NTEU e-Bulletin 2/20/07

NTEU e-Bulletin 2/20/07

<http://www.nteu.org/> <http://www.nteu.org/> <http://www.nteu.org/>
Inside this Issue: February 20, 2007
Top Stories: NTEU-Supported Whistleblower Bill Passes House Committee
Headlines: Security Needs Swell Federal Work Force
Get Involved: NTEU Supports LEO Bill for CBP Officers, IRS Revenue Officers
New on NTEU.org: 'Status Call' Highlights NTEU Battle Against Career Intern Program
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Top Stories

NTEU Supports LEO Bill for CBP Officers,
IRS Revenue Officers
NTEU is supporting bipartisan legislation that would give CBP Officers and IRS Revenue Officers the law enforcement officer (LEO) status they deserve.
The Law Enforcement Officers Equity Act (H.R. 1073), introduced Thursday by Reps. Bob Filner (D-Calif.) and John McHugh (R-N.Y.), provides these officers the right to retire at age 50 with 20 years of federal service. A similar bill in the 109th Congress drew 161 co-sponsors.
NTEU has long argued that CBP Officers and IRS Revenue Officers fit the definition of LEO by virtue of the difficult and dangerous work they perform every day. CBP Officers are the nation's first line of defense against terrorism, illegal drugs and contrabands. IRS Revenue Officers often are threatened or assaulted in their efforts to enforce the tax code and collect delinquent taxes.
For more on the bill, click here <http://www.nteu.org/PressKits/PressRelease/PressRelease.aspx?ID=1038> .

NTEU-Supported Whistleblower Bill Passes House Committee
A key House Committee on Wednesday unanimously passed NTEU-supported legislation that would significantly strengthen whistleblower protections-including First Amendment rights-for federal employees.
The Whistleblower Protection Enhancement Act (H.R. 985) would overturn last year's Supreme Court decision <http://www.nteu.org/PressKits/PressRelease/PressRelease.aspx?ID=904> restricting the free speech rights of federal employees who first report their concerns within their agencies. An amendment would allow government whistleblowers to pursue their cases before all federal appeals courts, not only the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.
"Becoming a whistleblower is not an easy decision to make and NTEU is committed to ensuring that adequate protections are in place so federal employees do not face retaliation for reporting on acts of fraud, waste, and abuse in their agencies," said President Kelley, who has long advocated for expanding whistleblower rights for federal workers.
For the complete story, click here <http://www.nteu.org/PressKits/PressRelease/PressRelease.aspx?ID=1037> or visit <www.nteu.org/

President Signs Continuing Resolution Finalizing 2007 Spending Plan
The prolonged 2007 funding debate ended Thursday when the President signed a year-long continuing resolution (CR) that will fund most government agencies through the fiscal year. In past months, Congress has had to extend the CR numerous times after it failed to pass nine of the 11 appropriations bills in the last session. In light of the difficult situation this caused for the new congressional leadership, President Kelley praised lawmakers for addressing serious funding issues at the Social Security Administration and Food and Drug Administration in the resolution.
NTEU is now turning its attention to the portions of the proposed 2008 budget that impact federal employees, including agency funding, the federal pay raise and protection of civil service retirement benefits.
To learn more about the 2007 continuing resolution, click here <http://www.nteu.org/PressKits/PressRelease/PressRelease.aspx?ID=1022> or visit <www.nteu.org/

NTEU Pursues Grievance Over Late DOE Employee Awards
Employees of the Department of Energy (DOE) are slated to receive 2006 performance-based awards in March, more than a month after the Jan. 31 deadline mandated by the NTEU-DOE contract. DOE announced the payout after Congress passed a continuing resolution funding federal agencies through remainder of the fiscal year. NTEU fought hard on Capitol Hill for higher DOE funding and informed members of the Senate and House Appropriations committees of the delayed bonuses. In addition, NTEU filed two grievances against DOE for delaying payments, one of which was invoked for arbitration today. NTEU is still considering its options for addressing DOE's deferral of the awards.

