D.C. Circuit: Unions Must Use FLRA to Challenge Trump’s Fed Workforce Executive Orders
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

D.C. Circuit: Unions Must Use FLRA to Challenge Trump’s Fed Workforce Executive Orders

After the president issued three executive orders regarding relations between the federal government and its employees, several federal employee unions filed lawsuits in district court to challenge provisions in those orders. Those suits were consolidated at the district court in June 2018. In its August 2018 decision, the district court found several provisions in the executive orders unlawful, and ordered agencies to cease implementation of those provisions. The government appealed the district court decision, and on July 16, 2019, the United States Court of Appeals for the D.C. Circuit found that the district court lacked jurisdiction to hear the unions’ claims, and vacated the district court judgment.

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5 Underrated Skills That Make You Invaluable in Federal Service

5 Underrated Skills That Make You Invaluable in Federal Service

Federal service has its own thrills, challenges, and culture. Civilian Federal Employees are impacted by political decisions and evolving agency landscapes, all while working to create tangible, long-lasting impacts on the country. If you’re a Federal employee, you likely take pride in your dedication to public service. No matter where you are in your career, our list of 5 Underrated Skills That Make You Invaluable in Federal Service can help you add polish to your professional reputation.

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Congress Considers Continuing Resolution to Avoid Potential Shutdown
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Congress Considers Continuing Resolution to Avoid Potential Shutdown

A group of lawmakers wrote the White House last week urging against the use of a continuing resolution (CR) to fund the government for FY2020. The CR option has been floated in recent weeks due to Congress’ inability to agree on spending proposals, which has increased fears of a looming government shutdown. While some have already proposed a CR as a possible solution to appropriations battles, others fear the impact a CR will have on military readiness.

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Department of Energy Partners with Private Sector on Pipeline Security
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Department of Energy Partners with Private Sector on Pipeline Security

The Department of Energy (DOE) has joined a consortium that will work to establish guidelines for increasing industrial control systems (ICS) cybersecurity. The goal is to better protect U.S. pipelines from cybersecurity threats. Pipelines, particularly those that carry resources such as oil and natural gas, have become a potential target for attacks as technology develops.

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FMA Working to Protect DOD’s Probationary Period
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FMA Working to Protect DOD’s Probationary Period

In the Fiscal Year 2016 National Defense Authorization Act (NDAA) (P.L. 114-92), Congress gave the Department of Defense (DOD) authority to institute a two-year probationary period. FMA supported the change. Now there’s an effort currently underway to revert to a one-year probationary period via the FY2020 NDAA, and FMA is helping lead the charge for DOD to maintain its current policy.

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CARE Act Gains Traction With Support From Medical Experts
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CARE Act Gains Traction With Support From Medical Experts

Lawmakers in the House of Representatives passed a temporary funding measure, or continuing resolution (CR), to fund the government until December 20. House members voted Tuesday with the hopes of moving the legislation to the Senate for a vote later in the week and onto the president’s desk for signature before the current CR expires at midnight on Thursday.

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Whistleblowers Testify that VA Retaliation Remains Rampant
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Whistleblowers Testify that VA Retaliation Remains Rampant

Whistleblowers within the Department of Veterans Affairs (VA) testified before Congress that retaliation against whistleblowers continues to pervade the agency long after Congress passed the VA Accountability and Whistleblower Protection Act. Whistleblower and whistleblower rights groups raised concerns regarding the Office of Accountability and Whistleblower Protection (OAWP) created under the law.

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OPM Requests Legislative Reforms to Probationary Periods, Hiring Practices
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OPM Requests Legislative Reforms to Probationary Periods, Hiring Practices

In a letter sent to the Speaker of the House and the Vice President in April but reported last week, Acting Director of the Office of Personnel Management (OPM) Margaret Weichert requested legislation reforming the hiring process and probationary periods for the federal workforce. Weichert’s request included legislative language Congress could use as a baseline for reforms.

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Field Agencies Struggle with Employee Engagement
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Field Agencies Struggle with Employee Engagement

Analysis by the Partnership for Public Service and the Boston Consulting Group on 2018 Best Places to Work in the Federal Government data shows that employees outside of the DC metro area struggle with lower engagement than those within the area. The report emphasizes the importance of field employee engagement and makes recommendations for management to practice better employee relations.

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Appeals Court: ICE Had No Duty to Bargain Before Unilateral Change to Overtime Policy
Case Law Update Conor D. Dirks Case Law Update Conor D. Dirks

Appeals Court: ICE Had No Duty to Bargain Before Unilateral Change to Overtime Policy

After warnings from the Office of Special Counsel (OSC) and the Government Accountability Office (GAO), the Department of Homeland Security, Immigration and Customs Enforcement (ICE) made a change to how it calculated overtime pay. The American Federation of Government Employees (AFGE) filed a grievance against ICE for unilaterally changing the policy without bargaining with the union. After the Federal Labor Relations Authority (FLRA) sided with ICE and determined that ICE had no duty to bargain with the union, AFGE petitioned the United States Court of Appeals for the District of Columbia Circuit for review of the FLRA’s final order. On June 11, 2019, the appeals court denied AFGE’s petition.

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Are You Prepared for The High Cost a Chronic Illness Would Bring?

Are You Prepared for The High Cost a Chronic Illness Would Bring?

In 2016, researchers from the U.S. Department of Health and Human Services estimated that almost 70% of people turning age 65 will need some type of long-term care services in their lifetimes. If you or someone you know has ever had to care for a loved one with a chronic disease or condition, you know the emotional, physical, and financial burden this can create.

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Inspector General Report Raises Alarm on Opioids in the Postal Service
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Inspector General Report Raises Alarm on Opioids in the Postal Service

A newly released report from the Postal Service’s Office of the Inspector General (OIG) expressed concern with the level of opioids prescribed to Postal Service employees under the Federal Employees’ Compensation Act (FECA) program. While other agencies have seen significant reductions in prescriptions over the last few years, the Postal Service’s prescription count is declining at a much slower pace.

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