rules will not apply to grievances or other Administration administrative proceedings already pending when the rules go into Performance effect. Any remedy that applies after the date of coverage will not Management be enforceable if it conflicts with applicable provisions of the new Staffing and rules. Employment Workforce Shaping Adverse Actions Appeals Labor-Management Relations Exit Continuation of Labor-Management Knowledge Acronym List Existing Laws, Relation Definitions Checks etc.
    • Fundamentals of NSPS Labor Relations—Knowledge Check 1 Click the appropriate answer. The NSPS labor relations system may _______ existing collective bargaining agreements. a) Modify b) Expand c) Replace d) Reduce Savings Knowledge Provision Check 2
    • Fundamentals of NSPS Labor Relations—Knowledge Check 2 Click the appropriate answer. NSPS has no impact on the employees’ rights to bargain collectively. a) True b) False Knowledge Knowledge Check 1 Check 3
    • Fundamentals of NSPS Labor Relations—Knowledge Check 3 Click the appropriate answer. In the new system, the National Security Labor Relations Board (NSLRB) may perform all of the following activities except: a) Conducting investigations, hearings, and resolving allegations of unfair labor practices (ULPs). b) Resolving issues relating to bargaining scope. c) Resolving negotiation impasses. d) Determining the appropriateness of bargaining units. Knowledge Knowledge Check 2 Check 4
    • Fundamentals of NSPS Labor Relations—Knowledge Check 4 Click the appropriate answer. National consultation is not required where national-level bargaining has occurred or where the continuing collaboration procedures apply. a) True b) False Knowledge Knowledge Check 3 Check 5
    • Fundamentals of NSPS Labor Relations—Knowledge Check 5 Click the appropriate answer. Which of the following actions are not ULPs? a) Publicizing elections b) Correcting the record c) Informing employees of Government policy d) Enforcing a DoD NSPS implementing issuance which is in conflict with a collective bargaining agreement e) All of the above Knowledge Knowledge Check 4 Check 6
    • Fundamentals of NSPS Labor Relations—Knowledge Check 6 Click the appropriate answer. The contents of DoD and Military Department issuances (policies, etc.) are ______. a) Non-negotiable b) Negotiable Knowledge Back to Main Check 5 Menu
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home General Provisions Definitions Menu Classification Select a section to see its corresponding definitions. • General Provisions Pay and Pay Administration • Classification • Pay and Pay Administration Performance Management • Performance Management • Staffing and Employment Staffing and Employment • Workforce Shaping • Adverse Actions Workforce Shaping • Appeals Adverse Actions • Labor-Management Relations Appeals Labor-Management Relations Exit Definitions— Main Menu General Definitions Acronym List Provisions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Definitions—General Provisions Classification • Band • Mandatory Removal • SES Pay and Pay Offense (MRO) • SL/ST • Basic Pay Administration • Career Group • Military Department • Unacceptable Performance • Competencies • MSPB Performance Management • Contribution • NSPS • Day • Occupational Series Staffing and Employment • Department or DoD • OPM • Director • Pay Band Workforce Shaping • Employee • Pay Schedule • Furlough • Performance Adverse Actions • General Schedule • Principal Staff Assistants Appeals • Implementing Issuances • Promotion • Initial Probationary Period • Rating of Record Labor-Management • In-Service Probationary Period • Reassignment Relations • Labor Organization • Reduction in Band Exit • Secretary Definitions Definitions— Definitions Acronym List Menu Classification
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Classification Pay and Pay • Band Administration • Basic Pay Performance • Career Group Management • Classification Staffing and • Competencies Employment • Occupational Series Workforce Shaping • Pay Band Adverse Actions • Pay Schedule • Position (or Job) Appeals Labor-Management Relations Exit Definitions— Definitions— Definitions Acronym List General Pay & Pay Provisions Administration
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Pay and Pay Administration Pay and Pay • Band • Modal Rating Administration • Basic Pay • Pay Band or Band Performance • Band Rate Range • Pay Pool Management • Bonus • Pay Schedule • Career Group Staffing and • Competencies • Performance Employment • Contribution • Performance Payout • Contribution Assessment • Performance Share Workforce Shaping • CONUS or Continental United • Performance Share Value Adverse Actions States • Promotion • Extraordinary Pay Increase Appeals (EPI) • Rating of Record • Local Market Supplement • Reassignment Labor-Management • Reduction in Band Relations • Unacceptable Performance Exit Definitions— Definitions— Definitions Acronym List Performance Classification Management