Headlines
Security Needs Swell Federal Work Force
Federal Times, February 14, 2007
The ranks of federal employees will grow again under President Bush's proposed 2008 budget. In all, the budget proposes a net increase of 13,000 employees in 2008.
Much of the hiring would be for homeland and national security programs: border protection, intelligence, military support and counterterrorism, among others.
The Homeland Security Department's Customs and Border Patrol would get money to hire an additional 3,000 Border Patrol agents.
And Customs and Border Patrol would get 300 more CBP officers to manage ports of entry. That number should be several thousand higher to meet staffing needs at ports of entry, said Colleen Kelley, president of the National Treasury Employees Union.
"The relative handful of additional positions for CBP officers contained in this budget proposal pales in comparison to the pressing need for more staffing at the nation's land, air and sea ports of entry," she said in a statement.
For the complete story, click here <http://federaltimes.com/index.php?S=2545669> or visit <http://federaltimes.com/index.php?S=2545669>.

New on NTEU.org computer mouse
'Status Call' Highlights NTEU Battle Against Career Intern Program
NTEU has been hard at work in the courts protecting federal employees from harmful policies and ensuring they get the pay they deserve. These legal battles are highlighted in the latest edition of NTEU's Status Call, now available on NTEU.org <http://www.nteu.org/> . Get the news on NTEU's efforts to bar federal managers from using a hiring program that circumvents traditional merit principles and reduces the chances for current employees to receive promotions. Status Call also covers NTEU's recent success in getting exorbitant fines against Social Security Administration employees withdrawn, as well as NTEU's current efforts to secure higher overtime rates for certain Food and Nutrition Service employees. In addition, IRS and CBP employees can read about ongoing issues NTEU is tackling at their agencies. To read Status Call, click here <http://www.nteu.org/UnionOffice/StatusCall/> or visit <www.nteu.org/
UnionOffice/StatusCall/>.

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NTEU's Mission: To organize federal employees to work together to ensure that every federal employee is treated with dignity and respect.
The NTEU e-Bulletin is a weekly electronic newsletter published by the National Treasury Employees Union for its members. To sign up for the e-Bulletin, unsubscribe or change your subscription preferences, click here <https://www.nteu.org/UnionOffice/ebulletin/subscribe.aspx> or log on to <www.nteu.org/UnionOffice/eBulletin/subscribe>. The NTEU e-Bulletin is a member-only benefit, so members must be registered on the NTEU web site to access this page.
1750 H Street, NW, Washington, D.C. 20006 (202) 572-5500
© 2007 National Treasury Employees Union. All rights reserved.

NTEU Litigation Update

The following are highlights of some of the important litigation developments for October 2006 through January 2007.

Under intense pressure from NTEU, the Inspector General (IG) of the Social Security Administration (SSA) has abandoned its attempt to impose enormous civil monetary penalties, ranging up to $3.5 million, on four employees in SSA’s Office of Disability Adjudication and Review. The IG on January 22, 2007, signed an agreement under which it agreed to not pursue any civil, criminal, or administrative action against the employees in connection with decisions that they drafted at the direction of an administrative law judge. See #48. NTEU is also pursuing a grievance against SSA over this misguided action by the IG. See #27.

On January 24, 2007, NTEU filed a civil action against the Director of the Office of Personnel Management. In this action, NTEU argues that regulations authorizing federal agencies to hire applicants for civil service positions under the Federal Career Intern Program are arbitrary, capricious, and contrary to law. As we point out, the rules give agencies excessively broad discretion to depart from competitive service protections and create a de facto two- or three-year probationary period. NTEU v. Springer, No. 1:07CV00168 (D.D.C.). See #14.

