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Post by mynameisadahn on Jan 14, 2016 15:39:58 GMT -5
Hello,
First, thanks for this forum. I have seen a few mentions of ALJs and telework and wanted to have a specific discussion about it.
I am picking what cities I want to list on my application for the upcoming OPM announcement. If I know there are going to be some telework days, then that effects where I plan on living relative to the hearing office. Ideally I want to live out in a rural or semirural place. Here are my questions: is it true that some ALJs get telework 3 days a week, or is it just one day? I have heard this varies by office, but that would be very surprising to me since ALJs are unionized . . . It seems that would just be set in the contract.
Also, do ALJ's at the national hearing centers get any telework days? I have heard they do not. (Related question, are the hearing centers good places to work? I imagine all the hearings are by Skype?)
Thanks!
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Post by luckylady2 on Jan 14, 2016 15:48:48 GMT -5
Welcome to the board, myname! My you ARE getting a jump on your homework, aren't you?? There's a good thread on telework here: aljdiscussion.proboards.com/thread/3467/alj-teleworkThe search function at the top of the General Section works pretty well for questions like these - to see if it's already been discussed, as this issue has. Also the FAQ at the beginning of the General Section has a lot of good, basic info. Glad to have you aboard!
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Post by 183 on Jan 14, 2016 16:19:49 GMT -5
Quick: One year before you can telework. 2 days per week. Can telework five days in one week if you are in the office for the whole week the week before. Currently enforcing a 100-mile limit to your alternative work station. Have to pick your days in March and September for the next six months. Region IV used to allow 3 days per week, but that is not allowed anymore. [Edited--it is a 100-mile limit, not 60]
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Post by mynameisadahn on Jan 14, 2016 16:30:27 GMT -5
Awesome, thanks for those responses on the telework issue. And yes I do like to do my homework - I've been looking forward to the next announcement for a little while now If anyone has thoughts on the hearing centers, I'd appreciate it.
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Post by Deleted on Jan 14, 2016 16:47:56 GMT -5
The ALJ TW program changed greatly effective 01/11/2016. ALJs are now permitted to earn credits hours while on telework, including weekends. ALJs could not do so before this. (In essence, assuming you TW and you collect credit hours as well, you can ---hypothetically--- TW, collect and use credit hours such that you need only be in office on days to conduct actual hearings. If you could then hold hearings by VTC from your home, you would not need an hearing office for yourself either).
So an updated TW scenario in nutshell format for new ALJs is:
You can start TW after one year in office. You will submit your TW schedule for the upcoming period (3-6 mos) to your HOCALJ for authorization to start. Your TW station (home) must meet certain physical requirements/safeguards w/photos of same submitted to HOCALJ.
If approved then
You can TW up to 8 days per month at your choosing. More than 8 days (in some offices) requires pre-authorization. No more than 3 days in a row can be TW w/o prior HOCALJ approval. ----unless you did 5 hearing days the week before then you can do 5 TWs w/o HOCALJ approval. You cannot TW if you choose a 5-4/9 or 4/10 work schedule.
And then, allegedly, you "cannot" TW if your TW station is more than 2 hours from your official work station. This provision is kind of an unwritten policy that exists ....but does not exist. E.g., no one knows nor knows what it means. Does it mean a 2 hour drive(?) walk(?) trainride(?) airflight (?)? No one knows. From what point of time to when? Nobody knows. The time your feet hit the ground when you wake up at home (your TW) station, or the time from when you actually log in on your TW computer? Does the 2 hour time run from the edge of your city limits to the edge of your office city limits? (Example; It can take literally hours to cross some cities, so does your 2 hours timeline start from when you start driving from your home, or when you reach city limits; the latter could mean an actual TW distance of 5,6, 7+ hrs? What if your actual GPS measured TW distance from home to office is 2 hrs and 3 minutes? Does 3 minutes deny you right to TW? What if you speed and then cut that same distance down to 1 hour and 58 minutes instead? Now can you TW? If you find an answer to all this let us all know.
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Post by Propmaster on Jan 14, 2016 17:14:49 GMT -5
FYI - other personnel rules that should be (I am not sure if they are) incorporated into the CBA prevent using credit hours to regularly adjust your schedule such that you effectively have invented your own base tour of duty (expected work schedule). In other words, you can't work 2 hours of credit every Monday through Thursday and take every Friday off unless you ask for and are approved to work on that available schedule. No self-help on work scheduling on an ongoing basis.
