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Federal Managers Association
Washington Report
April 12, 2010
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Untitled Document
FMA WORKING FOR YOU!
NATIONAL LABOR-MANAGEMENT RELATIONS COUNCIL TACKLES AGENDA Twenty-one of the forty-five agency-level labor-management forum plans submitted to the National Council on Federal Labor-Management Relations failed to satisfy criteria laid out in the Executive Order establishing the body, Council members concluded during an April 7 meeting in Washington, D.C. A lack of adequate union involvement proved the most significant impediment to adoption of the proposals, directly contributing to the rejection of fourteen agency submissions. “We are concerned with the overall lack of ground-level employee and managerial involvement in the agency forum proposals,” said Federal Managers Association (FMA) Immediate Past-President Darryl Perkinson, who continues to represent the Association on the Council while new National President Patricia Niehaus navigates the Administration’s vetting process. “First and second line managers are shouldered with immense responsibility in terms of carrying out the forums’ initiatives, and the failure to include these stakeholders along with the employees they supervise deviates from the intent of the Executive Order.” One of the Council’s primary goals involves supporting establishment of department- or agency-level labor-management forums to foster dialogue and reestablish relations between labor and managers. The twenty-four agency proposals approved by the Council will proceed to the President’s desk for review prior to implementation. Council members requested agencies failing to meet the Executive Order’s conditions resubmit proposals within ten days for a second review. Ten agencies have yet to submit forum proposals and two additional agency plans were received too late for Council consideration prior to the April 7 meeting. Agencies were reluctant to embrace (b)(1) bargaining pilot programs, which would allow unions to bargain over a variety of permissive subjects including staffing requirements, in their forum proposals. Office of Personnel Management Director John Berry, who co-chairs the Council with Office of Management and Budget Deputy Director for Management Jeffrey Zients, said he would like to see less agency resistance to the idea of experimenting with (b)(1) pilots. Several agencies noted a lack of direct guidance on the issue as the primary reason for omission in their forum proposals, though members of the Council suggested this decision was more tactical than the agencies led on. Council members also engaged in further discussions on which metrics the group should employ to measure the success of labor-management relations moving forward, building on a similar conversation that spawned debate during the Council’s first meeting in February. The discussions focused on whether the number of employee grievances filed indicates the presence of successful labor-management collaboration. Most members agreed that the number of grievances would not necessarily correlate to the Council’s progress in achieving the goals set out in the Executive Order, but agreed grievances told part of the story. The next meeting of the Council will take place on May 5. For more information on the Council, please visit: www.lmrcouncil.gov, or visit FMA’s Web site: www.fedmanagers.org.
FMA TAKES APPROPRIATIONS CONCERNS TO HILL Facing an abbreviated legislative calendar in light of midterm elections on the horizon, Members of Congress from both chambers are gearing up for the fiscal year 2011 appropriations process. In letters delivered to leaders of both the House and Senate Appropriations Committees last week, the Federal Managers Association (FMA) urged lawmakers to support the Administration’s calls for pay parity between members of the civil service and Armed Forces, as laid out in the President’s FY11 budget proposal. FMA also reiterated the Association’s support for the Administration’s $12.4 billion funding request for the Social Security Administration’s (SSA) administrative expenses account. After proposing disparate pay raises between members of the military and federal employees for 2010, the President backed an equal 1.4 percent pay increase for both parties in his FY11 budget request. The figure matches the 2009 Employment Cost Index (ECI) as calculated by the Bureau of Labor Statistics for the twelve month period ending in September 2009. By law, members of the military must receive a pay increase that matches or exceeds the ECI, though no such requirement exists for civil servants. In letters to the House and Senate Appropriations Committees, FMA National President Patricia Niehaus asked lawmakers to restore legislative precedent established over the past two decades by supporting parity in the 2011 pay raise. “The Administration and lawmakers alike shoulder our nation’s civil servants with immense responsibility as the country grapples with the challenges posed by prolonged economic uncertainty and military conflicts abroad,” wrote Niehaus. “It is critical that Congress express support for our federal workforce by backing the President’s call for pay parity.” In a separate letter directed towards the House and Senate Appropriations Subcommittees on Labor, HHS, and Education, FMA called President Obama’s requested $12.4 billion figure “essential” to continue the agency’s recent success in driving down the backlog of disability hearing requests. SSA’s Office of Disability Adjudication and Review (ODAR) currently faces a backlog of 697,000 pending requests for hearings, 237,000 cases above the accepted standard amount that should be pending at any one time. Although the agency has made remarkable strides in reducing the backlog over the past year, FMA cautioned that any funding below the President’s mark could prove detrimental to future progress. “SSA Commissioner Michael Astrue has called the $12.4 billion critical to efforts to drive down the number of pending requests while allowing the agency to prepare for the influx of new claims in light of high unemployment rates expected through 2011,” explained Niehaus. “ Programs administered by SSA provide benefits to more than 50 million Americans. To ensure SSA is fully able to serve its customers, and your constituents, in a timely manner, we at FMA believe Congress must allocate the level of funding proposed by the President for FY11.” To view copies of FMA’s letters, please visit the “Members Only” section of the Association’s Web site: http://fedmanagers.org/membersvc/index.cfm.