NTEU on January 12 filed a complaint on behalf of a Customs and Border Protection Officer (CBPO) in Presidio, Texas, who has been ordered to resign his seat on the nonpartisan City Council. This order, NTEU alleges, violates the CBPO’s First Amendment rights. We filed a motion for preliminary injunctive relief on January 31, and a hearing is scheduled for
February 27. Ramirez v. CBP, No. 1:07-65 (D.D.C.). See #16.

The Ninth Circuit on January 10 issued a decision holding that it did not have jurisdiction to hear a challenge by the National Association of Agriculture Employees (NAAE) to a unit determination by the Federal Labor Relations Authority (FLRA). The FLRA had concluded that Agriculture Specialists at CBP are not “professional employees” for purposes of inclusion in a
bargaining unit. NTEU participated as amicus to explain that the decision is not subject to judicial review, under long-established precedent. NAAE v. FLRA, No. 06-71671 (9th Cir.).
See #7.

On October 27, 2006, the D.C. Circuit granted NTEU’s petition for review of a decision of the FLRA that had reversed a favorable arbitral award. The FLRA had found that collectively negotiated provisions for time-off awards to IRS employees who volunteer to provide customer service support during tax-filing season are contrary to regulations. The court held that the record was ambiguous as to whether the IRS was obligated to give awards to volunteers performing at substandard levels and remanded the case for further factual development. NTEU Chapters 22, 34 & 60 v. FLRA, No. 05-1405 (D.C. Cir.). See #4.

NTEU has filed two complaints alleging agency noncompliance with the Freedom of Information Act. In a complaint filed on October 19, 2006, NTEU argues that CBP unlawfully failed to release records related to its FY ’05 awards program. NTEU v. DHS, CBP,
No. 06CV01812 (D.D.C.). See #17. In the other case filed on January 19, 2007, NTEU asserts that the IRS unlawfully denied NTEU information regarding its private debt collection initiative. NTEU v. IRS, No. 1:07CV00136 (D.D.C.). See #15.

NTEU on January 17 filed a national grievance alleging that CBP had breached a May 1, 2006 settlement agreement relating to the payment of overtime for training at the Federal Law Enforcement Training Center. CPB failed to process requests for payment and failed to provide written confirmation of payment to NTEU, as required by the agreement. See #26.

NTEU filed its opening brief on January 11 and a reply brief on February 1 in the arbitration over the IRS’s continuing use of a form for external hires containing misleading information about adverse action rights available to employees with more than a year’s continuous service. NTEU is also challenging the denial of due process rights to employees who were terminated during their probationary period but who had a year of continuous service.
See #34.

Further days of hearing were held in November and December in the arbitration over the Federal Deposit Insurance Corporation’s Corporate Success Awards program. We are arguing that the program is administered in a subjective fashion that discriminates on the basis of race, color, and age. Briefs will be filed in March and April 2007. See #35. A similar grievance over the Securities and Exchange Commission’s pay-for-performance system had been fully briefed and is waiting for decision by the arbitrator. See #37.

Grades and Ranks

HRSA’s Bargaining Unit Employees:

Under Article 1 of the DHHS/HRSA-NTEU Collective Bargaining Agreement, NTEU is the exclusive representative of all professional and nonprofessional employees of DHHS/HRSA except management officials, supervisors, summer employees, Commissioned Offices, stay-in-school students, student trainees, interns, employees of the Hansens Disease Center at Carville, Louisiana, and employees described in 5 U.S.C., Section 7112 (b) (2), (3), (4), (6) and (7).

On the question of how Federal Civil Service (GS) Employees and Public Health Service (PHS) Commissioned Corps (CC) Officers are compared equivalently by grade/rank? Please see the equivalency chart on the www.usphs.gov website (Click on “Jobs”, then “Grades Titles and Billets”).

Detailed CC billet descriptions can be found at http://dcp.psc.gov/. Click on “Services” then click on “Billet Information”. Most descriptions include information regarding GS-equivalent series and grade as well as years of experience.

Please direct additional questions to the Union office at 301-443-3377 or via email nteuchapter272@hrsa.gov. Thanks.