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Post by hopefalj on Jan 14, 2016 17:28:10 GMT -5
Just curious, the 5 telework days after 5 days of hearings intrigues me. Is anyone doing this or would this be an insane schedule to follow for more than a few weeks. I know of judges that swear by it. I believe there may be some offices that essentially force you to have hearings every other week, but I could be mistaken. It's something you can certainly experiment with as you don't have to have a fixed schedule for your entire career. Your schedule is dictated only by how far out you're scheduling cases and hearing room availability.
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Post by prescient on Jan 14, 2016 17:39:47 GMT -5
FYI - other personnel rules that should be (I am not sure if they are) incorporated into the CBA prevent using credit hours to regularly adjust your schedule such that you effectively have invented your own base tour of duty (expected work schedule). In other words, you can't work 2 hours of credit every Monday through Thursday and take every Friday off unless you ask for and are approved to work on that available schedule. No self-help on work scheduling on an ongoing basis. I'm not aware of any provision that prevents this
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Post by JudgeRatty on Jan 14, 2016 20:05:42 GMT -5
Just curious, the 5 telework days after 5 days of hearings intrigues me. Is anyone doing this or would this be an insane schedule to follow for more than a few weeks. I know of judges that swear by it. I believe there may be some offices that essentially force you to have hearings every other week, but I could be mistaken. It's something you can certainly experiment with as you don't have to have a fixed schedule for your entire career. Your schedule is dictated only by how far out you're scheduling cases and hearing room availability. I know of one office that does hearings like this... Week of hearings all in a row then week off and doing prep work. It's a large office and it works.
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Post by Loopstok on Jan 14, 2016 22:39:03 GMT -5
I know of judges that swear by it. I believe there may be some offices that essentially force you to have hearings every other week, but I could be mistaken. It's something you can certainly experiment with as you don't have to have a fixed schedule for your entire career. Your schedule is dictated only by how far out you're scheduling cases and hearing room availability. I know of one office that does hearings like this... Week of hearings all in a row then week off and doing prep work. It's a large office and it works. I have been experimenting with that schedule this month (except I'm not eligible to telework just yet), 5 days on and 5 days off. I actually like it -- it's only 5 hearings a day during "on" weeks, so it seems like I have more "free" time in the afternoon (to go over EDITs and ALPOs). And, interestingly, I get more hearings scheduled per month this way (50) than with my old 6-hearings-every-Tues-and-Thurs schedule (48). The major drawback is that I prep each day of hearings, a week before the hearing date (Monday last week to prep Monday this week, for example). And a LOT of stuff often gets submitted in that final week -- 8-page representative briefs, big fluffy 46-page stacks of GP records, etc. Still, it feels a little less frenetic than the every Tues & Thurs schedule. The "off" weeks feel almost civilized. It can be challenging, though, in terms of sharing hearing rooms, if you have a more crowded office and you're the junior member of the office, in which case getting hearing space is at a premium.
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Post by Deleted on Jan 15, 2016 7:20:27 GMT -5
I also know of no 2 hour per day credit hour limit being practiced in any office; if so that should be reported as a violation/grievance of the CBA.
Per Art. 14 Sec 4 et seq. aljs can earn up to 3 hrs credit per workday and up to 8 hrs credit on non-regular workdays. No more than 33 credit hours can be earned per pay period. The maximum carry over for use or lose is 24 credit hours per pay period. The regular and non-regular allowable work hours for aljs are between 0630 and 1800 during which credit hours may be earned.
This policy now applies to telework days as well (eff. 01/11/16)
I and many other aljs routinely earn credit hours each and every day of work, continuously. In my case I always keep 24 credit hrs in the bank, working weekends would permit another 16 credit hrs, allowing me to take the following week off on credit hours alone, if so desired.
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Post by carrickfergus on Jan 15, 2016 9:19:54 GMT -5
"FYI - other personnel rules that should be (I am not sure if they are) incorporated into the CBA prevent using credit hours to regularly adjust your schedule such that you effectively have invented your own base tour of duty (expected work schedule). In other words, you can't work 2 hours of credit every Monday through Thursday and take every Friday off unless you ask for and are approved to work on that available schedule. No self-help on work scheduling on an ongoing basis."
That is what I did for almost two years before my transfer came through, which allowed me to have a long weekend home. Had a manageable 5-hour drive. Arrive home Friday night, head back to work Monday evening.
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Post by Deleted on Jan 15, 2016 9:52:06 GMT -5
I also routinely take Fridays off per earned credit hours M-Th.
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Post by tripper on Jan 15, 2016 10:11:59 GMT -5
I had heard that telework can/will be suspended for an ALJ not scheduling and holding 50 hearings per month. Is this being enforced?