FMA PRESIDENT MODERATES TELEWORK PANEL Telework must no longer be viewed as a privilege for the few, but as a necessary tool to boost productivity in the federal government, panelists agreed during a town hall training session on April 8. Moderated by Federal Managers Association (FMA) National President Patricia Niehaus, the panel, charged with evaluating how federal agencies should manage today’s workforce in light of recent telework advancements, urged aggressive adoption of new technologies to enable federal employees to focus more on output than on strict adherence to inflexible work schedules. The Telework Exchange, a public-private partnership focused on demonstrating the tangible value of telework, hosted the meeting. “Telework is not just something nice to have,” said panelist Arleas Upton Kea, Director of the Federal Deposit Insurance Corporation’s (FDIC) Division of Administration, “it makes business sense.” Overcoming management resistance to the idea of a flexible telework-enabled workforce is a critical first step, Kea continued, but she encountered little opposition at the FDIC when leaders were presented with a business case outlining potential productivity gains and cost savings. Kea urged attendees to suggest their agencies initiate telework pilot programs, with an emphasis placed on measuring results, to provide agency heads with an opportunity to observe the benefits for themselves. A recent FDIC survey found that 45 percent of employees in the agency telework, with three-quarters of those teleworking at least once a week. In addition, 91 percent of FDIC managers polled viewed telework favorably. The Department of Defense’s (DOD) Computer/Electronic Accommodations Program (CAP) office seeks to advance the flexibility tool as an essential component of efforts to increase the employment of disabled individuals in the federal government. CAP Director Dinah Cohen said her department, which provides assistive technology and services to people with disabilities, federal managers, and IT professionals, strives to deliver budget-neutral solutions to accommodate the employment of disabled workers. With the percentage of disabled federal employees decreasing in recent years, Cohen presented telework as a means to enable agencies to hire more workers with disabilities while receiving the greatest productivity in return. In the movement towards a results-oriented work culture in the federal government, discarding the term “telework” may be beneficial, said Office of Personnel Management (OPM) Deputy Chief of Staff Justin Johnson, because it creates the perception that there is a difference between the work conducted by employees in the office and those who work remotely. Work is work, Johnson continued, and agencies should focus more on the end result and less on how that result is achieved. Detailing his own agency’s pilot program designed to enable 400 employees to adopt a flexible work schedule, Johnson said referring to work flexibility tools as “perks” detract from the productivity gains experienced by agencies and the improved work-life balance enjoyed by employees. Legislation in both the House of Representatives and the Senate would require agencies adopt more formalized telework policies. The Administration and Congress have placed an increased focus on workforce flexibility initiatives in light of the recent snowstorms that crippled the nation’s capital. While many employees were unequipped to work from home, those that could were instrumental in reducing productivity losses when agencies were forced to close. For more information on the Telework Exchange meeting, please visit: http://www.teleworkexchange.com. ************************************************************* WHAT’S HAPPENING ON CAPITOL HILL?
VIRGINIA CONGRESSMAN INTRODUCES FEDERAL ANNUITIES BILL Representatives Frank Wolf (R-Va.) and Gerald Connolly (D-Va.), along with Delegate Eleanor Holmes Norton (D-D.C.) have all issued their support for legislation introduced by Congressman Jim Moran (D-Va.) requiring that deferred federal annuities be indexed to inflation. The legislation, H.R. 4979, would apply to federal employees who choose to retire prior to the age of 62 and who must either cash-out their retirement contributions or defer receipt until the age of 62. Under the current system, federal employees exiting government before they turn 62 must withdraw the funds they have contributed to their Civil Service Retirement and Disability Fund or defer their retirement annuity until they turn 62. Congressman Moran argued the bill was necessary to encourage younger civil servants to opt for a deferred annuity, as employees who choose to do so now see a decrease in the real value of their contributions if they decide to defer receipt. “At a time when the Federal Government is facing the challenge of an aging workforce and federal employees are paid 26 percent less than their counterparts in the private sector, the excellent benefits package the Federal Government offers is a key recruiting tool,” Congressman Moran stated upon the bill’s introduction. “Indexing federal employees’ deferred annuities will improve that package, and at the same time reduce the deficit in the short-term. I urge my colleagues to support this bill.” For more information on H.R. 4979, please visit: http://thomas.loc.gov.