NTEU Chapter 272 Informational Series Event, February 6, 2007

HRSA’s Bargaining Unit Employees (BUEs):

You are invited to the upcoming NTEU Chapter 272’s Mini-Informational Series event.

Presenter: Wendy Lucas-Pisman, JD
NTEU National Assistant Counsel/Representative

Topic: “A Focus on Clarification and OPM Classification of Bargaining Unit Employees’ Job Series versus Non-Bargaining Employees’ Job Series at HRSA: What Is Your Bargaining Unit Status?”

Date/Time: Tuesday, February 6, 2007, 11:30a.m. to 12:30p.m.

Where: 3rd Floor Conference Room C, Parklawn Building, 5600 Fishers Lane, Rockville, Maryland.

Limited number of lines will be available only for BUEs in field/regional offices or away from Parklawn Building to participate in the event. BUEs in the fields may group up to call in using the following information:
Teleconference Call In #: 877-675-1732
Passcode: 4618513

Please note that employees may attend this Union event during their non-duty time (i.e., lunch time, annual leave, comp time, credit hours, etc.). Also, employees who would like to attend may make a request to their supervisor, in advance of going to this seminar for what is called a "release time" in Article 16, Section 6 of the parties' Collective Bargaining Agreement (CBA).

Refreshments will be provided, as courtesy of NTEU Chapter 272. If you have any questions regarding the event, please contact the Union office via phone at 301-443-3377 or via e-mail at nteuchapter272@hrsa.gov.

NTEU e-Bulletin

Inside this Issue: January 30, 2007
Top Stories: NTEU Gets Fines Against SSA Employees Dropped
Headlines: With '07 Spending Bills Still Undecided,
Bush Looks Ahead To Deficit Reduction in '08 Get Involved: Help Protect Federal Employee Pensions New on NTEU.org: Read Coverage of NTEU's Battle Against Privatizing Tax Collection
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Top Stories

Help Protect Federal Employee Pensions
NTEU members can play an active role in advancing one of the union's 2007 legislative priorities- correcting unreasonable retiree pension offsets.

NTEU-supported legislation introduced in the House and Senate would address the negative impact of the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP) on federal employee pensions.

The GPO unfairly penalizes recipients of pensions who are also eligible for Social Security based on a spouse's work record. It reduces the spousal Social Security benefit by two-thirds of the amount of the government pension.

Under the WEP, employees eligible for both Social Security and a pension from work not covered by Social Security-such as under the Civil Service Retirement System-are subject to a lower benefit formula when their Social Security benefits are calculated. In fact, WEP reduces benefits by as much as 50 percent.

For more information, click here http://capwiz.com/nteu/issues/alert/?alertid=7320096&type=CO.


NTEU Gets Fines Against SSA Employees Dropped

Four Social Security Administration (SSA) employees faced with fines ranging from $100,000 to
$3.5 million are breathing a sigh of relief as a result of NTEU efforts.

In a sudden reversal of course, the SSA Office of Inspector General (OIG) agreed to forgo legal action against the employees, exonerating them of all charges and from the proposed fines. NTEU also secured maximum protections for these employees from future OIG interviews.
NTEU directly represented two affected bargaining unit employees and a supervisor, and served as amicus curiae for private counsel hired by a fourth employee. In its arguments, NTEU maintained that the employees targeted did nothing wrong and were simply carrying out their job duties as directed by their supervisor.

NTEU's other efforts on behalf of the employees included letters to both the OIG and then-Commissioner Jo Anne B. Barnhart, as well as work with the media and lawmakers to publicize the case.

For the complete story, click here <http://www.nteu.org/PressKits/PressRelease/PressRelease.aspx?ID=1017> or visit <www.nteu .org/PressKits/PressRelease/PressRelease.aspx?ID=1017>.

