Source: Federal Daily.com

September 2, 2010

The Equal Employment Opportunity Commission Office of Federal Operations upheld an administrative law judge’s ruling to approve the class certification for a group of disabled employees at the Social Security Administration who alleged they had been discriminated against and denied promotions.

The Aug. 25 decision by EEOC affirms the 2008 ruling by Administrative Law Judge David Norken, who noted that the employees have already presented a volume of evidence to back up their claims. The class alleges that SSA discriminates against employees with “targeted disabilities” by creating a glass ceiling and limiting promotional and other career advancement opportunities.

Employees with targeted disabilities have impairments—such as deafness, blindness, paralysis or convulsive disorders—that tend to be more severe and immediately apparent to potential employers, said the nonprofit Disability Rights Advocates and a consortium of law firms representing the employees. Attorneys estimate that the class could include as many as 2,000 employees.

“I am pleased with this ruling and hope it causes the Social Security Administration to confront this issue head-on,” said Ronald Jantz, a deaf SSA employee and the named plaintiff in the case—Jantz, et al. v Astrue. “I brought this lawsuit to bring about change necessary to ensure that employees with targeted disabilities receive the same promotions and career advancement opportunities as non-disabled employees.”

EEOC has reported a decline in the number of people with targeted disabilities in the federal workforce, despite the government’s statutory obligation to be a model employer. EEOC also reports that employees with targeted disabilities tend to receive fewer promotions than their peers, remain in grade longer and receive lower compensation.

Source: Federal Daily.com

September 2, 2010

The Equal Employment Opportunity Commission Office of Federal Operations upheld an administrative law judge’s ruling to approve the class certification for a group of disabled employees at the Social Security Administration who alleged they had been discriminated against and denied promotions.

The Aug. 25 decision by EEOC affirms the 2008 ruling by Administrative Law Judge David Norken, who noted that the employees have already presented a volume of evidence to back up their claims. The class alleges that SSA discriminates against employees with “targeted disabilities” by creating a glass ceiling and limiting promotional and other career advancement opportunities.

Employees with targeted disabilities have impairments—such as deafness, blindness, paralysis or convulsive disorders—that tend to be more severe and immediately apparent to potential employers, said the nonprofit Disability Rights Advocates and a consortium of law firms representing the employees. Attorneys estimate that the class could include as many as 2,000 employees.

“I am pleased with this ruling and hope it causes the Social Security Administration to confront this issue head-on,” said Ronald Jantz, a deaf SSA employee and the named plaintiff in the case—Jantz, et al. v Astrue. “I brought this lawsuit to bring about change necessary to ensure that employees with targeted disabilities receive the same promotions and career advancement opportunities as non-disabled employees.”

EEOC has reported a decline in the number of people with targeted disabilities in the federal workforce, despite the government’s statutory obligation to be a model employer. EEOC also reports that employees with targeted disabilities tend to receive fewer promotions than their peers, remain in grade longer and receive lower compensation.

When: Saturday, October 2, 2010

Where: Washington, D.C. (on the mall)

Time: 12:00 noon

Free transportation to and from the rally will be provided. Buses will be daprting sharply at 9:00 a.m., Social Security Administrative Building, 6401 Security Blvd., Baltimore, MD  21235. Parking lot “B”

BOX LUNCH WILL BE PROVIDED!

For more information and bus reservation, please contact Jody Perez at local1923@aol.com or 410-965-3797 no later than September 25, 2010.

The American Federation of Government Employees, AFL-CIO Local 1923

The March is sponsored by One Nation Working Together and is endorsed by AFGE, the AFL-CIO, Change to Win and a coalition of organizations at the national, state and local level. For more information, please visit One Nation at www.onenationworkingtogether.org/march.aspx. 

By Joe Davidson
Tuesday, August 24, 2010

Source: The Washington Post

When the Hatch Act was passed in 1939, social media tools like Facebook and Twitter were decades away.

