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Post by aljsouth on Mar 31, 2009 20:15:18 GMT -5
I know people are really concerned with getting on board as an ALJ. This info will be useful for those becoming ALJ's at SSA.
From the AALJ board:
"Arbitrator holds in decision dated 3/29/09 that (1) the ALJs at the NHCs are not supervisors; agency failed to bargain with the union; (2) the ALJs at the NHCs are members of the bargaining unit; (3) the agency breached the CBA and the FSLMRS by failing to provide the union with reasonable notice of the intention to establish the NHCs; (4) the agency committed a ULP by unilaterally creating the NHCs and staffing them with ALJs without bargaining and by displaying an anti-union animus; (5) the agency and COSS Astrue will cease and desist from refusing to recognize the union as the bargaining representative of ALJs at the NHCs; (6) the agency and the COSS will cease and desist from refusing to bargaining with the union regarding the terms and conditions of employment of ALJs working at the NHCs; (7) the agency and the COSS will engage in impact and implementation bargaining as it pertains to changes in working conditions for ALJs selected to work at the NHCs; and (8) the agency and the COSS will post a copy of this award in all hearing offices. The hearing shall remain open for a period of 60 days to dispose of any problems that might be encountered by the parties in the administration of this award."
No doubt an appeal will follow.
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Post by noah on Mar 31, 2009 20:26:55 GMT -5
What does NHC stand for?
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Post by privateatty on Mar 31, 2009 20:30:06 GMT -5
I know people are really concerned with getting on board as an ALJ. This info will be useful for those becoming ALJ's at SSA. From the AALJ board: "Arbitrator holds in decision dated 3/29/09 that (1) the ALJs at the NHCs are not supervisors; agency failed to bargain with the union; (2) the ALJs at the NHCs are members of the bargaining unit; (3) the agency breached the CBA and the FSLMRS by failing to provide the union with reasonable notice of the intention to establish the NHCs; (4) the agency committed a ULP by unilaterally creating the NHCs and staffing them with ALJs without bargaining and by displaying an anti-union animus; (5) the agency and COSS Astrue will cease and desist from refusing to recognize the union as the bargaining representative of ALJs at the NHCs; (6) the agency and the COSS will cease and desist from refusing to bargaining with the union regarding the terms and conditions of employment of ALJs working at the NHCs; (7) the agency and the COSS will engage in impact and implementation bargaining as it pertains to changes in working conditions for ALJs selected to work at the NHCs; and (8) the agency and the COSS will post a copy of this award in all hearing offices. The hearing shall remain open for a period of 60 days to dispose of any problems that might be encountered by the parties in the administration of this award." No doubt an appeal will follow. I wouldn't want to be OGC trying to put a positive spin on that Decision. |
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Post by aljsouth on Mar 31, 2009 20:45:26 GMT -5
National Hearing Center. First opened in Falls Church, then New Mexico, plans for one in Chicago and one in Baltimore. All hearings are by video. |
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Post by alj on Mar 31, 2009 20:54:03 GMT -5
Yes, they will appeal it all the way.
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Post by deaddisco on Mar 31, 2009 21:26:47 GMT -5
actually kind of suprised to see the astrue/cristado/desoto union busting move lose this badly.
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Post by privateatty on Mar 31, 2009 21:52:43 GMT -5
Yes, they will appeal it all the way. Will SSA be able to stay the Decision of the Arbitrator (assuming that is a remedy/defense) or by appeal are they are relieved of any "duty" to follow same? Will it take a year for a DC Cir. Ct. of Appeals Decision, or longer? What is interim appellate level? Good stuff and of course very relative to future positions. Thx alj. |
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Post by noah on Mar 31, 2009 22:13:42 GMT -5
Thanks aljsouth
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Post by Legal Beagle on Apr 1, 2009 7:35:33 GMT -5
Who says this Board isn't followed:
Charles Hall's socialsecurity news reports:
Social Security has opened a National Hearing Center (NHC) with a few Administrative Law Judges (ALJs). The workflow in the National Hearing Center was arranged a bit differently and Social Security declared that the ALJs at the NHC were supervisors, making them ineligible to join the union that represents other Social Security ALJs. An anonymous poster on the ALJ Discussion Forum reports that the Social Security Administration has lost an arbitration on this issue. The ALJs in the NHC have been declared to not be supervisors and eligible to join the ALJ union.
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Post by valkyrie on Apr 1, 2009 7:59:37 GMT -5
This could lead to ALJ Transfer-Fest 2010.
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Post by Legal Beagle on Apr 1, 2009 8:08:09 GMT -5
So, do those that work at the NHC get paid more than line ALJs since they are "supervisors"?
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Post by alj on Apr 1, 2009 10:06:46 GMT -5
So, do those that work at the NHC get paid more than line ALJs since they are "supervisors"? No Little Beagle, they get the same number of dog biscuits each month. |
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Post by Legal Beagle on Apr 1, 2009 10:14:16 GMT -5
Well, that's it then - SSA will not win the appeal. If they got paid more, then there would be an argument . . .
Ruff!
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Post by zero on Apr 1, 2009 16:54:25 GMT -5
This could lead to ALJ Transfer-Fest 2010. Why? |
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Post by gjf323 on Apr 1, 2009 18:33:18 GMT -5
This could lead to ALJ Transfer-Fest 2010. I doubt it. An ALJ here who turned down a transfer offer indicated that several others had done the same due to the economic climate (no Relo). |
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Post by valkyrie on Apr 1, 2009 19:27:42 GMT -5
I'm sure that the economic climate is an issue, but the NHCs are prime locations that the sitting ALJs previously did not have a right to transfer to based upon the management designation of the slots.
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Post by doctorwho on Apr 1, 2009 19:37:56 GMT -5
Appeal an arbitration? I simply do not follow. How do you appeal an arbitration?
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Post by ssaer on Apr 1, 2009 20:17:25 GMT -5
This could lead to ALJ Transfer-Fest 2010. I doubt it. An ALJ here who turned down a transfer offer indicated that several others had done the same due to the economic climate (no Relo). My understanding is that new transfer opportunities to the National Hearing Centers will be offered to current ALJs, that some of those transfer opportunities will be as soon as this coming June, and that relocation expenses will be paid to those who transfer. |
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Post by valkyrie on Apr 2, 2009 8:56:54 GMT -5
"My understanding is that new transfer opportunities to the National Hearing Centers will be offered to current ALJs, that some of those transfer opportunities will be as soon as this coming June, and that relocation expenses will be paid to those who transfer. "
How are they getting the relo? You only get relo if you are transfering into a management slot. The arbitration just found that they could not be management slots. Is the relo supposed to be some kind of remedy?
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Post by ssaer on Apr 2, 2009 9:49:12 GMT -5
Under the Federal Travel Regulation, section 302-1.1, an agency can authorize relocation expense allowances where an employee is transferring from one duty station to another and the transfer is viewed as being "in the interest of the Government."
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