House Bill Introduced Stopping Tax Debt Privatization

One week after legislation was introduced in the Senate blocking the Internal Revenue Service's (IRS) controversial tax debt privatization program, House lawmakers followed up with their own version of the bill.

Reps. Chris Van Hollen (D-Md.) and Steve Rothman (D-N.J.) on Wednesday introduced a measure that would revoke the congressional authority given to the IRS to hire private sector debt collectors.

The Senate bill, introduced Jan. 18 by Sens. Byron Dorgan (D-N.D.) and Patty Murray (D-Wash.), instructs the IRS to immediately suspend use of private debt collectors and prohibits any future funding for the program.

NTEU has been a staunch opponent of the program, arguing that in-house IRS employees can do the work for less money while safeguarding taxpayer privacy.
For more on NTEU's battle against private tax debt collection, visit www.nteuIRSwatch.org <http://nteuirswatch.org/> .


NTEU Files Suit Against Federal Intern Program

NTEU is challenging a federal program that undermines competitive hiring procedures and reduces the chances for promotions for current government employees.

The Federal Career Intern Program (FCIP), used widely throughout the government, allows agencies to hire interns for almost any entry-level position without posting job vacancies internally or on the Office of Personnel Management's (OPM) public web site.

In a lawsuit filed Wednesday, NTEU argues that the FCIP is illegal and should be dropped because it violates federal law which requires fair and open competition for government jobs.
FCIP started out as a temporary recruiting tool in 2000, but four years later OPM authorized agencies to use the hiring method on a permanent basis. In fiscal 2001, agencies hired about 400 employees through the FCIP. By fiscal 2005, that number grew to more than 11,000.

During that same period, the number of employees hired through competitive processes declined. Many of these positions were at NTEU-represented agencies including the IRS, CBP and FDIC.

For the complete story, click here <http://www.nteu.org/PressKits/PressRelease/PressRelease.aspx?ID=1018> or visit <www.nteu.org/PressKits/PressRelease/ PressRelease.aspx?ID=1018>.


NTEU Offers Safety Tips For TSP Participants

NTEU is offering tips for participants of the Thrift Savings Plan (TSP) after hackers recently stole $35,000 from the accounts of about two dozen federal employees.

According to TSP, the thefts occurred in December when the computers of the participants were infected with keylogging software, which allows criminals to record the key strokes of computer users without their knowledge. TSP maintains that its system has not been breached and that all cases identified involve users accessing their accounts online.

While anyone can become a victim of keylogging, there are precautions computer users can take to ensure their personal information is not stolen:
* Protect your computer with updated security software that includes firewalls, anti-virus and spyware detection.
* Install keylogger protection.
* Promptly close your browser after each visit to your online TSP account.
Participants who cannot beef up the security of their home computers should consider accessing their accounts by mail or phone.

For more on securing your TSP account information, click here <http://www.tsp.gov/faq/faq3a.html> or visit <www.tsp.gov/faq/faq3a.html>.


Kelley Questions OPM Failure to Use Medicare Drug Subsidy

NTEU President Colleen M. Kelley expressed concern over the government's decision not to apply for a Medicare drug subsidy in the federal employee health plan that would have lowered 2006 premiums by an average 2.6 percent. The savings projections, published in a study <http://www.gao.gov/new.items/d07141.pdf> by the Government Accountability Office, also indicated that the high number of retirees in the plan would have seen a slowdown in their premium growth of about 3.5 or 4 percent.

As the largest employer-sponsored health insurance program in the country, and one that offers prescription drug coverage, the Federal Employees Health Benefits Program (FEHBP) would have been entitled to the new subsidy.

"The Office of Personnel Management should take advantage of every opportunity to keep health costs down for employees and retirees," said Kelley in a letter <http://www.nteu.org/documents/medicaresubsidy.pdf> to OPM Director Linda M. Springer. However, Kelley continued, "OPM simply turned its back on this option and FEHBP enrollees are paying the price."

NTEU is working with lawmakers to ensure that the matter is looked into and that FEHBP costs are kept down.


