CASE RESULTS

Obtained disability retirement and a cash settlement for a postal employee, thus allowing him to relocate from Florida to New York to be with his family in order to recover from a medical condition.

Achieved reinstatement of a Federal Air Marshall with full back pay and benefits for a total compensation of over $100,000 after his termination.

Obtained reversal of a denial of disability retirement for a postal employee by the OPM, plus attorneys fees from the MSPB.

More Case Results

DoD Issues New Furlough Policies; FDA Won’t Furlough

Posted on June 18th, 2013 No Comments

As DoD prepares to launch in early July what will be the largest number of furloughs among agencies imposing them—the latest count now stands at about 650,000—components are issuing guidance on various special considerations. For example, memos state that organizations may not transfer any work from civilian employees to contractors or use overtime to make up for lost work. Overtime in general is to be limited tightly, they say, and employees can be recalled from furlough but only in emergencies involving the health, safety or security of people or property. Further, in the words of one representative memo from the Army, “Organizations are reminded that furloughed employees are prohibited from working on-site or on a telework basis on furlough hours/days, and furloughed employees may not substitute paid leave or other paid time off for furlough hours/days.” Meanwhile, the FDA has become the latest agency to announce that it won’t need to impose furloughs through this fiscal year, using hiring restrictions and deferring some expenses.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8335****

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Glimmer of Hope Offered on 2014 Raise

Posted on June 5th, 2013 No Comments

Several developments in Congress offer hope that a federal employee raise will be paid in January 2014, and that it might even be higher than the 1 percent the White House has recommended. The House Appropriations Committee has begun drafting spending bills for the upcoming fiscal year that do not specifically include money to pay a raise but don’t rule one out, either. Last year by this time the House had voted as part of a budget outline and as a freestanding bill to continue the pay freeze through 2013 and the appropriations bills it drafted specifically denied any raise. This year there has been no such separate bill for 2014, the budget outline is silent on a raise, and the early appropriations bills similarly are neutral: they say that if a raise is paid, the cost would have to be absorbed out of each agency’s general funding accounts. The White House proposed a 1 percent raise for both federal and military personnel in January, but a House Armed Services subcommittee has recommended increasing the military raise to 1.8 percent, the figure indicated by a labor cost index measure to which both military and federal employee raises are supposed to be linked. There likely will be calls for increasing the federal employee raise to the same figure in the name of pay parity. That was the practice for many years but has been abandoned more recently, with military personnel continuing to receive raises the last three years while federal salary rates have been frozen; also, in 2010 federal employees did get a raise but military personnel received a larger one.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8287****

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Several Key Proposals for Employees at Stake

Posted on May 20th, 2013 No Comments

The House and Senate budget resolutions differ in many ways affecting federal employees. Most notably, the House plan calls for a 10 percent reduction in the workforce through attrition and for equalizing the employer and employee contributions toward federal retirement benefits, which would mean about a 5.5 percent of salary increase in the employee share. The House plan also calls for ending the student loan reimbursement program for federal workers and the FERS “special retirement supplement” for those retiring after this year. The Senate plan contains no parallel provisions. If the House and Senate don’t move toward a compromise, the House may move ahead and vote on a separate bill called a reconciliation bill to enact its plan’s savings targets, as it did with similar proposals last year. Those proposals never became law, however, because the Senate did not act on that bill.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8287****

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Many Questions Unanswered

Posted on May 3rd, 2013 No Comments

Another question which OPM has not settled is whether members of Congress and their staff stand to lose the employer contribution toward premiums, which is worth about 70 percent of the total in FEHB, by switching to the exchange system. Some read the law as meaning that will happen. That prospect has drawn attention recently on Capitol Hill, with some suggestions circulating that Congress would change the law so that they could remain in FEHB after all. That in turn revived the prior debate and led to the new proposal, sponsored by House Ways and Means Committee chairman David Camp, R-Mich., and the head of that panel’s subcommittee on health, Rep. Kevin Brady, R-Texas. Their bill leaves many unanswered questions, including what would happen to the employer contribution toward premiums, the effective date, how coverage and premiums in the new plans would compare to those under FEHB, and more. It would have to pass through numerous congressional committees over the objections of federal employee organizations.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8267****

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Some Growth in Employment Projected

Posted on April 15th, 2013 No Comments

As measured by full-time equivalent positions, the budget projects an increase of 6,100 over the estimated 2013 total of 1,128,800; the 2012 actual was 2,090,700. The biggest gainer would be VA, up 8,200, mainly for medical care, and Treasury, up 5,600, mainly for increased tax compliance efforts at its subcomponent IRS. Other increases are targeted for food safety, financial regulation, and opening prisons under construction. Meanwhile Defense would be down by about 12,200 and Agriculture by about 1,700. Almost all other agencies would be virtually flat or down slightly. Many agencies, most notably DoD, have imposed general hiring freezes due to sequestration and have said they expect to keep those restrictions in place indefinitely due to expectations of their budgets moving forward.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8235****

