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Post by Interested on May 18, 2009 7:32:56 GMT -5
How often are ALJs evaluated? Are they written? What are the criteria?
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Post by vand**e on May 18, 2009 7:37:10 GMT -5
Pursuant to the APA Administrative Law Judges do not receive evaluations.
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Post by jagghagg on May 18, 2009 8:02:24 GMT -5
At present, ALJs, virtually alone among Federal employees, are statutorily exempt from any performance appraisal. Although agencies may seek removal or discipline of ALJs "for good cause" by initiating a formal proceeding at the MSPB, the Board has applied standards that have strictly limited the contexts in which such actions may successfully be taken against an ALJ. For example, agency actions premised on low productivity have never been successful before the Board.
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Post by ssaer on May 18, 2009 10:59:39 GMT -5
5 C.F.R. § 930.206 provides as follows:
(a) An agency may not rate the job performance of an administrative law judge.
(b) An agency may not grant any monetary or honorary award or incentive under 5 U.S.C. 4502, 4503, or 4504, or under any other authority, to an administrative law judge.
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Post by Interested on May 18, 2009 11:09:48 GMT -5
Thanks, all, for the quick and useful response.
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Post by Deleted on May 18, 2009 12:56:42 GMT -5
(b) An agency may not grant any monetary or honorary award or incentive under 5 U.S.C. 4502, 4503, or 4504, or under any other authority, to an administrative law judge. Interesting. So, no end-of year-bonuses or any thing like that? And I guess no incentive bonuses for high production either? |
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Post by nonamouse on May 18, 2009 13:03:12 GMT -5
(b) An agency may not grant any monetary or honorary award or incentive under 5 U.S.C. 4502, 4503, or 4504, or under any other authority, to an administrative law judge. Interesting. So, no end-of year-bonuses or any thing like that? And I guess no incentive bonuses for high production either? I've never heard of any type of judge that got bonuses whether local, state or federal. ALJs in federal service are still trying to get the cap adjusted or removed on their salaries. If you live in certain areas, you will hit the top pay band with less than 10 years on the job. |
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Post by ed on May 18, 2009 13:17:10 GMT -5
There have been judges who have received bonuses, but it is of the kind that should end them in jail.
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Post by workdrone on May 18, 2009 13:28:09 GMT -5
I've never heard of any type of judge that got bonuses whether local, state or federal. ALJs in federal service are still trying to get the cap adjusted or removed on their salaries. If you live in certain areas, you will hit the top pay band with less than 10 years on the job. Yup. ALJs do not get bonuses. In fact, ALJs can't even get OT or any sort of comp time that can be converted to OT either. So make sure you're happy with the compensation package before you take the job. As for hitting the top pay band. All ALJs should hit 3/F in 7 years (1 year each from A - D, 2 years each from D - F), unless the process gets accelerated by accepting a management ALJ position (HOCALJ, RCALJ, etc). However, due to locality pay, certain ALJs in high price areas (SF, NY, LA, Huston) will have salary within 2-3k of the 2009 cap of $162,900 by the time they are 3/D (after 3 years in, even less if they got a bump from HOCALJ assignment). Whereas some ALJs in lower cost of living areas (see ALJ pay table with locality pay factored in) will miss the salary cap by 1-2k even when they max out at 3/F after 7 years. |
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Post by workdrone on May 20, 2009 13:32:34 GMT -5
I thought the comp pay/OT thing was applicable to ALJs? ALJs do get credit hours and travel comp time that can't be converted to OT. However, true OT ($$ that gets tacked on top of your normal salary) and comp time convertable to OT/Cash are verboten.  |
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Post by rhino on May 20, 2009 14:50:15 GMT -5
Hey, PatriotsFan -
From ALJ Hiring Facts, Part 2:
What is Compensatory Time Off for Travel?
Compensatory time off for travel is a new form of compensatory time off that may be earned by employees for time spent in a travel status away from their official duty stations when such time is not otherwise compensable hours of work. Travel compensatory time is earned and used in 15 minute increments. Employees must request travel compensatory time, in writing or electronically, within 5 working days of returning from travel. Employees must use accrued travel compensatory time off by the end of the 26th pay period after the pay period during which it was credited. Under no circumstances may employees be compensated with pay for any unused travel compensatory time.
Employees having questions about travel compensatory time should consult with their supervisors.
(And I "bumped up" the thread on salary survey which has some information on this.)
Hey, I thought you'd KNOW this by now - what does your new agency do ?