But they are ubiquitous now and the Office of Special Council has received many questions about how the law, which limits the political activity of federal employees, affects these new forms of communication. With the District and Maryland holding primary elections next month and the entire country gearing up for congressional and other elections in November, OSC decided it’s a good time to let federal employees know what they can do using social media without running afoul of the law.

The Hatch Act applies to executive branch workers, including postal employees, but not the president and vice president. District government workers also are covered. Congress, however, is considering legislation, introduced by Del. Eleanor Holmes Norton (D-D.C.), that would exclude them once the District enacts a law with the same effect.

Generally, the Hatch Act permits federal employees greater freedom to participate in election activities than many realize. “If you’re not on the government dime and you’re not in a government building,” there’s a good chance the activity is allowed, said Ward Morrow, a lawyer for the American Federation of Government Employees.

According to the OSC, “federal employees may not solicit, accept, or receive campaign contributions at any time. Further, they may not use their official authority or influence to affect the result of an election. Finally, they may not engage in political activity while on duty or in a federal workplace.”

Those prohibitions carry over to the Twitter and Facebook worlds.

But what happens if you telework and your kitchen table is your federal workplace? That was not addressed in the July guidance.

OSC issued a list of “Frequently Asked Questions Regarding Social Media and the Hatch Act” last month. But as he so often does, Uncle Sam did not make the answers simple. In some cases, the answers differ based on position, with “less restricted employees” getting more leeway than “further restricted employees.” The further- restricted employees include many federal law enforcement employees, intelligence agency staffers, administrative law judges, senior executives and Federal Election Commission employees.

Here is a sampling from the Q & A provided by the Special Counsel’s office:

May federal employees write a blog expressing support or opposition to partisan political candidates and political parties?

The basic answer is yes, but with restrictions.

They can’t write blogs while at work and they should not use their official titles to give weight to their opinions. Further- restricted employees also may not take an active part in a campaign. That includes distributing campaign literature, which means they are not allowed to post anything on their blogs “that was created by, or leads to information created by, the party, partisan candidate, or partisan campaign, because OSC would consider such activity to be the equivalent of distributing literature,” according to the special counsel’s guidelines.

Employees may advocate for or against political parities or candidates on Facebook pages as long as they stay within the broader Hatch Act limitations.

May federal employees continue to “follow” the official White House Twitter account, or be a “fan” or “friend” of, or “like,” the official White House Facebook page, after President Obama becomes a candidate for reelection?

Yes, but with the same restrictions that apply to other candidates.

“Note that the Twitter account @barackobama is not an official Presidential account,” cautions the OSC guidance. “Nor is the Facebook page found at www.facebook.com/barackobama.” Both are affiliated with the Democratic National Committee, and that’s a partisan political group.

The “fan” and “friend” restrictions come with general limitations, such as engaging in political activity while at work. That includes using social media or e-mail to accept an invitation to a political event or forwarding the invitation to others.

Further-restricted employees have an additional limitation. Links on their Facebook pages to a candidate’s Web site must be visible only to the employee.

Sometimes the guidelines seem almost contradictory, or like a hair-splitting exercise.

Less-restricted employees, for example, may post a link that leads to the home page of a candidate but not “directly to the page of the Web site on which readers can contribute money.” Of course, many candidates ask for money on their home pages, though readers may need a second click to make the contribution.

Nonetheless, “I think it’s good they put the rules of the road out there,” Morrow said.

Suggestion: Read the rules carefully, then check with your supervisor if you need clarification.

The Hatch Act guidelines can be found with this column at http://www.washingtonpost.com and more information can be found at http://osc.gov/hatchact.htm#. ]]> http://www.afgelocal1923.org/2010/08/24/federal-workers-use-of-internet-social-media-has-limits-under-the-hatch-act/feed/ http://www.afgelocal1923.org/2010/08/23/notice-of-special-membership-meeting-2/ http://www.afgelocal1923.org/2010/08/23/notice-of-special-membership-meeting-2/#comments Mon, 23 Aug 2010 17:03:24 +0000 admin http://www.afgelocal1923.org/2010/08/23/notice-of-special-membership-meeting-2/ The purpose of this meeting is to elect an Election Committee

August 13, 2010

(WASHINGTON) — The American Federation of Government Employees is seeking clarification from the Defense Department regarding Defense Secretary Robert Gates’ announcement earlier this week that the department is reversing plans to replace contractors with full-time civilian employees.