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Performance Management Pay and Pay • Appraisal • Performance Management Administration • Appraisal Period System Performance • Competencies • Rating of Record Management • Unacceptable Performance • Contribution Staffing and • Minimum Period Employment • Pay-for-Performance Workforce Shaping Evaluation System Adverse Actions • Performance • Performance Expectations Appeals • Performance Management Labor-Management Relations Exit Definitions— Definitions— Definitions Acronym List Pay & Pay Staffing & Administration Employment
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Staffing and Employment Pay and Pay • Career Employee Administration • Initial Probationary Period Performance • In-service Probationary Period Management • Promotion Staffing and • Reassignment Employment • Reduction in Band Workforce Shaping • Temporary Employee Adverse Actions • Term Employee • Time-Limited Employee Appeals Labor-Management Relations Exit Definitions— Definitions— Definitions Acronym List Performance Workforce Management Shaping
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Workforce Shaping Pay and Pay • Competing Employee Administration • Competitive Area Performance • Competitive Group Management • Displacement Right Staffing and • Modal Rating Employment • Notice Workforce Shaping • Rating of Record Adverse Actions • Retention Factors • Retention List Appeals • Tenure Group Labor-Management • Undue Interruption Relations Exit Definitions— Definitions— Definitions Acronym List Staffing & Adverse Employment Actions
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Adverse Actions Pay and Pay • Adverse Action Administration • Band Performance • Day Management • Furlough Staffing and • Indefinite Suspension Employment • Initial Probationary Period Workforce Shaping • In-service Probationary Period Adverse Actions • Mandatory Removal Offense (MRO) • Reduction in Pay Appeals • Removal Labor-Management • Suspension Relations Exit Enjoined in AFGE v. Rumsfeld Definitions— Definitions— Definitions Acronym List Workforce Appeals Shaping
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Appeals Pay and Pay • Administrative Judge, or AJ Administration • Class Appeal Performance • Harmful Error Management • Mandatory Removal Offense (MRO) Staffing and • MSPB Employment • Petition for Review (PFR) Workforce Shaping • Preponderance of the Evidence Adverse Actions • Request for Review (RFR) Appeals Labor-Management Relations Exit Enjoined in AFGE v. Rumsfeld Definitions— Definitions— L-M Definitions Acronym List Adverse Actions Relations
    • Fundamentals of NSPS: Topics An Overview of the Final Enabling Regulations Home Definitions Menu General Provisions Classification Definitions—Labor-Management Relations Pay and Pay • Authority • Exclusive Representative Administration • Board • FMCS Performance • Collective Bargaining • Grade Management • Implementing Issuance(s) • Collective Bargaining Agreement Staffing and • Issuance(s) • Component Employment • Labor Organization • Conditions of Employment • Management Official Workforce Shaping • Confidential Employee • Negotiated Grievance Adverse Actions • Consult • Person • Dues • Professional Employee Appeals • Supervisor Labor-Management Relations Exit Enjoined in AFGE v. Rumsfeld Definitions— Back to Main Definitions Acronym List Appeals Menu
    • Fundamentals of NSPS Acronym List Return to Previous Screen ADR Alternative Dispute Resolution MSPB Merit Systems Protection Board AJ Administrative Judge NCIS National Criminal Intelligence Service AWOL Absent Without Leave NGP Negotiated Grievance Procedure CFR Code of Federal Regulations NSLRB National Security Labor Relations Board CID Criminal Investigation Division NSPS National Security Personnel System DARPA Defense Advanced Research Projects Agency OIPT Overarching Integrated Product Team DHS Department of Homeland Security OMB Office of Management and Budget DoD Department of Defense OPM Office of Personnel Management EEOC Equal Employment Opportunity Commission OSI Office of Special Investigations FLRA Federal Labor Regulations Authority PDF Portable Document Format FMCS Federal Mediation and Conciliation Service PEO Program Executive Office FR Federal Register PFR Petition for Review FWS Federal Wage System RIF Reduction in Force FY Fiscal Year RFR Request for Review HR Human Resources SES Senior Executive Service IG Inspector General SL/ST Senior and Scientific or Professional Positions KPP Key Performance Parameter ULP Unfair Labor Practice LWOP Leave Without Pay U.S.C. United States Code End MRO Mandatory Removal Offense
    • Fundamentals of NSPS—Regulation Department of Defense Fundamentals of NSPS National Security An Overview of the Final Enabling Personnel System Regulations http://www.cpms.osd.mil/nsps As presented in the final enabling regulations in the Federal Register