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LABOR-MANAGEMENT TRAINING SCHEDULED ACROSS THE COUNTRY The Federal Labor Relations Authority (FLRA) and the Federal Mediation and Conciliation Service (FMCS) have teamed up to provide two-day training sessions across the country on bargaining rights and other requirements established under the Executive Order creating the National Council on Federal Labor-Management Relations. Free of charge, the training sessions will take place in seven cities containing FLRA regional offices and will be split in two segments. The first day will cover bargaining rights, particularly focusing on (b)(1) bargaining, and pre-decisional involvement, which entails the development of strategies to incorporate employees and their union representatives into the decision making process on agency initiatives. Focus on the second day shifts to the core principles of creating and maintaining Labor-Management Forums on the agency level, as required by the Executive Order. “Participants should attend the program with their bargaining counterparts so that management and union representatives will have a common understanding and shared experience of the information and skills needed for effective labor management forums,” according to an FLRA statement. Cities hosting the training include: Atlanta; Boston; Chicago; Dallas; Denver; San Francisco; and, Washington, D.C. Each of the seven locations selected will host the two-day training programs twice, with the first series taking place in May and June followed by the second series between July and September of 2010. Space is limited to eighteen two-person teams consisting of labor and management. For more information on the training opportunities, please visit either the FLRA Web site: www.flra.gov/flra_training, or the FMCS Web site: www.fmcs.gov.
ADMINISTRATION DEFINES "INHERENTLY GOVERNMENTAL" WORK Agencies should refer to the definition of “inherently governmental” as contained in the Federal Activities Inventory Reform (FAIR) Act of 1998 when determining which jobs must be performed by federal employees and which may be outsourced, according to an Office of Federal Procurement Policy (OFPP) proposed policy letter issued on March 31. The OFPP paper is designed to clarify and standardize the Administration’s stance on the appropriate employment of contractors to conduct government business. In his Memorandum on Government Contracting released in March of 2009, President Obama noted that the line between inherently governmental functions and those available for outsourcing was becoming increasingly blurred, spurring an examination of the outsourcing of federal jobs. The result is OFPP’s determination that agencies should cease to employ the “inherently governmental” definition included in the Office of Management and Budget (OMB) Circular A-76, instead adopting the FAIR Act’s terminology. An activity is defined as inherently governmental under the FAIR Act “when it is so intimately related to the public interest as to mandate performance by Federal Government employees.” OFPP’s policy paper would require agencies accept this single government-wide definition, but the paper further instructs agencies to “take specific actions, before and after contract award, to prevent contractor performance of inherently governmental functions and overreliance on contractors in ‘closely associated’ and critical functions.” The proposal provides agencies with twenty examples of inherently governmental functions, and OFPP would also create tests to help agencies determine if functions not included in the provided examples would fall within the FAIR Act definition. Agencies seeking to outsource functions “closely associated” with inherently governmental functions must follow guidelines established by OFPP and incorporated in the paper, including assigning a suitable number of federal employees with expertise in the area to administer the work and taking actions to mitigate conflicts of interest. The goal is to ensure agencies are able to determine which functions are deemed “critical” and should be fully or partially performed by federal employees. “The proposed policy letter would define critical function to mean a function whose importance to the agency's mission and operation requires that at least a portion of the function must be reserved to federal employees in order to ensure the agency has sufficient internal capability to effectively perform and maintain control of its mission and operations,” the letter states. “Agencies would be held responsible for ensuring a sufficient number of positions performing critical work are filled by federal employees with appropriate training, experience, and expertise to understand the agency's requirements, formulate alternatives, manage the work product, and manage any contractors used to support the Federal workforce.” Public comments on the OFPP proposal will be accepted through May 31. Rules contained in the letter will be finalized after comments are analyzed. To view a copy of the proposal, please visit: http://edocket.access.gpo.gov/2010/2010-7329.htm.