In an attempt to save money and reduce excessive reliance on expensive service contractors, Gates last year said he would cut the number of service support contractors by 33,000 during the next five years and replace them with federal employees. But on Monday, Gates said these cut contractor positions will not be replaced.

Gates said he was not satisfied with how much money DoD has saved through insourcing during the first year of implementation. However, because the department has not yet conducted a full inventory of its contractor workforce and integrated those results into the budget process, as required by law, it is unable to determine the costs and savings from insourcing.

Savings from insourcing are more than offset by new service support contracts. DoD says it spent 39 percent of its total workforce budget on service support and advisory contractors in 2009, up from 26 percent in 2000.

“The department’s budget is in critical condition because of decades of excessive privatization,” said AFGE National President John Gage. “Surely, we should not give up on the promising but short-lived insourcing effort after just one year.”

Gage said he will be seeking clarification from the Defense Department about its insourcing plans, as well as announced plans to eliminate three Defense agencies and freeze hiring for most jobs.

AFGE will work with Congress and the department to ensure that DoD continues to be able to hire civilian employees to perform critical and sensitive functions that never should have been outsourced, as well as functions that can be performed more efficiently in-house, he said.

President Gage Defends Federal Employees’ Pay on CNBC: AFGE President John Gage this week appeared on CNBC’s Closing Bell to defend federal employees’ compensation following renewed attacks on federal pay and claims that federal employees are overpaid compared with their private sector counterparts. President Gage said the USA Today pay comparison article being discussed did not compare the pay and compensation between similar “positions” in the private sector and the federal government. He said comparing the pay average of the two sectors is worse than comparing apples and oranges because on average federal jobs require more education and skills than many of the positions in the private sector. President Gage also shot back at the CATO Institute analyst, who claimed that federal employees are a privileged class with the average pay in the top five of all industries and are eight times less likely to quit their jobs. “That’s all political spin,” Gage said, adding that federal employees are dedicated workers who proudly serve their country in various capacities. Federal employees, just like everybody else, also have to shoulder the cost of health insurance that goes up 15-20 percent a year.

To listen to the interview, click here

AFGE Launches Radio Campaign Challenging Attacks on Feds:  AFGE - the country’s largest federal employees union - launched a nationwide radio ad campaign on Aug. 9 to remind listeners of how many areas of their lives are served by government employees. The 60 second radio spot features AFGE President John Gage, along with several AFGE members who work in the Bureau of Prisons, the Department of Veterans Affairs, the Defense Department, and the Social Security Administration. Over the past 18 months there has been a real push by some politicians and media talking heads to demonize federal employees.

“Whenever there is a fiscal crunch, there are always those who hastily call for a reduction of federal employees,” President Gage said. “We want people to know what those irresponsible ploys really mean. Personnel cuts mean fewer guards at our federal prisons. Personnel cuts mean reduced services for our veterans. Personnel cuts mean reductions in social security for our seniors. Personnel cuts would hinder support for our military men and women. The men and women of the federal service are not nameless, faceless bureaucrats. They are what hold our nation together.”

To listen to the radio ad, click here  AFGE represents more than 600,000 workers in 75 different federal and DC government agencies.

AFGE to Request Full Briefing from DoD on Derailed Insourcing Plan: AFGE is requesting a full briefing from the Defense Department after Defense Secretary Robert Gates announced earlier this week that the department would eliminate three Defense agencies, freeze hiring for most jobs, cut funding for service support contractors and not replace them with federal employees. The three organizations proposed to be eliminated are the Business Transformation Agency, the Office of the Assistant Secretary of Defense for Networks and Information Integration, and Joint Forces Command, which employs about 2,800 military and civilian employees and roughly 3,000 contractors. In an attempt to save money and reduce excessive reliance on expensive service contractors, Gates last year said he wanted to cut the number of service support contractors by 33,000 in the next five years and replace them with federal employees. But now the defense secretary said these contractor positions will be cut but may not be replaced by civilians.

