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GSBS  
#1 Posted : Friday, May 25, 2018 10:07:34 PM(UTC)
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WASHINGTON (AP) -- President Donald Trump on Friday signed a trio of executive orders to overhaul the federal bureaucracy by making it easier to fire federal workers for poor performance and misconduct, requiring that departments and agencies negotiate better union contracts and limiting the amount of time certain federal workers can spend on union business.

Labor unions immediately criticized the moves.

"These executive orders will make it easier for agencies to remove poor performing employees and ensure that taxpayer dollars are more efficiently used," Andrew Bremberg, Trump's chief domestic policy adviser, told reporters at a briefing. Bremberg said the orders fulfill Trump's promise to "promote more efficient government by reforming our civil service rules."

Bremberg said surveys of federal employees show the vast majority do not believe their poor-performing colleagues are adequately handled by their agencies.

The executive orders signed by Trump call for:

—Negotiating smarter contracts with federal employee unions. Agencies are also encouraged to wrap up labor negotiations in less than a year to limit the cost of "drawn-out" bargaining.

—Renegotiating contracts to limit to 25 percent the amount of time federal employees who are authorized to work on behalf of a labor union can spend on union business during work hours. The order cuts back on lobbying or pursuing grievances against an agency on taxpayer-funded union time. Agencies will also be able to collect rent from employees who use federal office space for union business. The administration says these and other changes will save taxpayers at least $100 million annually.

—Streamlining the length of time it takes to terminate a federal worker for poor performance or misconduct. Administration officials said the process currently takes between six months and a year, and can last longer if the dismissal is appealed.

The American Federation of Government Employees immediately criticized the moves as an attempt by Trump to strip federal employees of their right to representation in the workplace. The union said it represents 700,000 workers in the federal government and the District of Columbia.

"This is more than union busting. It's democracy busting," said J. David Cox Sr., the union's national president. "These executive orders are a direct assault on the legal rights and protections that Congress has specifically guaranteed to the 2 million public-sector employees across the country who work for the federal government."

Cox said workers will be deprived of their rights to address a host of workplace issues, ranging from sexual harassment to retaliation against whistleblowers to improving on-the-job health and safety.

He said union representatives have used official time in ways that benefit taxpayers, including exposing management's attempt to cover up an outbreak of Legionnaires' disease that killed and sickened veterans in Pittsburgh and speeding up the processing of benefits to veterans and their survivors.
SD Analyst  
#2 Posted : Saturday, May 26, 2018 5:31:22 PM(UTC)
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It's more than just "easing firing." It's an attempt to end collective bargaining in the Federal sector.

From the Govexec.com article:
President Signs Executive Orders Targeting Unions

"The order stipulates that union officials can spend no more than 25 percent of their work hours on official time. Additionally, it stipulates that official time can no longer be used to lobby Congress or to represent employees who have filed a grievance or are appealing an adverse personnel action, and it orders agencies to charge rent for union use of federal office space and cease covering expenses for official time-related travel."

It also directs all Agencies to renegotiate any Collective Bargaining Agreements within a year to incorporate these changes.
thanks 2 users thanked SD Analyst for this useful post.
GWPDA on 5/26/2018(UTC), GSBS on 5/26/2018(UTC)
DroneBee  
#3 Posted : Thursday, June 21, 2018 9:12:23 AM(UTC)

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All government employees should read:

https://www.whitehouse.g...merit-system-principles/

- no more progression of penalties - "not be required to use progressive discipline"
- no more "like" treatment for penalties - "Conduct that justifies discipline of one employee at one time does not necessarily justify similar discipline of a different employee at a different time"
- no suspension required prior to removal - "Suspension should not be a substitute for removal in circumstances in which removal would be appropriate"
- no more only relative misconduct - "all past misconduct — not only similar past misconduct"
- decisions within 15 days - "agencies should issue decisions on proposed removals taken under chapter 75 of title 5, United States Code, within 15 business days of the end of the employee reply period"
- advanced notice of only 30 days - "limit the written notice of adverse action to the 30 days"
- no more 5 USC 43 for performance issues - "The removal procedures set forth in chapter 75 of title 5, United States Code (Chapter 75 procedures), should be used in appropriate cases to address instances of unacceptable performance" - 5 USC 75 is easier for the agency.
- probationary employee is not really an employee, but still within the hiring phase - "A probationary period should be used as the final step in the hiring process of a new employee"
- no protection of time for RIFs - "agencies should prioritize performance over length of service when determining which employees will be retained following a reduction in force"
- no resignation instead of removal as a settlement - "Agencies shall not agree to erase, remove, alter, or withhold from another agency any information about a civilian employee’s performance or conduct in that employee’s official personnel records, including an employee’s Official Personnel Folder and Employee Performance File, as part of, or as a condition to, resolving a formal or informal complaint by the employee or settling an administrative challenge to an adverse personnel action"

Beware all!!! God Speed.