OPM DEVELOPS FEDERAL HIRING TOOL The Office of Personnel Management (OPM) announced the launch of a new tool to enhance federal agencies’ abilities to locate and recruit individuals to fill vacancies in several fields. The new hiring apparatus, announced in an April 7 memorandum to agency leaders, relies on giant stores of federal employee applicant information to place individuals in occupations that are widespread across the civil service, including financial management and information technology positions. Under the new system, an agency’s human resources director will provide OPM with a request to fill a vacant position. OPM will then tap into its registers of applicants to filter out the individuals that meet the agency’s needs and qualifications, incorporating veterans preference, and in most cases, present its findings within 2-3 business days. “You don't have to develop an announcement, issue the announcement, wait for applicants to apply, look at all of the names and applications, rate/assess the applicants, apply veterans preference, and issue the certificate – we do that for you, and we estimate that it should save you about three weeks in the hiring process,” OPM said in the memo. Agencies are currently able to use the tool for twelve occupations OPM identified as “top hiring areas.” OPM has identified two additional hiring areas, Office Support and Security, and the applicant registers will soon be available for those occupations as well. “This is a great opportunity for you to address some of your staffing challenges," the memo continued. "There are over 100,000 great applicants on these registers, and I urge you to request certificates as soon as possible.” To view a copy of the OPM memo, please visit: http://www.chcoc.gov/Transmittals/TransmittalDetails.aspx?TransmittalId=2913.
AGENCIES UNVEIL OPEN GOVERNMENT PLANS Agencies throughout the federal government released initial versions of their open government plans on April 7, providing a look at the strategic roadmaps they will follow to promote transparency, citizen participation, and collaboration across the government. As part of President Obama’s campaign to transform the way the federal government conducts business, the plans strive to promote openness to encourage ingenuity and the collaboration of new ideas. “For too long, Washington has closed itself off from the oversight of the American public, resulting in information that’s difficult to find, taxpayer dollars that disappear without a trace, and lobbyists that wield undue influence,” said the President. “That’s why my Administration is taking concrete steps to build a government that’s more transparent, open and accountable. And now that these plans are published online, we hope the American people will play their part and collaborate with us to provide oversight and improve upon this information. Together, we won’t just build a more efficient and effective government, but a stronger democracy as well.” All cabinet agencies are participating in the effort, releasing individual plans designed to meet the Administration’s open government milestones the President set about crafting on his first day in office. Incorporating social media tools and placing an increased focus on Web-based systems, one goal of the movement is to make agency activities easily accessible online. The Department of Labor, for example, has created an online collection of workforce safety data, which the public may easily search through the agency’s Web site. Embracing the participation portion of the open government plan, the Environmental Protection Agency said the creation of community engagement projects in such areas as urban waters and emergency response stand at the forefront of the agency’s agenda. The National Science Foundation promises to invest in analyzing participation and best practices to assist further future agency/public engagement. The Social Security Administration (SSA) announced several flagship initiatives in its plan, including creation of a Spanish-Language Retirement Estimator, an Online Service Enhancement program, and an Online Life-Expectancy Calculator. The Life-Expectancy Calculator constitutes an easy tool to aid individuals’ retirement planning, helping users accurately calculate their retirement needs based on their gender and date of birth. “I applaud President Obama’s commitment to opening the federal government to the people it serves and I am especially proud of the three flagship initiatives we have chosen to implement by the end of this year,” said SSA Commissioner Michael Astrue. “These initiatives signify Social Security’s ongoing commitment to transparency, citizen participation, and collaboration as we improve the services we provide to the public.” More information on the initiative may be found on the White House Web site: http://www.whitehouse.gov/open.
************************************************************ GET INVOLVED AT THESE EVENTS!
ATTEND THE BUSINESS OF GOVERNMENT SUMMIT Building a Transparent, Collaborative and High-Performance Government Capable of Addressing the Challenges of the 21st Century April 26-28, 2010 Ronald Reagan Building and International Trade Center, Washington, D.C. Join the Shared Services for the Public Sector at their 3rd Annual Business of Government Summit to discuss priorities the Obama administration is focusing on for complete government transformation. Attend to hear topics including: defining a clear vision, business strategy and operating model; building a strong, detailed business case based on measurable returns; and, conducting a detail-driven approach to planning. To register or for more information, visit: http://www.businessofgovsummit.com/Event.aspx?id=263272.