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Some Budget Issues Settled, Others Continuing

Posted on March 29th, 2013 No Comments

Political leaders have wrapped up work on the budget for the current fiscal year, nearly six months into it, with enactment of a catchall spending measure that among other things cancels the 0.5 percent federal employee raise that otherwise would have started in April. The measure also avoids the threat of a partial government shutdown but generally leaves in place sequestration cuts that threaten employees of many agencies with unpaid furloughs starting in the upcoming weeks. The measure did allow some shifting of funds in some agencies; how that will affect furlough planning is largely still to be seen. DoD is reviewing whether it will need to impose the full 22 days it has been projecting, and for the meantime it put off planned issuance of notices by three weeks, to April 5; that means furloughs could start there no sooner than early May. Another provision was designed specifically to prevent furloughs of Agriculture food inspectors.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8215****

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New House Budget Plan Has Familiar Look

Posted on March 20th, 2013 No Comments

The House Budget Committee this week is set to approve a budget plan for fiscal 2014 that repeats several proposals affecting federal benefits from prior years. They include requiring equal contributions by employees and the government toward CSRS or FERS retirement benefits—meaning an increase in the employee share of about 5.5 percentage points–and a 10 percent reduction of the workforce by attrition over two years. One notable difference, is that while similar prior plans also called for extending the salary rate freeze by several more years, the new one doesn’t. However, it similarly calls federal employees over-compensated, and it would require savings to be achieved in compensation, beyond the retirement contributions increase, that the House might try to achieve by extending the freeze beyond this year. The Senate has promised a plan of its own this year, one that is not expected to contain similar provisions. The two chambers would then hold a conference with the goal – but no guarantee — of producing an agreement that would act as the blueprint for later spending bills. The White House has said that its budget plan, which likely will not be released for several more weeks, will ask for a 1 percent employee pay raise in January 2014.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8197****

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Continued Funding Means Loss of April Raise

Posted on March 14th, 2013 No Comments

While planning for fiscal 2014 has begun, Congress is still finalizing work on the current year budget. The Senate is set to join the House in preventing the 0.5 percent pay raise for federal employees scheduled to take effect after a current temporary funding bill expires two weeks from today (March 27). The House earlier voted as part of a new continuing funding bill to block the raise, and while employee organizations had been hopeful that the Senate would take a position in favor of allowing the raise, the Senate version also would continue the salary rate freeze, for what would be the third full year. The measures are needed to prevent a partial government shutdown once the current funding authority expires. They generally fund agencies at the lower levels required by sequestration through September, while adding funds in some areas and allowing more shifting of money among some accounts. It’s unclear whether those moves will be sufficient to prevent or soften furloughs expected in many agencies due to the sequester.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8196****

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More Steps Lie Ahead

Posted on March 6th, 2013 No Comments

Agencies have been notifying unions that they expect to conduct furloughs, triggering bargaining that the unions say they will pursue aggressively and that agencies say they will honor. While negotiations cannot stop a furlough, they can affect the “impact and implementation” — meaning details such as timing of furloughs, whether certain employees would have first choice in which days they would have to take off, adjustments to expectations of how much work employees should be getting done, and similar issues. Bargaining would be conducted at both the national and local levels. It’s uncertain how long such negotiations will last and what will happen if the two sides hit an impasse — over either what is or isn’t negotiable, or on the terms of an issue that definitely is negotiable. Such impasses could be referred to the FLRA, but since management would be facing a budget cut, it might go ahead with its decision and accept the consequences of it being found to commit an unfair labor practice.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8171****

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Budget Cycle Starting Late

Posted on February 18th, 2013 No Comments

The delay from early February to mid-March in submitting the annual White House budget proposal—which officials attribute to the series of budgetary uncertainties in recent times—will cause Congress to act more quickly than usual, possibly a sign that it will fall back on familiar proposals regarding federal employees. The first step in Congress after receiving that document is to prepare a budget outline, called a resolution, that is supposed to pass each chamber by April 15. The House has been doing that regularly and the Senate has said that it will do so this year for the first time in four years—due, in part, to language in the recently enacted debt ceiling relief law that would hold their salaries in escrow until they did pass such a measure. The past two House budget resolutions have proposed extending the federal salary rate freeze, requiring all employees to contribute about 5 percent more of salary toward retirement, and reducing the workforce by 10 percent through attrition. Similar proposals could be made this year, since the leadership of the key House committees is the same and the fiscal situation is more difficult, if anything.

****Source Article: http://www.fedweek.com/item-view.php?tbl=6&ID=8154****

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