Thanks, Trip
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Post by Deleted on Jan 15, 2016 11:03:07 GMT -5
Not that I am aware. Also note your choice of words is very important. In most offices ALJs do not schedule cases, that is done by scheduling personnel. (E.g. in my case, scheduling of cases occurs 3+ months in advance; the numbers of cases same greatly depend on how many the office receives from surrounding offices and states. I have zero, ziltch, nada control or input over that.)
TW can only be "suspended" under Art 14 Sec 8 terms and full notice, grievance etc procedures apply. There is no mention of 50 cases per month etc therein.
In regard to the "scheduling" of TW days then Art 14 Sec 7 et seq comes into play; therein when "scheduling" your TW, then "If, the Employer determines that a Judge has not scheduled a reasonably attainable number of cases for hearing, then after advising the Judge of that determination and further advising the Judge that his or her ability to telework may be restricted, the Employer may limit the ability of the Judge to telework until a reasonably attainable number of cases are scheduled." Again there is no mention of what is a reasonably attainable number of cases and note there is no suspension of TW: only a "restriction"...whatever that may mean.
IMHO: 50 hearings a month is not at all difficult. (e.g., I just did 26 in the past 3 days.) I am sure you will hear from others on here as well that do not find 50 hearings a month as an egregious amount. Do not let simple numbers take you aback. Of 50 hearings scheduled it would not be at all unusual to see 20 or more of those to be no shows. I have had days where 7 out of 8 scheduled hearings are no shows. No show, show, etc., they are all dispositions. They all count in your favor toward number of cases.
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Post by Pixie on Jan 15, 2016 11:09:10 GMT -5
I had heard that telework can/will be suspended for an ALJ not scheduling and holding 50 hearings per month. Is this being enforced? Thanks, Trip The operative word is "schedule," not "hold." This is a requirement outside of the CAB from OCALJ. And, yes, HOCALJs are instructed to enforce this. The scheduling of 50 cases per month is on a sliding scale (starting at 40 cases, as I remember) that is intended to gradually increase the workload so as not to be burdensome. Pixie.
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Post by Propmaster on Jan 15, 2016 14:35:26 GMT -5
I also know of no 2 hour per day credit hour limit being practiced in any office; if so that should be reported as a violation/grievance of the CBA.
Per Art. 14 Sec 4 et seq. aljs can earn up to 3 hrs credit per workday and up to 8 hrs credit on non-regular workdays. No more than 33 credit hours can be earned per pay period. The maximum carry over for use or lose is 24 credit hours per pay period. The regular and non-regular allowable work hours for aljs are between 0630 and 1800 during which credit hours may be earned.
This policy now applies to telework days as well (eff. 01/11/16)
I and many other aljs routinely earn credit hours each and every day of work, continuously. In my case I always keep 24 credit hrs in the bank, working weekends would permit another 16 credit hrs, allowing me to take the following week off on credit hours alone, if so desired. I was not meaning to refer specifically to a 2-hour limit. The point was that you cannot alter your work schedule without approval within the confines of the options - fixed schedule or one of several flexible options. If an employee is consistently (i.e., every week) earning credit of 1 hour Monday and Tuesday and 3 hours Wednesday and Thursday and then taking every Friday off, that employee has changed his or her work hours without approval. This is a management call, and I assume it is rarely used unless the employee did something else wrong. I am just pointing out that there are guidelines on the approval of use of credit and it will not necessarily be true that a person can adjust his or her schedule through creative use of credit hours.
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Post by phoenixrakkasan on Jan 15, 2016 16:56:26 GMT -5
I also routinely take Fridays off per earned credit hours M-Th. That is a lot of time off.
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Post by thankful1 on Jan 17, 2016 22:23:37 GMT -5
IMHO: 50 hearings a month is not at all difficult. (e.g., I just did 26 in the past 3 days.) As a new Judge already behind the 8-ball, I cannot understand how any judge could conduct 26 hearings in 24 hours, or even 30 hours. If you are working 4 10's, that leaves one day for file prep, edits, instructions, and all the other miscellany. I honestly can't figure it out. I'd be a much happier human if I could figure it out. But its been a struggle to keep afloat on the learning curve.
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Post by thankful1 on Jan 17, 2016 22:26:39 GMT -5
I also routinely take Fridays off per earned credit hours M-Th. That is a lot of time off. It seems like no time off at all. 40 hours worked over 4 days = 40 hours worked over 5 days, doesn't it?
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