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Department of Labor

The Department of Labor fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements.

In carrying out this mission, the Department administers a variety of Federal labor laws including those that guarantee workers' rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support. (DOL's mission statement)

Perhaps you are working for the DOL or interested in working for the DOL. Here is a forum to share your experience with the DOL.

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mountaincobra1971  
#1 Posted : Friday, March 15, 2019 12:32:03 PM(UTC)

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I was recently interviewed for a GS position and thought that the people conducting the interview should have recused themselves from this process. Three people out of 4 are mentioned in my MSPB Appeal pending due to a lack of quorum. I do Not think that these people should be judging my resume or asking questions knowing that an MSPB Appeal is pending against them.
FS0201  
#2 Posted : Friday, March 15, 2019 5:15:15 PM(UTC)
FS0201

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Originally Posted by: mountaincobra1971 Go to Quoted Post
I was recently interviewed for a GS position and thought that the people conducting the interview should have recused themselves from this process. Three people out of 4 are mentioned in my MSPB Appeal pending due to a lack of quorum. I do Not think that these people should be judging my resume or asking questions knowing that an MSPB Appeal is pending against them.


What is your appeal regarding? Just because there is an an appeal against the agency that they were involved in, doesn’t mean they can’t still do their jobs. If you think the outcome is inappropriate on some appealable/grivable grounds, move forward with another complaint.
The excuse of, "I read it on FederalSoup..." won't work. Please do your due diligence.
mountaincobra1971  
#3 Posted : Saturday, March 16, 2019 6:13:48 AM(UTC)

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If the board members have been named in previous complaints to DOL and are currently named in an ongoing appeal, they should have recused themselves from any interview panel. Allowing any interview panel with 3 people mentioned in an ongoing complaint does not make sense. How can any agency say that this is a fair process?
frankgonzalez  
#4 Posted : Monday, March 18, 2019 3:11:14 AM(UTC)
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Originally Posted by: mountaincobra1971 Go to Quoted Post
If the board members have been named in previous complaints to DOL and are currently named in an ongoing appeal, they should have recused themselves from any interview panel. Allowing any interview panel with 3 people mentioned in an ongoing complaint does not make sense. How can any agency say that this is a fair process?
An appeal to the MSPB Board says you have already lost at the ALJ level. With that, it would mean at least one ALJ found you were not the winner in this case, and so why should they recuse themselves because YOU decided to appeal the ALJ's decision? If a senior manager is named in an action, you could shut down all hiring and other actions if they used the standard you wish to impose. As your case is official against the agency and not them personally (they are treated as witnesses not defendants), if you believe you were not hired as a result of reprisal, then file your new complaint with MSPB. Of course, if they can show you are not substantially better than the selectee (or more to the point...if you can't show you are substantially better than the selectee), then your complaint may not go very far.

You should have voted Cthulu...the greatest of all Evils
mountaincobra1971  
#5 Posted : Monday, March 18, 2019 3:30:46 PM(UTC)