DC, NATION GEAR UP FOR 26th PUBLIC SERVICE RECOGNITION WEEK This year’s Public Service Recognition Week (PSRW), the annual celebration honoring the men and women serving our nation as federal, state, county and local government employees, kicks off on May 3, highlighted by a multi-day event held on the National Mall in Washington, D.C. from May 6 – May 9. Celebrated since 1985, PSRW sets time aside for public employees throughout the U.S. and around the world to educate citizens about the work they do and why they have chosen public service careers, as well as the many ways government services make life better for all of us. The capstone celebration held every year on the National Mall routinely features more than 100 government offices and agencies, nonprofit organizations and private companies sponsoring interactive and educational exhibits that showcase the innovative and quality work performed by public employees. Organized by the Partnership for Public Service and the Public Employees Roundtable, a collection of good government organizations of which the Federal Managers Association is a member, this year’s theme is “Innovation and Opportunity,” and the Mall event will feature variety of exhibits showcasing how individuals can pursue careers in the civil service. For more information on this year's event, visit: http://publicservicerecognitionweek.org/.
************************************************************ Long Term Care Partners, LLC , FMA Corporate Partner. Long Term Care Partners is the administrator of the Federal Long Term Care Insurance Program. Sponsored by the U.S. Office of Personnel Management, the Program is available to Federal and U.S. Postal Service employees and annuitants, active and retired members of the uniformed services, and their qualified relatives. With more than 210,000 enrollees, it is the largest employer-sponsored long term care insurance program in the country. FLTCIP policies are simple to understand and offer enrollees some distinct advantages, including comprehensive coverage, competitive and stable rates, international coverage, and administrative service standards that are the highest in the long-term care insurance industry. Policies are sold direct through a highly-trained, non-commissioned staff with no high pressure sales tactics – simply sound advice. Visit www.LTCFEDS.com or http://www.opm.gov/insure/ltc/index.asp for more information. FSAFEDS, the Federal Flexible Spending Account Program, FMA Corporate Partner. FSAFEDS provides consumers and corporations a single source of health management decision guidance through its integrated suite of consumer-driven healthcare solutions. Its innovative consumer experience offers comprehensive care, planning, spending, productivity and strategic management services that help guide participants to be healthier and more productive. Visit www.fsafeds.com for more information. Blue Cross and Blue Shield Association Federal Employee Program, FMA Corporate Partner. The Blue Cross and Blue Shield Association represents the independent, locally operated Blue Cross and Blue Shield plans. The 40 local member companies of the Blue Cross and Blue Shield Association have provided millions of families with top-quality, affordable health insurance for more than 70 years. For the one in four Americans who carry Blue Cross and Blue Shield cards, the Blue Plans symbolize health security. Visit www.fepblue.org and join the best, most-recognized group of health insurance providers in the world. GEICO, FMA Corporate Partner. GEICO was created over 60 years ago to insure Federal employees. Over the years GEICO has continuously strengthened its affiliation with the Federal workforce. GEICO’s Federal program supports the GEICO Public Service Awards, which have honored federal workers (active and retired) who have contributed to the public good since 1980. Find out how much you could save with GEICO auto insurance as an FMA member by getting a quick, line-by-line rate quote at http://www.geico.com/landingpage/go51.htm?logo=00781. When you request a quote, GEICO will make a contribution to support the work of FMA. Shaw, Bransford and Roth, P.C. SBR concentrates its law practice on the representation of Federal employees, with a special emphasis on the representation of executives and managers. SBR serves as General Counsel to the Federal Managers Association and is uniquely situated to recognize the interests and viewpoints of Federal managers. For up to two free half-hour legal consultations and reduced legal fees as an FMA member, please visit: www.shawbransford.com. FEDS (Federal Employee Defense Services) provides premier professional liability insurance benefits to the federal employee community. The FEDS liability insurance policy costs only $270 a year, and if you are a manager, supervisor, or law enforcement officer, your agency will reimburse you up to ½ of the cost. Your net cost would be $135 per year. FEDS provides federal employees with the protection they need to do their jobs. You simply can’t afford not to have it! SPECIAL OFFER: Three months free when you make the switch from another federal employee professional liability program. To learn more, visit: http://www.fedsprotection.com. Be sure to note your FMA membership when you join FEDS. The Federal Managers Association and Management Concepts have teamed up to present the Federal Managers Practicum — a targeted certificate program for Federal managers. As the official development program for FMA, the Federal Managers Practicum helps FMA members develop critical skills to meet new workplace demands and deepen their managerial capabilities. Also, FMA members receive 20% off any book purchase and each book is guaranteed to win you a promotion! For more Practicum information, click here. For a catalog of discounted publications, go to Management Concepts. To order, call Vanessa Gillette at 703-270-4107.
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The Washington Report is published biweekly by the
Federal Managers Association.
Jessica Klement, Editor; FMA Staff Writers.
The Federal Managers Association, established in
1913, is the oldest, largest, most influential association representing
the interests of the nearly 200,000 managers, supervisors and executives
serving in today’s Federal government.
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