Comment from Anonymous
AnonymousOpposeIndividual
Summary: An anonymous federal employee opposes the proposed rule, arguing that it undermines civil service protections, eliminates due process rights, and removes established disciplinary standards like the Douglas factors. The commenter expresses concern that the changes will lead to a culture of fear, potential discrimination, and the erosion of federally protected union representation.
As a current federal employee, anonymously submitting for fear of retaliation, clinging to my rights to unionize and be represented, I am deeply concerned with the proposed changes that appear to serve no other purpose than to tighten the chains of servitude not to the constitution or agency missions prescribed by law, but to the current president as nothing but the means to an end. That end being the abuse of power and the law, something independent and faithful civil servants protect against every day. As written, the proposed rule would:
Change how managers decide what discipline to impose by throwing out 45 years of case law endorsing the use of the Douglas factors to mitigate employee discipline. These factors are critical to maintaining objective accountability and subverting political or social malpractice by management.
Impose various harmful policies, including arbitrarily limiting performance improvement plans to 30 days, creating a government-wide prohibition on “clean record settlement” agreements, thus ensuring wasteful litigation, and creating a new “voluntary abandonment” rule that invites discrimination against disabled employees and those suffering emergencies. These changes are arbitrary and cruel, singling out those who dedicate their time and effort for the federal government and in return are villainized, traumatized, and abused. It is very likely management will instill a culture of fear and allegiance, contrary to agency missions and sworn oaths to the rule of law.
And Eliminate due process rights, including eliminating federal employees’ guarantee of union representation during disciplinary proceedings, contrary to federal law. OPM and MSPB do not have the authority to write out, interpret out, or otherwise diminish the federally protected rights of employees to unionize and be represented, especially those given in times of significant necessity to offer a fair and just due process. OPM and MSPB will likely see these changes stricken by the judiciary as beyond the power granted to them by law.