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Post by redsox1 on Jun 27, 2015 9:11:28 GMT -5
The 12 month to telework is being interpreted as an ALJ can APPLY to telework 12 months from the date of hire. the application period is only open 2x a year in August and February, I think. if you miss the date due to your hiring date, you have to wait until the next time. My understanding is that this interpretation is the subject grievance and there are ongoing settlement discussions. Hopefully, it's a nonissue. I'm speaking from the perspective of a writer and under the AFGE contract, so I understand that it could be completely different. However, we were able to apply to telework during the proper application period prior to our anniversary, and actually start as soon as we hit that anniversary date. I don't believe our contract specified you could not apply prior to the two year (under our old contract) anniversary, and clearly wasn't interpreted that way, but we just couldn't start teleworking prior to that time. Not to get too far off topic here. I also was an AFGE writer and had the same telework experience you described. As an ALJ, the provision was interpreted differently. In the manner I described. Not sure why. I have my ideas but that is for another thread.
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Post by westernalj on Jun 27, 2015 9:35:21 GMT -5
The union brought a grievance about the telework start date. I don't think a hearing date is set yet.
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Post by hopefalj on Jun 27, 2015 9:57:32 GMT -5
I'm speaking from the perspective of a writer and under the AFGE contract, so I understand that it could be completely different. However, we were able to apply to telework during the proper application period prior to our anniversary, and actually start as soon as we hit that anniversary date. I don't believe our contract specified you could not apply prior to the two year (under our old contract) anniversary, and clearly wasn't interpreted that way, but we just couldn't start teleworking prior to that time. Not to get too far off topic here. I also was an AFGE writer and had the same telework experience you described. As an ALJ, the provision was interpreted differently. In the manner I described. Not sure why. I have my ideas but that is for another thread. NTEU was also interpreted that way, too. However, OGC applied it in the manner that is applied for ALJs. My guess is that if the contractual language is different than the AFGE and NTEU contracts, it's not going to be successfully challenged.
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Post by funkyodar on Jun 27, 2015 14:18:41 GMT -5
The union has reported that the agency has told them they want to settle this grievance but have yet to send proposed terms.
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float
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Post by float on Jun 27, 2015 21:34:05 GMT -5
Respectfully disagree with this. As far as the schedulers at my new hearing office (Mount Pleasant) hooking me up with the maximum, that did not happen. Was given the freedom to do how I saw fit, which was much appreciated. If you can handle it, handle it. Everyone knows what their limitations are. I can't imagine calling up a new workplace and demanding (suggesting, insisting, asking, whatever) to be assigned no more than the minimum amount of work. Reasonable minds will differ. And, Devildog, you did great while you were here, and you will be fabulous wherever you are. For the rest of you, yes, handle it. But protect your learning time by jealously guarding your docket. Insist on the time you need, and which has been set aside, to figure this out. The first year is when you have the best chance to sort out the law, set up systems you can rely on, and figure out who to trust and how to evaluate everyone else. The habits you build during the learning curve will either sink you or save you when the files get bigger, the HOCALJ resigns, your office changes, you change to a new agency... whatever. Work it out now. Figure it out, handle it, but get help. Those of us who are waiting for you to show up, either this Monday or some future Monday, want you to succeed. I want you to love this job, and to be excellent, and to stay in my office. Because, pal, we need the help and it will be easier if you are happy to be here. So. Ask me anything if you need anything. Really. with love, Your New Office Buddies.
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Post by mamaru on Jun 27, 2015 21:39:00 GMT -5
Is this a change (or prospective change) in the transfer provisions of the ALJ contract that will affect individuals with later higher dates? Seems like the law of averages doesn't really apply - pretty much depends on where you want to go. The 12 month to telework is being interpreted as an ALJ can APPLY to telework 12 months from the date of hire. the application period is only open 2x a year in August and February, I think. if you miss the date due to your hiring date, you have to wait until the next time. My understanding is that this interpretation is the subject grievance and there are ongoing settlement discussions. Hopefully, it's a nonissue. Sorry, I thought you were referring to the transfer, not the telework. I was confused.
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Post by redryder on Jul 2, 2015 12:45:01 GMT -5
Bobharris:
You are not an Article III judge. That position is worlds apart from the job of the ODAR ALJ. An ODAR office is a collaborative effort. The ALJ supervises no one in a field office. The writers may be working out of a pool and, if so, the ALJ has no control over to whom his cases are sssigned for writing. There may be a technician who is assigned to work "WITH" the ALJ and assist when the ALJ has questions about cases. But that technician does not work "FOR" the ALJ. The ALJ does not supervise that technician or assign work. Anything the ALJ has is a request for assistance.
