AFGE Week in Review

August 25, 2008

 

AFGE Week in Review (Aug. 25, 2008)

TSA Settles Wrongful Firing Case for $80,000: The Transportation Security Administration (TSA) this month agreed to pay $80,000 to settle a charge that it wrongfully fired an employee for participating in union activities four years ago.

Under the settlement agreement, TSA will pay $80,000 to John Gavello, an Oakland Airport Transportation Security Officer (TSO), and the American Federation of Government Employees (AFGE) Local 1 for back pay and attorney's fees. TSA will also expunge from Gavello's employment record any reference to his removal. This settlement is significant because TSA has argued throughout the case that it was not obligated to pay back pay to employees even when they are wrongfully fired.

TSA's decision to settle the case comes after the agency lost a historic court battle in which the Court of Appeals for the Ninth Circuit reversed the lower court's decision when it ruled last September that Gavello had a right to sue TSA for violation of his constitutional rights, including the rights of free speech and association.

AFGE Responds to Air Force's Court Request to Dismiss Military Uniform Case: AFGE this month responded to the Air Force's request for the court to dismiss a lawsuit brought against the agency by AFGE for requiring civilians to wear military uniforms. The Air Force last year issued a new rule requiring dual-status air reserve technicians (ARTs) to wear military uniforms while in a civilian status. Air reserve technicians are civilian employees and previously had to wear a military uniform while on military reserve duty only. The new rule requires them to wear their uniforms at all times. AFGE filed a lawsuit against the Air Force in April after the agency refused to withdraw this agency-wide rule. The Air Force in June filed a motion with the court seeking the dismissal of AFGE's charges. In response, the union this month filed a brief arguing that these ARTs are civilians and "the requirement on ARTs represents serious official overreaching, especially in the teeth of actual knowledge that Congress has not authorized the Air Force to impose such a requirement on them."

Veterans Groups Blast White House for Threatening to Veto Funding for Veterans: Veterans groups were outraged by the Bush administration's threat to veto next year's spending bills if Congress fails to find $2.9 billion to offset the increase Congress wants to give to the Veterans Affairs Department to care for veterans. The House early this month passed a 2009 spending bill that would give VA $47.7 billion, which is $4.6 billion above the 2008 level and $2.9 billion more than the White House proposed. The veterans groups wrote to House Speaker Nancy Pelosi July 31 that the administration has under funded its VA budget for many years and that funding for veterans should never be a political lever. The veterans group includes AMVETS, Disabled American Veterans, Paralyzed Veterans of America, and the Veterans of Foreign Wars.

AFGE joined the veterans groups in condemning the White House for continuing to deny proper care and funding for veterans.       

Working Families Mourn Passing of Rep. Stephanie Tubbs Jones: AFL-CIO President John Sweeney Aug. 21 issued the following statement on the passing of Rep. Stephanie Tubbs Jones, D-Ohio.

"We are deeply saddened by the passing of Congresswoman Tubbs Jones. Not only was the congresswoman an unwavering advocate for working people and a proud Democrat, she was widely viewed in labor as one of the nicest and most likable members of Congress, with an easy style and a good heart. Congresswoman Tubbs Jones will undoubtedly be remembered and applauded for her legacy in Congress and for leading a life of "firsts," including one of her proudest achievements, becoming the first African-American woman to serve on one of the most powerful committees in the House of Representatives, the Ways & Means Committee. But she will also be remembered for her good heart, her easy style and for filling rooms with passion and laughter.

On behalf of the working men and women of the AFL-CIO, we extend our condolences and prayers to the family of Congresswoman Tubbs Jones during this most difficult time."

Inside Government: George Lakoff, author of "Don't Think of an Elephant! Know Your Values and Frame the Debate," was a guest on AFGE's radio program "Inside Government" last week. Lakoff analyzed ways progressives can better articulate and frame their values. He also discussed how framing impacted the 2003 California recall election. Also appearing on the show were Eric Bunn, AFGE D.C. Local 2725 president, and Leisha Self, AFGE District 14 legal rights attorney, who addressed the impending terminations of D.C. housing and commercial inspectors.

Inside Government airs every Friday at 10 a.m. EDT nationwide on www.federalnewsradio.com and 1050 AM in the Washington, D.C., area. The one-hour program discusses issues that impact all federal and D.C. government employees. Programs are archived on the Federal News Radio Web site and can be heard on demand (available anytime) at http://www.federalnewsradio.com/?nid=300.

 

 
 

 
 

 
 

I am leaving April 28th in place. Please read below for the newer information. I will add more to this section on ARTs as it becomes available. Thank you for your understanding.

AFGE Week in Review                                                         (April 28, 2008)

AFGE Files Lawsuit against Air Force for Requiring Civilians to Wear Uniforms: AFGE last week filed a lawsuit with the U.S. District Court for the District of Columbia after the Air Force refused to withdraw a rule requiring dual status air reserve technicians to wear military uniforms at all times. Air reserve technicians are civilian employees working full-time along side active-duty personnel. Previously, they had to wear a military uniform while on military reserve duty, but the new rule issued August last year requires them to wear their uniforms every day even while in a civilian status. The Air Force Reserve Command, which issued the regulation, claims that the change is meant to facilitate integration with active duty Air Force and National Guard members. AFGE is arguing that requiring ARTs to wear a military uniform while serving in their civilian capacity improperly upsets settled expectations and confuses military and civilian status. Many union members feel the move is aimed at undermining collective bargaining rights. They also believe the administration may be using the new mandate as a precursory step to convert civilian employees to "active duty" status without providing them the same pay and medical benefits of active duty personnel.

 

 

 

 

AFGE Week in Review (July 28, 2008)

AFGE Calls on Congress to Block DoD's Proposed Personnel Rules: American Federation of Government Employees (AFGE) President John Gage told lawmakers July 22 that the Defense Department defied Congress when it came up with new pay rules that purposely try to evade Congress' mandate for bargaining with labor unions. Speaking at a hearing on pay-for-performance held by the Senate Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, Gage said AFGE has several concerns about the new rules DoD issued in May. These include the disconnection between pay and performance, the requirement that performance ratings be pushed into a bell curve, the elimination of merit consideration in the promotion process, and restrictions on bargaining rights. DoD, for example, has broadened the definition of "rate of pay" to narrow the scope of bargaining. According to a 2008 law, "rate of pay" is non-negotiable, but DoD is required to bargain collectively with the unions over procedures and appropriate arrangements. By adding the phrase "and the conditions defining applicability of each rate" to the definition of "rate of pay," DoD narrows the scope of bargaining because "the conditions" could be interpreted to include the very procedures and arrangements Congress intended DoD to bargain with the unions. This could prevent the unions from bargaining fair and transparent processes for determining performance pay or distributing overtime.

Gage also said DoD should be required to adjust its pay bands in accordance with the nationwide pay adjustment just as grades in the General Schedule system are adjusted annually. Under the proposed rules, DoD has the authority not to make any adjustments at all. AFGE is also concerned that wages will be suppressed over time because supervisors can substitute bonuses for salary increases, which means smaller benefit pensions for employees.

AFGE is urging Congress to block the implementation of these proposed rules as DoD intends to implement these regulations in October, preventing the next administration from reviewing the pay system and making adjustments before it goes into effect.