AFGE Week in Review (Nov. 2, 2009)

Congress Agrees with AFGE to Permanently Close Loophole on Outsourcing without Competition: For the first time, no federal job functions of any size will be directly converted to contractor performance without a job competition, thanks to AFGE's years-long effort. In the recently enacted fiscal 2010 Defense Authorization Act, the Defense Department will no longer be able to give away to contractors job functions performed by ten or fewer federal employees. The loophole had been closed for non-DoD agencies earlier in a 2009 law. Direct conversions of larger job functions have been prohibited under previous appropriations acts. This new measure marks one of the historic achievements by AFGE, which has been waging war against the wholesale outsourcing promoted by the Bush administration. However, the union is asking its Locals to be on the lookout for violations and attempts to circumvent the direct conversion law.

Other provisions in the 2010 Defense Authorization Act will:

• Define the beginning and end of an outsourcing study and set a new time limit of 24 months for future studies. The beginning of an outsourcing study – known as an A-76 study – is when the preliminary planning begins. The study ends when an announcement of the winner of the competition is made. Previously, job competitions dragged on for years because it was not clear when the clock started and ended.
• Ban new A-76 studies in fiscal 2010.
• Require DoD to debrief federal employees and their representatives after awarding a contract when other bidders are debriefed.
• Expand the jurisdiction of the Government Accountability Office, which hear bid protests, to include cases involving direct conversions of federal jobs. GAO is also allowed to recommend cancellation of an A-76 study.

AFGE Demands Information on Forced Distributions of Performance Ratings at EPA: AFGE Council 238 Nov. 2 filed an information request with the Environmental Protection Agency for information including internal memoranda dictating forced distributions of performance evaluations in violation of federal law. The council has received numerous reports from its members that although they merited 'outstanding' ratings, they were given a lower rating with a supervisor apology and explanation that they had been instructed to limit the number of outstanding ratings per section, branch and division. The council believes that the agency is violating Federal Regulation 5 CFR 430.208(c), which specifically prohibits such forced distributions."

"We have received numerous complaints from our field locals about forced distributions," said Council 238 President Charles Orzehoskie. "This practice is illegal and those in charge of EPA must put an end to it. The agency has to move beyond some of the practices started under the previous administration and the agency can start by correcting this now."

Army to Insource Thousands of Security Guards at 46 Bases: The Army is converting thousands of contract security guards to in-house personnel at 46 installations nationwide. The process is expected to be completed by July 2011. The move is in response to a 2009 law, which mandates a reduction in contract security guards, and a new DoD directive, which seeks candidates for insourcing.  For the list of the 46 installations, click on the following link: https://www.fbo.gov/index?s=opportunity&mode=form&id=8b615d61fcae5c704d01ef5b61805cb8&tab=core&_cview=0&cck=1&au=&ck=

AFGE Convinces DFW to Suspend Controversial Leave Control Program: Following repeated protests by AFGE, the Transportation Security Administration at Dallas-Fort Worth International Airport finally suspended the controversial leave control program, which penalizes employees for taking justified unscheduled leave. Managers will now be personally tracking employee attendance instead of using the automated attendance tracking log. AFGE on July 8 sent a letter to FSD Alexander, demanding a repeal of the attendance control program, which automatically generates letters of counseling or letters of reprimand if employees take three unscheduled absences in a three-month period regardless of circumstances or approval of their immediate supervisors. The union raised the issue in the historic, first-ever labor-management meeting between AFGE and TSA on July 23. Then it sent a follow-up letter to TSA about the issues discussed at the meeting, including ACP. Assistant Administrator for Security Lee Kair subsequently issued a directive Aug. 13, prohibiting unauthorized local policies including ACP. AFGE is in the process of filing a group grievance seeking revocation of letters of counseling, letters of reprimand, and leave restrictions previously issued under the program.

Help Us Help You: As issues surrounding H1N1 continue to heat up, AFGE wants to hear from you.  How is your agency dealing with cases as they arise in your office? What precautions are being taken to ensure the health and safety of others? What ideas do you have as to how handle this year's flu season? Tell your story on Unionblog.com. Send your comments about H1N1 at your agency to communications@afge.org.

Inside Government: AFGE President John Gage updated members on the state of the union last week on AFGE's radio program, Inside Government. Gage addressed a number of key issues facing federal workers including collective bargaining rights for Transportation Security Officers, critical staffing shortages at the Bureau of Prisons, the fight to protect government workers from the H1N1 virus, labor/management relations, and health care reform. AFGE D.C. Local 383 President Johnnie Walker then discussed his Local's efforts to prevent the elimination of critical District of Columbia government services including some provided by the Addiction Prevention and Recovery Administration. Also appearing on the show was AFGE DEFCON Chair Don Hale, who detailed AFGE's fight to stop the contracting out of hundreds of jobs at the U.S. Military Academy at West Point. Hale discussed the Government Accountability Office's decision to uphold AFGE's protest of the Army's privatization plans, which would have impacted 400 jobs.

Inside Government, hosted by AFGE Assistant General Counsel J. Ward Morrow, is a one-hour weekly nationwide radio/Internet program dedicated to issues that impact federal and D.C. government employees. The show airs each Friday at 10 a.m. on Federal News Radio 1500 AM in Washington, D.C. and online at www.federalnewsradio.com. Programs are archived on the Federal News Radio Web site and can be heard on demand at http://www.afge.org/insidegovernment. Please note there will be a short advertisement prior to the start of the program. Listeners also can follow the program on Facebook ("AFGE Inside Government") and Twitter (afgeradioshow). For more information, please e-mail InsideGovernment@afge.org or go to www.federalnewsradio.com.