Seventh Circuit Rebukes MSPB AJ’s Whistleblower Findings, Remands Again for Damages
In 2018, the United States Court of Appeals for the Seventh Circuit held the MSPB acted arbitrarily and capriciously when it dismissed an ATF employee’s Individual Right of Action appeal. The Seventh Circuit’s 2018 opinion found that the employee “properly alleged a ‘protected disclosure’ and exhausted his administrative remedies so that the Board had jurisdiction to evaluate the merits of his claim.” The MSPB AJ denied relief, and the employee appealed to the Seventh Circuit again. On July 16, 2020, the appeals court again held that the MSPB acted arbitrarily, capriciously, and contrary to law. This time, the remand to the MSPB was only on the extent of relief to the employee.
FEDtalk: A Dialogue about Racism in the Federal Government
In the most recent FEDtalk podcast episode, Alice Mercer, Chairperson of the Blacks in Government (BIG) Committee on Affirmative Action/ Equal Employment Opportunity, Margaret Williams, Vice-Chair of the Senior Executives Association (SEA) Board of Directors, and Chad Hooper, National President of the Professional Managers Association (PMA) discuss the implications of racism within federal agencies.
Lawmakers Propose Measures to Curb Spread of Virus in Federal Facilities
Representatives Ted Budd (R-NC), Ralph Norman (R-SC), and John Larson (D-CT) recently introduced the Healthy Skies Act, which would require TSA employees to check the temperature of fliers before they are allowed through security. As federal agencies create reopening plans for their employees, there is pressure on lawmakers to ensure that they do so safely and efficiently. For federal facilities that are open to the public like airports and postal offices, this task is high priority since there is close interaction between employees and members of the public.
OSC Issues Guidance on Black Lives Matter, Hatch Act
In guidance issued last Tuesday, the Office of Special Counsel (OSC) clarified questions relating to use and displays of the phrase “Black Lives Matter” (BLM) while on duty or in the federal workplace. The guidance addresses two central questions: whether BLM terminology is inherently political activity and whether the Black Lives Matter Global Network (BLMGN) is a partisan political group. OSC found the answer to both questions to be no, which under the Hatch Act generally allows employees to engage in BLM-related activity while on duty or in the workplace.
OPM Releases Proposed Rule on Continuation of Benefits, Services During Government Shutdown
In a proposed rule submitted to the Federal Register on July 20, the Office of Personnel Management implements provisions within the FY 2020 National Defense Authorization Act (FY 2020 NDAA) that ensure the continuation of certain federal benefits and services in the event of a lapse in appropriations. The FY 2020 NDAA names certain Federal Employees Health Benefits (FEHB) Program and Federal Employees' Group Life Insurance (FEGLI) services as emergency services under the Antideficiency Act.
5 Common Phrases That Ruin First Impressions
First impressions can be tough. Here are phrases to avoid and what to say instead.
House Lawmakers Aim for Civilian Pay Parity with DoD
In a letter to House Appropriations Committee members on Friday, several lawmakers advocated for pay party with the Department of Defense (DoD). In the FY 2021 National Defense Authorization Act (NDAA), House lawmakers included a 3.0 percent pay increase for service men and women. The House lawmakers argued Congress should provide civilian federal employees with the same pay raise.
Labor Authority Finalizes Rule on Canceling Union Dues
The Federal Labor Relations Authority announced a new rule published Thursday that would let employees revoke federal union dues payments at any point during the year after one year in the bargaining unit. Previously, employees only had one opportunity a year to cancel their union dues.
Federal Contractors Face August Deadline for Banning Certain Foreign Technology
The Federal Register has published action items relating to implementation of Section 889 of the John McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 (FY2019). The interim rule implements a prohibition on contracting with entities using certain telecommunications and video surveillance services and equipment effective August 13, 2020.
Lawmakers Express Concern Over Reopening Plans for Federal Employees
Senators Chris Van Hollen (D-MD), Ben Cardin (D-MD), Tim Kaine (D-VA), and Mark Warner (D-VA) have issued a letter to the acting directors of the Office of Personnel Management and Office of Management and Budget expressing opposition to plans to require many federal employees in the national capital region to return to their offices.
Federal Circuit: Agencies Can Remove Burrowed Employees to Correct Illegal Appointments
On June 26, 2020, the United States Court of Appeals for the Federal Circuit held that the removal of illegally appointed employees who had otherwise not committed misconduct or performed poorly still promoted the efficiency of the service.
Increased Challenges, Increased Exposures
As the United States enters its fourth month of COVID-19-related shutdown in some form, the long-term behavioral impacts of the ‘new normal’ are beginning to appear. Recent polls and official guidance indicate that Americans are experiencing elevated levels of unhappiness and anxiety due to the ongoing pandemic.
Chicago Mayor Introduces Census Cowboy
Chicago Mayor Lori Lightfoot introduced the Census Cowboy to encourage low response areas to respond to the census.
Paid Parental Leave Fix Gets Cleared Through House NDAA Committee
The FY 2021 National Defense Authorization Act (NDAA) has passed out of the House Armed Services Committee with a provision extending paid parental leave benefits to all federal employees. Most federal employees were granted paid parental leave in the FY 2020 NDAA, but in what has been described as a technical error due to rushed drafting, several agencies were excluded from receiving the benefit. The provision within the FY 2021 NDAA would extend coverage to the excluded agencies.
EPA OIG to Review Reopening Plans as House Subcommittee Calls for Increased Oversight
The Office of the Inspector General (OIG) at the Environmental Protection Agency (EPA) has announced plans to review the agency’s reopening of offices across the country. The notice comes after the House Oversight and Reform Committee’s Government Operations Subcommittee wrote letters to 24 IG offices requesting they oversee agency reopening plans.
Lawmakers Introduce Financial Relief Package for U.S. Postal Service
A bipartisan group of lawmakers has introduced the Postal Service Emergency Assistance Act to provide USPS with up to $25 billion to cover revenue lost and operational expenses arising from the COVID-19 pandemic. The legislation has earned the support of postal unions, who have long expressed a need to fund the Postal Service during the pandemic.
The Best-Kept Secrets About Federal Service
If you are thinking about jumping into a career as a federal employee or just started your journey as one, you may not be aware of the numerous opportunities and benefits that you get as a federal employee. From advancing your skills and education to discounts and loan forgiveness, there are dozens of programs and opportunities in place that federal employees can really benefit from.
Advocating for Managers in the Fiscal Year 2021 National Defense Authorization Act
One of the most critical bills the Federal Managers Association advocates on every year is the National Defense Authorization Act (NDAA). First passed in 1961 – and consistently passed every year since – the NDAA is indispensable legislation that authorizes funding levels for the Department of Defense (DOD) and sets policies.