GWPDA  
#4 Posted : Thursday, June 21, 2018 12:27:18 PM(UTC)
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I'm not a lawyer and I'm not that smart, but even I can spot about eleventy-nine different legal actions arising from this little treasure. Every labor and employment lawyer in the country should get set to sue.
Hawaiiannative  
#5 Posted : Friday, June 22, 2018 7:08:45 AM(UTC)
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All this will do, is make it easier to get rid of the whistleblowers.

The real culprits will continue.

At least, it will end years of dealing with retaliation. The whistleblowers will have their career over much faster.
thanks 1 user thanked Hawaiiannative for this useful post.
DroneBee on 6/22/2018(UTC)
DroneBee  
#6 Posted : Friday, June 22, 2018 9:44:41 AM(UTC)

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Originally Posted by: GWPDA Go to Quoted Post
I'm not a lawyer and I'm not that smart, but even I can spot about eleventy-nine different legal actions arising from this little treasure. Every labor and employment lawyer in the country should get set to sue.


True, but unfortunately for those who will be fired (quickly due to this EO), years will pass before any decisions are made. The MSPB has no quorum still - so cases are backlogged at least 3 years today. The EEOC is horrendous. And now there will be no settlements just to clear the record.

Everyone working for the government that has a boss that hates him/her (for whatever reason - it could even be jealousy - should be praying). God Speed All!

Endless Summer  
#7 Posted : Friday, June 22, 2018 1:51:48 PM(UTC)
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With what I'm seeing at my agency, this is long overdue. It's well past time to thin the herd.

FatHappyCat  
#8 Posted : Saturday, June 23, 2018 3:56:09 AM(UTC)

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Fortunately, Trump's bark is worse than his bite.

These things are like the tide - super friendly one administration, super hawkish the next, then back to square one...
Endless Summer  
#9 Posted : Saturday, June 23, 2018 5:07:21 AM(UTC)
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Originally Posted by: FatHappyCat Go to Quoted Post
Fortunately, Trump's bark is worse than his bite.

These things are like the tide - super friendly one administration, super hawkish the next, then back to square one...


Exactly, things like this have a momentum that means they cannot be changed on a whim. Minor course corrections are about the most that can be done.
DroneBee  
#10 Posted : Sunday, June 24, 2018 6:45:15 PM(UTC)

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Originally Posted by: Endless Summer Go to Quoted Post
Originally Posted by: FatHappyCat Go to Quoted Post
Fortunately, Trump's bark is worse than his bite.

These things are like the tide - super friendly one administration, super hawkish the next, then back to square one...


Exactly, things like this have a momentum that means they cannot be changed on a whim. Minor course corrections are about the most that can be done.


Hmmm.... you are not familiar with Trump's law regarding the VA - this EO is just a follow-on to the VA law. The VA has fired over 900 employees this year alone because of this law.

https://www.va.gov/accountability/

The unions will be eliminated as the government will move to performance-based (NSPS-ish) systems.

God Speed All!
FatHappyCat  
#11 Posted : Sunday, June 24, 2018 8:32:12 PM(UTC)

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I would actually buy into that had 1 - the downsizing of the VA didn't start during the Obama era after decades of mismanagement and 2 - any other government agency followed suit and exercised their discretion.
Endless Summer  
#12 Posted : Monday, June 25, 2018 12:34:29 AM(UTC)
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Originally Posted by: DroneBee Go to Quoted Post
Originally Posted by: Endless Summer Go to Quoted Post
Originally Posted by: FatHappyCat Go to Quoted Post
Fortunately, Trump's bark is worse than his bite.

These things are like the tide - super friendly one administration, super hawkish the next, then back to square one...


Exactly, things like this have a momentum that means they cannot be changed on a whim. Minor course corrections are about the most that can be done.