“The department’s budget is in critical condition because of decades of excessive privatization,” said AFGE Legislative Director Beth Moten. “But DoD should not give up the opportunities to achieve savings through insourcing, which has been implemented for only one year.” Moten said because DoD has not yet implemented the contractor inventory and then integrated those results into the budget process, as required by law, the department lacks the capacity to determine costs and savings from insourcing. The department is also unable to distinguish the savings from insourcing from the costs of increased contracting because the savings from insourcing are more than offset by new service support contracts. As of today, DoD still does not have an accounting system in place to distinguish the savings and expenses.

VA Collective Bargaining Bill Clears First Hurdle: The Senate Veterans Affairs Committee last week approved a bill that would clarify the right of VA health care professionals to grieve and negotiate over some compensation disputes. Under current law, VA health care professionals do not have the same rights as their counterparts in the Defense Department or Bureau of Prisons to use their bargaining rights to enforce pay laws and regulations. The current law prohibits VA doctors, dentists, registered nurses, physicians’ assistants, chiropractors, optometrists, podiatrists, and dental auxiliaries from exercising their bargaining rights when management withholds overtime, weekend premium pay, wage survey data or does not properly implement performance pay. The measure, proposed by Sen. Sherrod Brown, D-Ohio, would allow unions representing Title 38 VA employees to negotiate over some compensation matters, similar to the bargaining rights of Title 5 VA and DoD clinicians. Contrary to some claims put forth by the agency, the amendment does not give employees the right to bargain over basic rates of pay, which are set by Congress. The bill would also level the playing field for Title 38 employees and those with Title 5 bargaining rights in the same agency. Without passage of this legislation, VA employees working side by side lack equal rights. For example, registered nurses cannot enforce their rights to overtime pay while licensed practical nurses have that right. VA psychiatrists have no recourse when pay rules are violated, yet VA psychologists working in the same mental health settings have the ability to exercise their bargaining rights under Title 5.

Bill Introduced to Cut 200,000 Federal Jobs: AFGE is fighting a bill introduced last week by Sen. Orrin Hatch, R-Utah, to cut 200,000 federal jobs so that the number of federal employees goes back to the February 2009 levels. Hatch said currently there are 1.43 million federal workers, compared with 1.2 million in 2008. The Reduce and Cap the Federal Workforce Act would require the head of each agency - except the CIA, FBI, Secret Service, and Executive Office of President - to report the number of civilian employees within that agency on Feb 16, 2009, to the Office of Management and Budget. If the current number of employees is greater, then each agency - except the Defense Department and Homeland Security - must reduce the number of employees to 2009 levels through attrition.

Connect with AFGE on Twitter, Facebook, YouTube: Tweet us, Friend us, Watch us. With the help of social media, you can connect to AFGE whenever, wherever. Watch us on YouTube at http://www.youtube.com/user/afgeonline or join in the conversation at http://twitter.com/afgenational and http://www.facebook.com/afgeunion

Inside Government:  Tune in now to AFGE’s radio show Inside Government to hear from The Huffington Post’s Co-Founder Arianna Huffington and Rep. Debbie Wasserman Schultz,D-Fla. The show, which originally aired on Friday, Aug. 6, is now available on demand. Huffington addressed a number of issues, including the upcoming 2010 midterm elections, the BP oil spill, and how to create more jobs in America. Rep. Wasserman Schultz discussed steps Congress has taken to improve the economy and the need to secure collective bargaining rights for Transportation Security Officers. Also a guest on the show was Project on Government Oversight (POGO) Executive Director Danielle Brian, who previewed POGO’s upcoming report on privatization in government. The report, which is expected to detail the true cost of contracting out federal government work, is due to be released later this summer. Brian also discussed POGO’s efforts to promote good government, which includes whistleblower protections and a more transparent and open government.