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So if the person who was on the interview panel is under investigation as I write this post and he is also within my MSPB Appeal, you are saying he can legally judge my resume, ask questions at an interview board and then recommend that I not be selected. The guy has be involved in personally blocking me out of positions since 2006. In 2010 I challenged a position I was chosen for and removed while I in process for a GS position because this same guy listen to somebody challenging my VA disability rating. I received an apology for 17 errors during the posting of the job announcement until the end of my complaint heard by DOL. The judge was an administrative judge and stated that he could not award any compensation. Within 18 months I applied again and was not chosen for a position that this same person was involved in the hiring process. The Army conducted an investigation in 2012 and I filed a FOIA request to gain copies of the investigation. Three years later after the complaint was closed by OSC, the Army provide a summary of the investigation but said, the investigation was lost along with all board notes and documents. Nobody was punished. In 2014 the same individual claimed he was the hiring authority for a job he says he was directed to only choose a candidate within the GS system. So the job announcement was open to all, it was never designated for GS employees within the system. When my MSPB Appeal went forward it was trapped between President Obama's administration and President Trump's current administration. The MSPB appeal did Not include emails showing that I was fully eligible and a 70% disabled veteran. You would think between January 2016 and now, the Army would have tried to fix the situation. Despite over 100 emails with evidence to the Army IG and the CSA and Secretary of the Army, the Army has done nothing! In January 2019, at least 5 people were hired with no job announcements and veterans who have waited for 10 or more years are expected to stand by and do nothing! Lastly in 2010, a Judge was told in writing and verbally with Army lawyers present that I was told that when I filed a complaint in 2010, it would be held against me in future hirings. Now if the Judge kept the tapes and letters were I stated this then it proves that because of that 2010 complaint the Army has blocked me from fair hiring for going on 9 years. Do you think this is right! Veterans don't think so!
frankgonzalez  
#6 Posted : Tuesday, March 19, 2019 3:03:11 AM(UTC)
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Originally Posted by: mountaincobra1971 Go to Quoted Post
So if the person who was on the interview panel is under investigation as I write this post and he is also within my MSPB Appeal, you are saying he can legally judge my resume, ask questions at an interview board and then recommend that I not be selected. The guy has be involved in personally blocking me out of positions since 2006. In 2010 I challenged a position I was chosen for and removed while I in process for a GS position because this same guy listen to somebody challenging my VA disability rating. I received an apology for 17 errors during the posting of the job announcement until the end of my complaint heard by DOL. The judge was an administrative judge and stated that he could not award any compensation. Within 18 months I applied again and was not chosen for a position that this same person was involved in the hiring process. The Army conducted an investigation in 2012 and I filed a FOIA request to gain copies of the investigation. Three years later after the complaint was closed by OSC, the Army provide a summary of the investigation but said, the investigation was lost along with all board notes and documents. Nobody was punished. In 2014 the same individual claimed he was the hiring authority for a job he says he was directed to only choose a candidate within the GS system. So the job announcement was open to all, it was never designated for GS employees within the system. When my MSPB Appeal went forward it was trapped between President Obama's administration and President Trump's current administration. The MSPB appeal did Not include emails showing that I was fully eligible and a 70% disabled veteran. You would think between January 2016 and now, the Army would have tried to fix the situation. Despite over 100 emails with evidence to the Army IG and the CSA and Secretary of the Army, the Army has done nothing! In January 2019, at least 5 people were hired with no job announcements and veterans who have waited for 10 or more years are expected to stand by and do nothing! Lastly in 2010, a Judge was told in writing and verbally with Army lawyers present that I was told that when I filed a complaint in 2010, it would be held against me in future hirings. Now if the Judge kept the tapes and letters were I stated this then it proves that because of that 2010 complaint the Army has blocked me from fair hiring for going on 9 years. Do you think this is right! Veterans don't think so!
I wouldn't throw the "Veterans don't think so!" around so easily. I'm a disabled vet myself, and without further information (ie not just from you), I have no clue if you were discriminated against or not.

You keep using the term appeal. Have you had a hearing with a MSPB ALJ yet? Or are you waiting for a quorum at the MSPB to hear your appeal of the ALJ's decision? With what you described, it appears the hiring manager doesn't like you personally. Not illegal. If they hire someone who is also a veteran (especially if they are 30% or higher rated disabled vet), then you have little to no claim of a violation. But keep fighting the uphill battle until you die. Me? I settled my non-selection complaint when the agency realized they were in a weak position, but I also spent my time finding an equivalent promotion elsewhere (and ended up at a better agency!) while prosecuting my case. If they didn't want me...fine. I'll look elsewhere. If a judge already told me I couldn't be awarded any compensation, then I'd cut my losses and move on.

You should have voted Cthulu...the greatest of all Evils
DroneBee  
#7 Posted : Saturday, March 23, 2019 7:41:35 AM(UTC)

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Originally Posted by: mountaincobra1971 Go to Quoted Post
I was recently interviewed for a GS position and thought that the people conducting the interview should have recused themselves from this process. Three people out of 4 are mentioned in my MSPB Appeal pending due to a lack of quorum. I do Not think that these people should be judging my resume or asking questions knowing that an MSPB Appeal is pending against them.


An MSPB appeal is not against individuals, but the agency.
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