Unfortunately, many new ALJs come into the field office with the idea that these offices are pyramids with the ALJ at the pinnacle. While the ALJ is at the top of the pay scale, the well-run office is more like a loop. Claims come in and pass through the various components, including the ALJ holding the hearing, and then pass out of the office.
And I do not say this to demean the ALJ position. It is critical as only the ALJ can make the decision on the claim. But there is so much more to getting a claim resolved than making the decision. To keep the claims moving smoothly through the system and the ALJ with adequate dockets takes a lot of cooperation from everyone involved, including the ALJ.
The most effective judges I have seen in my ODAR career are those who take the time to understand the whole process and not just their roles. They give their docket dates well in advance (I try to plan my entire year every September/October). They are flexible if the staff need to change a docket date or site. They are mentors to staff who have questions, but they are not supervisors and don't try to be. They understand that everyone in the office is a colleague and not just the other judges. And when they take that attitude, it is amazing how the staff rally whenever that judge has an emergency or a problem. But if you elect to take the position that you are above the others because you are a judge, the staff will do your work but don't ever expect more than the least effort it takes to accomplish it.
It is not a matter of being buddies. The staff address me at "Judge." It is a matter of respect. They know I respect them and value their contributions to getting the work done.
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icewe
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Post by icewe on Jul 2, 2015 13:02:31 GMT -5
As a retired state court judge, very well said redryder. Pride falleth before the man.
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Post by hopefalj on Jul 2, 2015 13:10:10 GMT -5
But there is so much more to getting a claim resolved than making the decision. To keep the claims moving smoothly through the system and the ALJ with adequate dockets takes a lot of cooperation from everyone involved, including the ALJ. The most effective judges I have seen in my ODAR career are those who take the time to understand the whole process and not just their roles. They give their docket dates well in advance (I try to plan my entire year every September/October). They are flexible if the staff need to change a docket date or site. They are mentors to staff who have questions, but they are not supervisors and don't try to be. They understand that everyone in the office is a colleague and not just the other judges. And when they take that attitude, it is amazing how the staff rally whenever that judge has an emergency or a problem. But if you elect to take the position that you are above the others because you are a judge, the staff will do your work but don't ever expect more than the least effort it takes to accomplish it. It is not a matter of being buddies. The staff address me at "Judge." It is a matter of respect. They know I respect them and value their contributions to getting the work done. I don't know that this can be emphasized enough. Well said!
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Post by ibnlurkin on Jul 2, 2015 14:53:44 GMT -5
Maybe I read it wrong .. but I don't think bobharris was saying he was, is, or should be an Article III judge
Also ....his post was much more of an advisory than a complaint.....
I think he was talking about the best way to get the new ALJ into the LOOP you so eloquently described
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Post by luvgov on Jul 2, 2015 21:48:05 GMT -5
I am sorry this happened to you. You will need to carefully watch your docket in the future - you are in control of it, not your clerk, the HOD or HOCALJ. It is too bad your mentor did not figure out this was happening and made sure you were consulted first. However, mistakes happen and that is why ALJ Standing Orders are important -- (but that is another subject)
I see two solutions -- I would suggest that you consider continuing some of the hearings in which the claimant appears without a rep and additional medical evidence is needed.
This might also be a good option in cases where the claimant is represented but all of the medicals are not in and/or the rep submits massive amounts of records into the file just before the hearing.
You are responsible for making sure that the claimant has a full and fair hearing. If all of the medicals are not in, or you are unable to review the record (due to admission of records just before the hearing) it is perfectly OK to continue. All of the ALJ's in my office do this.
Here is what I do in these cases. I open the hearing, swear the claimant in and then question the claimant and/or rep carefully to determine what records if any are missing. I ask the rep how long he/she needs to submit or I obtain a release so that our office can order if the claimant has no rep. I advise that the hearing will be rescheduled in order to make sure that the claimant has a full and fair hearing. If I have been unable to review all of the records due to late submission, I also state this on the record.
Another solution, you could also ask that at least one day each month be assigned to another ALJ. I know most new ALJ's would be uncomfortable doing this but this period of time is your ONLY CHANCE to have time to learn this job. In my view, this would be a perfectly acceptable reason to have your cases assigned to another ALJ one day each month so you are at the minimum rather than maximum. Also, if you do this your office will know that in the future, you will plan to be involved in scheduling your cases.