Listen LIVE on Fridays at 10 a.m. on 1500 AM WFED in the D.C. area or online at www.federalnewsradio.com. For more information, please visit www.insidegovernmentradio.com.

The Senate Veterans Affairs Committee approved legislation Thursday that would expand Veterans Affairs Department health care professionals’ collective bargaining rights relating to compensation issues.

Sen. Sherrod Brown, D-Ohio, introduced the language as an amendment to a bill (S. 3325) that would waive co-payments for veterans using telehealth or telemedicine services. Brown also had introduced a stand-alone bill (S. 3486) on the collective bargaining issue.

The American Federation of Government Employees, which represents 200,000 VA employees, most of whom work in the Veterans Health Administration, praised the committee for passing the bill, and commended Brown and the amendment’s eight co-sponsors.

“VA health care professionals are committed men and women who have chosen to dedicate their careers serving those who’ve sacrificed for our nation,” said J. David Cox, AFGE national secretary-treasurer and a former VA nurse for 23 years. “They deserve the ability to seek redress when pay laws and regulations are not followed.”

According to AFGE, current law prohibits VA health care professionals from negotiating with management on a range of compensation issues and denies them the rights enjoyed by their counterparts in other agencies, such as the Defense Department and Bureau of Prisons. VA health workers cannot collectively bargain when management withholds overtime, weekend premium pay or wage survey data, according to the union. Employees also cannot negotiate if managers fail to implement performance-based pay systems properly, AFGE said.

“This bill is not and will never be about interfering with Congress’ right to set federal pay,” said Alma Lee, president of AFGE’s National VA Council. “It is entirely about allowing VA health care professionals to exercise their congressionally mandated rights to bargain over other types of compensation.”

AFGE officials said in addition to leveling the playing field for VA professionals and their counterparts at other agencies, the legislation would eliminate intradepartmental disparities. For example, registered nurses cannot enforce their rights to overtime pay while licensed practical nurses can. VA psychiatrists cannot use collective bargaining on pay rules, but VA psychologists can, according to the union.

Both Cox and Lee said the new rights could increase the department’s ability to attract employees in a tough recruiting market for health care.

“If employees cannot force the VA to comply with the pay laws and regulations that are in place, local VA human resources personnel will continue to abuse ambiguity in the law, undermining the VA’s ability to be a competitive employer,” Lee said.

The bill now heads to the full Senate for a vote. AFGE spokesman Michael Victorian said the House is expected to hold a hearing in September on a companion bill (H.R. 5543) Rep. Bob Filner, D-Calif., introduced.

Senate Panel Approves 1.4% Raise for Feds: The Senate Appropriations Committee July 29 passed the 2011 Financial Services and Government spending bill providing a 1.4 percent raise for civilian federal employees, the amount President Barack Obama requested and the same amount he proposed for the military. The bill still has to be approved by the full House and the Senate.

Senate Committee Pushes for End to Contract Waste, Abuse: The 2011 financial services appropriations bill passed by the Senate Appropriations Committee also contains several AFGE-backed provisions that would promote insourcing and better contractor oversight at non-Defense agencies. If passed by the full House and Senate, these agencies would be required to collect actual data about the number of contractor employees, instead of relying on crude guesstimates, and use federal employees to the maximum extent practicable for work closely associated with inherently governmental functions. In future years, agencies cannot outsource work performed by federal employees unless they are also taking actions to insource commercial functions performed by contractors. These requirements are being implemented at the Defense Department.

“AFGE appreciates the leadership of Chairman Durbin and Senator Mikulski in seeing the importance of contracting out reform,” said AFGE President John Gage.

AFGE Files Unfair Labor Practice Complaints against All 53 EEOC Field Offices: AFGE’s National Council of EEOC Locals, which represents Equal Employment Opportunity Commission workers, has filed 53 unfair labor practice complaints with the Fair Labor Relations Authority, after the agency required the employees to complete a certain number of case closures by Sept. 30 as a way to reduce the backlog despite staffing shortages. The employees will be punished if they fail to meet the production quotas. “This is an irresponsible reaction to the backlog crisis,” said Council President Gabrielle Martin. “Management waited until the fourth quarter to raise the number of discrimination cases EEOC employees must shut down. Hopefully, these ULPs will stop cases from being dumped at the end of the year, which is unfair both to the public and EEOC employees.”