Hmmm.... you are not familiar with Trump's law regarding the VA - this EO is just a follow-on to the VA law. The VA has fired over 900 employees this year alone because of this law.

https://www.va.gov/accountability/

The unions will be eliminated as the government will move to performance-based (NSPS-ish) systems.

God Speed All!


According to Wikipedia, the VA employs 377,805 people. 900 people equals .2%... a minor course correction. And how many of those 900 were "fired" versus normal attrition?

King_Fed  
#13 Posted : Tuesday, June 26, 2018 10:50:01 AM(UTC)
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Originally Posted by: Endless Summer Go to Quoted Post


According to Wikipedia, the VA employs 377,805 people. 900 people equals .2%... a minor course correction. And how many of those 900 were "fired" versus normal attrition?



I don't want to get into the mud, but I'll say .2% is nothing unless it is you, your family, or friends...

And to stay on topic: I came from outside gov't after being private sector for a long time... military before that.

I've seen many "problem" people in gov't... couple needed to be fired.

Some needed a new supervisor since their supv was not good. A bad supervisor can torpedo a person -- I have so many stories. I think we have to be careful on who we fire. I've always received awards and other perks for my job performance but with the wrong department (supv/dir/etc.), I'm sure that could change.

What am I saying? We should ensure we are trying to help people before assuming they are the "bad apple" as explained by management/supervisors. Being a supervisor means learning how to manage people who you don't "get along with" or "might not like you", etc. It is not about you, but the mission.

Some gov't supv don't have proper training to build groups/people.

Easier to torpedo the person you don't like vs. growing as a supv. or manager.

Edited by user Tuesday, June 26, 2018 10:53:41 AM(UTC)  | Reason: Not specified

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SD Analyst on 6/27/2018(UTC)
DroneBee  
#14 Posted : Wednesday, June 27, 2018 11:37:07 AM(UTC)

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Originally Posted by: Endless Summer Go to Quoted Post


According to Wikipedia, the VA employs 377,805 people. 900 people equals .2%... a minor course correction. And how many of those 900 were "fired" versus normal attrition?



The VA charts can be found at
https://va.gov/accountability/

For 2017, there were 1,484 removals, 86 demotions, and 488 long suspensions: https://www.va.gov/accou...Report_2017_050418_1.pdf

Note: "Removals, regular and terminations during probationary trial period."

For 1/2018-4/2018, there were 912 removals, 36 demotions, and 26 long suspensions: https://www.va.gov/accou...lity_Report_060718_1.pdf

Note: "Removals (does not include probationary)."

Yikes!

Edited by user Wednesday, June 27, 2018 11:39:28 AM(UTC)  | Reason: Not specified

Hawaiiannative  
#15 Posted : Wednesday, June 27, 2018 2:50:30 PM(UTC)
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My opinion on this is that the lowest level employees are going, WG, not supervisors, who are the ones who do retaliation.

I won't go into details, but it is a crock of garbage. It is the same cluster that it has always been. Only now, rah, rah, we FIRED SOMEONE! Wow, now show how many GS-13 and above were fired.
CharlesDMOS  
#16 Posted : Thursday, June 28, 2018 6:20:38 AM(UTC)
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So just because some people might not follow the law, don't have the law at all?

The fact is, there are some horrible people working in the federal government and they need to get lost and off the payroll faster than it took you to read this post.

Some people are at home on administrative leave because of misconduct, corruption, incompetence, etc., enjoying the good life, getting their full salary and benefits, and doing absolutely NOTHING, while you're slogging through the worst traffic in the country to get to work and do your 8, 9 10, or whatever hours each and every day, without so much as a thank you or "good job"...because of some administrative morass or boondoggle stupidity.

Something has to be done and pronto...not nothing, status-quo. Keep your nose clean and do your job and you don't have to be scared about this law.

old fed  
#17 Posted : Tuesday, July 24, 2018 11:32:41 AM(UTC)
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https://www.washingtonpo.../?utm_term=.ee3cbb61067e

this article is from 7/17 but a house panel has approved two bills to speed up disciplinary process and restrict appeal rights.
Savvyldy  
#18 Posted : Thursday, July 26, 2018 10:02:38 AM(UTC)
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Easier to torpedo the person you don't like vs. growing as a supv. or manager.

I like your thinking.....
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