In our office, there is usually another judge who will pick up the cases -
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Post by coolmom on Jul 3, 2015 9:49:52 GMT -5
Bobharris: You are not an Article III judge. That position is worlds apart from the job of the ODAR ALJ. An ODAR office is a collaborative effort. The ALJ supervises no one in a field office. The writers may be working out of a pool and, if so, the ALJ has no control over to whom his cases are sssigned for writing. There may be a technician who is assigned to work "WITH" the ALJ and assist when the ALJ has questions about cases. But that technician does not work "FOR" the ALJ. The ALJ does not supervise that technician or assign work. Anything the ALJ has is a request for assistance. Unfortunately, many new ALJs come into the field office with the idea that these offices are pyramids with the ALJ at the pinnacle. While the ALJ is at the top of the pay scale, the well-run office is more like a loop. Claims come in and pass through the various components, including the ALJ holding the hearing, and then pass out of the office. And I do not say this to demean the ALJ position. It is critical as only the ALJ can make the decision on the claim. But there is so much more to getting a claim resolved than making the decision. To keep the claims moving smoothly through the system and the ALJ with adequate dockets takes a lot of cooperation from everyone involved, including the ALJ. The most effective judges I have seen in my ODAR career are those who take the time to understand the whole process and not just their roles. They give their docket dates well in advance (I try to plan my entire year every September/October). They are flexible if the staff need to change a docket date or site. They are mentors to staff who have questions, but they are not supervisors and don't try to be. They understand that everyone in the office is a colleague and not just the other judges. And when they take that attitude, it is amazing how the staff rally whenever that judge has an emergency or a problem. But if you elect to take the position that you are above the others because you are a judge, the staff will do your work but don't ever expect more than the least effort it takes to accomplish it. It is not a matter of being buddies. The staff address me at "Judge." It is a matter of respect. They know I respect them and value their contributions to getting the work done. As a decision writer, I totally agree with you redryder. When given the opportunity, I have learned the duties of non-decision writers in our office. On other occasions, I have sought out others and asked them to explain or show me what it is they do. I now have respect for everyone in this office because it takes everyone to make the office run well. It also helps when a problem arises in that I know who to seek to help fix that particular problem. Everyone in our office addresses the judges as "Judge." However, in order to be respected, everyone has to show respect.
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Post by bartleby on Jul 7, 2015 7:52:01 GMT -5
I know, I always stick my nose in where I shouldn't, but here goes. No hearing should be scheduled until the hearing Judge says it is ready for a hearing. When you report in, you should be assigned 50 or so cases and have time to review them and see if they need development or whatever or if they are ready to be scheduled. When you say they are ready to be scheduled, they can be scheduled. They are your cases and your liability once scheduled. Furhter, you pick the days you want to have hearings, with some consideration for the number of hearing rooms available. I prefer afternoon hearings. Remember the old law warning, you may waive your rights if you don't know what they are. As others have said, the first six months of your Judgeship should b eused for experimenting and finding out what works for you. If you don't have a good mentor, request a change. If you have a HOCALJ as a mentor, resign. A good mentor will tell you short cuts that a HOCALJ will report you for. Once the first six months are passed you will have a hard time making changes in almost anything you are doing because of the workload. Furhter, the office is not supposed to assign hearings further than 3 months out, but watch them. Some offices are assigning December and January already. If you allow them to assign you too much work and you get behind, you can and probably will be punished/disciplined. that discipline may be a letter of repremand in your file and it very well may take you off of the transfer list for a year. You are in the big boy leagues now and you will soon find out why the Union is so busy fighting management. Ask some one what ARPR status is. It is where all cases being assigned to you are supposed to go for your review prior to being scheduled. As always, flame suit on.