Currently, the EEOC is inundated with a backlog of cases due to staff-shortages, increased filings, its emphasis on systemic cases and EEOC expanding enforcement authority to three new laws. Last month the Senate Appropriations Committee Report for EEOC said it was disturbed that the issue has not been addressed in a systematic or strategic manner and that there is a lack of leadership response and will at the EEOC to adequately address this problem, which could affect the ability of the EEOC to promote equal opportunity at the workplace. In fact, for fiscal 2009 Congress directed EEOC to produce a comprehensive plan for backlog reduction.

“Now, two fiscal years later the EEOC’s plan is to pressure staff to rush the cases or face negative consequences,” Martin said, adding that a better way for the EEOC to address the backlog, rather than violating overtime laws or dumping cases, is to improve the bottlenecked intake process. AFGE has offered an intake plan, as part of a top 10 list to the EEOC Chair. However, almost one year later, the plan is still under review, despite the need to implement it in time for the start of the new fiscal year on October 1.

AFGE Win Leads to Reinstatement of D.C. Paramedic: AFGE recently won reinstatement and full back pay for a D.C. paramedic removed from her position for allegedly failing a medical exam. The union believed the employee was removed in retaliation for her request for workers’ compensation for a serious workplace injury. The union argued that the agency violated a D.C. law when it failed to conclude its disciplinary action investigation within 90 days after it received the exam results but instead dragged it on for almost a year, creating a long period of stress for the employee. Siding with AFGE, the arbitrator ordered the agency to reinstate the employee and award her back pay. The agency, however, is appealing the decision. The employee is a member of AFGE Local 3721.

AFGE Members Win $11,300 Settlement from the Air Force: AFGE Local 1547 recently won a settlement from the Air Force, Luke Air Force Base, after the agency violated a Memorandum of Understanding regarding performance award. The settlement requires that the Air Force pay more than $11,300 in back pay spread out among 23 employees who had not been given the proper performance award.  

Connect with AFGE on Twitter, Facebook, YouTube: Tweet us, Friend us, Watch us. With the help of social media, you can connect to AFGE whenever, wherever. Watch us on YouTube or join in the conversation on Twitter and Facebook.

FEEA Helps Federal Employees: Federal Employee Education and Assistance Fund’s Scholarship and Emergency Assistance programs have provided a combined total of more than $17 million over the last 24 years.  Almost half of these funds have come from individual donations made by federal employees during the Combined Federal Campaign using FEEA CFC #11185 on their pledge cards.  To learn more about how FEEA uses your CFC donation visit http://www.feea.org/CFC.  

Inside Government: Tune in now to AFGE’s radio show Inside Government to get an inside look at the Merit Systems Protection Board and AFGE’s fight to save jobs at the Defense Finance and Accounting Service. The show, which originally aired on Friday, July 30, is now available on demand. Merit Systems Protection Board Chairman Susan Grundmann shed light on MSPB’s mission and future goals, including its upcoming research agenda and work with good government groups. AFGE 6th District National Vice President Arnold Scott then discussed the Defense Finance and Accounting Service’s attempts to fire employees with low credit ratings. Scott also explored AFGE’s options to fight the initiative. Also on the show, Andrew McAfee, author of “Enterprise 2.0: New Collaborative Tools for Your Organization’s Toughest Challenges,” addressed how Web 2.0 and information technology can improve productivity and lead to organizational success. McAfee also provided tips to effectively use social media tools such as Facebook and Twitter. Lastly, Hooks Book Events President Perry Hooks revealed HBE’s upcoming author schedule and new online workshop, Deepen the Conversation.

Listen LIVE on Fridays at 10 a.m. on 1500 AM WFED in the D.C. area or online at www.federalnewsradio.com. For more information, please visit www.insidegovernmentradio.com.