Recognize the Nation's Unsung Heroes with a 'Sammie'

President Kelley is urging NTEU members to nominate their exceptional colleagues for a Service to America Medal.

Each year, federal employees from diverse backgrounds and agencies are honored by the
Partnership for Public Service. Nominations for the 2007 Service to America Medals, known as the Sammies, are being accepted through March 1. Nominees must have a strong commitment to public service and demonstrated significant accomplishments.

Award recipients in nine categories will be chosen by a distinctive panel of national leaders, which includes President Kelley. Awards will be handed out in September at a gala dinner in Washington, D.C. For details and a nomination form, visit www.servicetoamericamedals.org <http://servicetoamericamedals.org/> .

NTEU Spotlight-Listen to This Week's Report

NTEU Spotlight
This week on the NTEU Spotlight, President Kelley discusses two major battles NTEU is waging on behalf of federal employees. On one front, NTEU is challenging a popular federal program that harms current and prospective government employees by allowing agencies to circumvent merit principles in hiring. On a second front, NTEU's battle against outsourcing tax debt collection continues to gain congressional support. House members last week unveiled a bill that would stop the IRS program in its tracks; similar legislation was introduced earlier this month in the Senate.

In the Washington, D.C., area you can hear President Kelley's NTEU Spotlight on Federal News Radio (1050 AM). For those outside the D.C. area, you can listen online at www.federalnewsradio.com <http://www.federalnewsradio.com/> .

To preview this week's report, click here <http://www.nteu.org/NTEU%20%20%20013107.mp3> .

Headlines

With '07 Spending Bills Still Undecided, Bush Looks Ahead To Deficit Reduction in '08
Federal Times, January 24, 2007

In his State of the Union address, President Bush called for affordable health care, energy independence and congressional support for efforts in Iraq.

But there was little in the speech for federal managers, many of whom are operating under slashed budgets and have yet to know their funding for the remainder of the fiscal year.
Shortly before the president's address, Colleen Kelley, president of the National Treasury Employees Union, called on Bush to consider the state of the nation's federal work force.

"Clearly the state of the union would improve significantly if federal employees received the respect they earn every day by their performance, and if their agencies were appropriately funded so they could accomplish their missions of service to the public," Kelley said in a statement.

To read the complete story, click here <http://federaltimes.com/index.php?S=2503844> or visit <http://federaltimes.com/index.
php?S=2503844>.

New on NTEU.org
computer mouse

Read Coverage of NTEU's Battle Against Privatizing Tax Collection

Last year, NTEU's opposition to the IRS tax debt privatization program grabbed headlines in hundreds of national and local newspapers, not to mention television and radio programs. If January is any indication of the months ahead, NTEU is poised to exceed last year's media coverage generated for its fight against IRS outsourcing. Most recently, NTEU made the news when lawmakers in the House and Senate advanced legislation that would ban the IRS from using private collectors. NTEU played a key role in getting the bills introduced and even hosted a telephone press conference with Reps. Chris Van Hollen (D-Md.) and Steve Rothman (D-N.J.), leading co-sponsors of the House measure.

To read some of the media coverage, visit www.nteuirswatch.org <http://www.nteuirswatch.org/> .

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NTEU's Mission: To organize federal employees to work together to ensure that every federal employee is treated with dignity and respect.
The NTEU e-Bulletin is a weekly electronic newsletter published by the National Treasury Employees Union for its members. To sign up for the e-Bulletin, unsubscribe or change your subscription preferences, click here <https://www.nteu.org/UnionOffice/ebulletin/subscribe.aspx> or log on to <www.nteu.org/UnionOffice/eBulletin/subscribe>. The NTEU e-Bulletin is a member-only benefit, so members must be registered on the NTEU web site to access this page.
1750 H Street, NW, Washington, D.C. 20006 (202) 572-5500 © 2007 National Treasury Employees Union. All rights reserved.