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Post by ruonthelist on May 20, 2009 15:34:54 GMT -5
So if an ALJ travels for a hearing for example, she might be able to get comp time for having to leave in Sunday, correct? Patriotsfan: That is correct. Here is the staute: 5 U.S.C.§5550b. Compensatory time off for travel (a) Notwithstanding section 5542(b)(2), each hour spent by an employee in travel status away from the official duty station of the employee, that is not otherwise compensable, shall be treated as an hour of work or employment for purposes of calculating compensatory time off. (b) An employee who has any hours treated as hours of work or employment for purposes of calculating compensatory time under subsection (a), shall not be entitled to payment for any such hours that are unused as compensatory time. The OPM implementing regulations were issued in January 2005 and are codified at 5 C.F.R. §550.1401 et seq. Also, workdrone is correct, ALJs can earn various forms of credit or comp time (credit hours, travel comp, religious comp), for which they can obtain time off, but cannot get any form of comp time or overtime that would be convertible to pay. If you are an ALJ: extra work hours now for time off later, Yes extra work hours now for money later, No |
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Post by nonamouse on May 20, 2009 16:07:47 GMT -5
Hey, PatriotsFan - From ALJ Hiring Facts, Part 2: What is Compensatory Time Off for Travel?Compensatory time off for travel is a new form of compensatory time off that may be earned by employees for time spent in a travel status away from their official duty stations when such time is not otherwise compensable hours of work. Travel compensatory time is earned and used in 15 minute increments. Employees must request travel compensatory time, in writing or electronically, within 5 working days of returning from travel. Employees must use accrued travel compensatory time off by the end of the 26th pay period after the pay period during which it was credited. Under no circumstances may employees be compensated with pay for any unused travel compensatory time. Employees having questions about travel compensatory time should consult with their supervisors. (And I "bumped up" the thread on salary survey which has some information on this.)Hey, I thought you'd KNOW this by now - what does your new agency do ? There is a lot to learn even for someone who was in federal service already. I didn't get a straight answer about earning credit hours while in travel status until well after the 6 month mark and after my first "road trip" where a myriad of ridiculous things went wonky. Thankfully the hearings themselves were fine. BTW, the answer is that we can earn credit while in travel status which is good because I've encountered an amazing number of lazy attorneys who try to do a document dump at the last possible second which means spending time at the end of each day's hearings reading new evidence for the next day. |
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Post by jagghagg on May 20, 2009 16:32:45 GMT -5
I think Rhino was just kidding PF...
Travel comp time is actually a bit complicated. Time outside normal duty hours, but not the time you would normally spend going to and from work; not the time you spend in meals, but the time you spend when you can't do whatever you want (like leave the airport); time between flights counts, unless - of course - it the result of volunteering to give up your seat and take a later flight. The OPM website has a lot of good information on this subject.
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Post by ruonthelist on May 21, 2009 7:08:49 GMT -5
I didn't get a straight answer about earning credit hours while in travel status until well after the 6 month mark and after my first "road trip" where a myriad of ridiculous things went wonky. Thankfully the hearings themselves were fine. BTW, the answer is that we can earn credit while in travel status which is good because I've encountered an amazing number of lazy attorneys who try to do a document dump at the last possible second which means spending time at the end of each day's hearings reading new evidence for the next day. nonamouse: It's too bad that you didn't find out about that earlier. It is explicitly addressed in the collective bargaining agreement: Article 14, Section 5.A.3. A Judge may earn credit hours while working at a temporary duty station in travel status. When a Judge on a FWA is required to revert to a regular 5/8 (five eight-hour days) schedule for hearing trips, the Judge may earn credit hours at the temporary duty station and on the Saturday following. |
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Post by privateatty on May 21, 2009 10:21:24 GMT -5
I didn't get a straight answer about earning credit hours while in travel status until well after the 6 month mark and after my first "road trip" where a myriad of ridiculous things went wonky. Thankfully the hearings themselves were fine. BTW, the answer is that we can earn credit while in travel status which is good because I've encountered an amazing number of lazy attorneys who try to do a document dump at the last possible second which means spending time at the end of each day's hearings reading new evidence for the next day. nonamouse: It's too bad that you didn't find out about that earlier. It is explicitly addressed in the collective bargaining agreement: Article 14, Section 5.A.3. A Judge may earn credit hours while working at a temporary duty station in travel status. When a Judge on a FWA is required to revert to a regular 5/8 (five eight-hour days) schedule for hearing trips, the Judge may earn credit hours at the temporary duty station and on the Saturday following. There's as moral to this story (as I would say to my kid). Have a study group after hours on the CBA during training. |
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Post by ruonthelist on May 21, 2009 21:44:03 GMT -5
I always urge new judges, whether or not they decide to join AALJ, to get a copy of the CBA and familiarize themselves with it, because it regulates the details of your employment whether or not you are a member.
Having said that, I note the caveat that the CBA, while it is useful, is not definitive. For example, travel comp time, which has already been discussed on this thread, is not covered in the CBA because the statute was enacted several years after the agreement was negotiated.
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