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Deleted
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Post by Deleted on Jul 10, 2015 0:59:54 GMT -5
I know, I always stick my nose in where I shouldn't, but here goes. No hearing should be scheduled until the hearing Judge says it is ready for a hearing. When you report in, you should be assigned 50 or so cases and have time to review them and see if they need development or whatever or if they are ready to be scheduled. When you say they are ready to be scheduled, they can be scheduled. They are your cases and your liability once scheduled. Furhter, you pick the days you want to have hearings, with some consideration for the number of hearing rooms available. I prefer afternoon hearings. Remember the old law warning, you may waive your rights if you don't know what they are. As others have said, the first six months of your Judgeship should b eused for experimenting and finding out what works for you. If you don't have a good mentor, request a change. If you have a HOCALJ as a mentor, resign. A good mentor will tell you short cuts that a HOCALJ will report you for. Once the first six months are passed you will have a hard time making changes in almost anything you are doing because of the workload. Furhter, the office is not supposed to assign hearings further than 3 months out, but watch them. Some offices are assigning December and January already. If you allow them to assign you too much work and you get behind, you can and probably will be punished/disciplined. that discipline may be a letter of repremand in your file and it very well may take you off of the transfer list for a year. You are in the big boy leagues now and you will soon find out why the Union is so busy fighting management. Ask some one what ARPR status is. It is where all cases being assigned to you are supposed to go for your review prior to being scheduled. As always, flame suit on. Bartleby,
I was thinking of you and your possible comments about other folks' comments, as I read this thread and saw your post.
I have been busier than a one legged man in a butt kicking contest this week in a travel docket doing 30 hearings in 5 days at a remote hearing site. This is my 8th full month of hearing cases as an ALJ. 8 months in the job as an ALJ and I'm doing 6 hearings a day/ 5 days a week, 250 miles from my home office with only myself as an ODAR employee.
I have 55+ ALPOs, 10 + Edits/SIGN (can't sign any from a remote site) and another travel docket 5 weeks from now in August, but, I can and will handle it, because I have the eye of the Tiger....(Rocky music in the background)!
So redryer and all others can sit around the camp fire and sing "kumbaya" all they wish, but any NEW United States Administrative Law Judge (OGC loves this title) better stand up for the rights that they have under the Administrative Procedures Act to control their dockets and judicial independence and the CBA (union contract) that the AALJ has fought for over many years or you will be trampled upon and suffer the consequences.
I don't have an ego, I just believe that we work too hard as ALJs to give away anything to the whims of the scheduler/staff or management that is not covered by the CBA. I set my schedule working with the other ALJs in the office, nobody else. IMHO Tigerlaw
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Post by anotherfed on Jul 10, 2015 13:22:22 GMT -5
but, I can and will handle it, because I have the eye of the Tiger....(Rocky music in the background)!
Nice Katy Perry reference! Never figured you for a Katy Perry fan, big guy.
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Deleted
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Post by Deleted on Jul 10, 2015 14:08:36 GMT -5
but, I can and will handle it, because I have the eye of the Tiger....(Rocky music in the background)!
Nice Katy Perry reference! Never figured you for a Katy Perry fan, big guy.
Noooooooo! You just showed your age there, ma'am. He means (I'm sure) the original Eye of the Tiger circa 1982! Survivor - Eye Of The Tiger - YouTube "www.youtube.com/watch?v=btPJPFnesV4"
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Post by funkyodar on Jul 10, 2015 14:40:10 GMT -5
Noooooooo! You just showed your age there, ma'am. He means (I'm sure) the original Eye of the Tiger circa 1982! Survivor - Eye Of The Tiger - YouTube "www.youtube.com/watch?v=btPJPFnesV4" Clearly you don't know tigerlaw. He so meant Katy Perry. ....
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Post by redryder on Jul 10, 2015 14:53:59 GMT -5
Dear Tigerlaw: Having been a Girl Scout for many, many years, I do love a good campfire/Kumbaya/so'mores fest. But now after reading your post, I have some serious concerns about my position. So at the risk of causing this board to explode into flames, please explain what "rights" you think I am giving up.
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Post by gary on Jul 10, 2015 14:55:36 GMT -5
Dear Tigerlaw: Having been a Girl Scout for many, many years, I do love a good campfire/Kumbaya/so'mores fest. But now after reading your post, I have some serious concerns about my position. So at the risk of causing this board to explode into flames, please explain what "rights" you think I am giving up. Before it's too late, take your arm out of the tiger's cage!
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Post by hilltopper on Jul 10, 2015 15:22:20 GMT -5
Dear Tigerlaw: Having been a Girl Scout for many, many years, I do love a good campfire/Kumbaya/so'mores fest. But now after reading your post, I have some serious concerns about my position. So at the risk of causing this board to explode into flames, please explain what "rights" you think I am giving up. Before it's too late, take your arm out of the tiger's cage! Okay Tiger ... remember your kinder gentler nature. Be the KittyLaw where members of the board are concerned. Or, if you're inclined to growl/bite, remember ... you do have PM capability. ... Was wondering why you weren't communicating by IM with me this past week ... now I know. Talk to you next week. ht
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