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Post by thankful1 on Jan 22, 2016 19:31:52 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.
I'm just quoting myself to bump this, because I still can't wrap my head around 26 hearings in three days. I get the actual hearings, what I don't get is how to prep for them, write instructions for them, and edit decisions already in the pipeline.
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Post by ok1956 on Jan 22, 2016 19:42:21 GMT -5
It's a week on and a week off and no hearings the last week of a month if there are five weeks in a month. So you prep, review and sign in the non- hearing weeks.
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Post by Peabody on Jan 22, 2016 21:44:55 GMT -5
Yeah, I am giving it a shot. I had a difficult week (which I know a lot of us did) but had to write an affirmation on a - and I am honestly not kidding here - a homeless teen who has had multiple inpatient admissions for suicide attempts. I have been an atty-writer (which is way below everybody's wish list, but I was an assistant DA for years prior to this) for a few years, and when you get hit with some of these horror stories, it is difficult. The only reason I'd like to be an ALJ is to inject some reason into this process. And I realize that most folks are very nice on here and don't say things that are anti-judge, but I can personally attest to the fact that one of our office's ALJs relies overly on AAs to make his determinations. I hope everybody on board does better than what I have seen, and I wish everyone the best of luck.
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Post by hapi2balj on Jan 29, 2016 9:44:52 GMT -5
On a more mundane note - I've seen reference to "core working hours" and, in another post, mention of 6:30 a.m.-6:00 p.m. Please pardon my ignorance, but as I correct in assuming that system-wide, ALJs are supposed to get their work hours in between 6:30a and 6:00p Mon-Fri? Or is there variation from ODAR to ODAR? Thanks -
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Post by whyohwhy on Jan 29, 2016 10:33:49 GMT -5
On a more mundane note - I've seen reference to "core working hours" and, in another post, mention of 6:30 a.m.-6:00 p.m. Please pardon my ignorance, but as I correct in assuming that system-wide, ALJs are supposed to get their work hours in between 6:30a and 6:00p Mon-Fri? Or is there variation from ODAR to ODAR? Thanks - most ODAR offices are open 630-6 but in some larger metro areas offices are permitted to open at 6 am. The latest you can show up for work and be "on time" is 930. The "core hours" refers to the period of time where everyone's hours for the day overlap, i.e. from 930-3 pm or from 930-230 if the office opens at 6 am. this is usually the time any mandatory meetings or trainings are scheduled for. the period from 630-930 and from 3-6 are referred to as the flexible bands where employees are coming and going as their days start and end.
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Post by tom b on Jan 29, 2016 10:42:57 GMT -5
Hapi: I do not have the ODAR collective bargaining agreement in front of me, as I have never been part of that organization (or, for that matter, an ALJ union), but I can give you some insight from the two agencies I've worked for, and I imagine that the insight applies to ODAR mutatis mutandis depending on individual office needs.
Unlike the uniformed services, where the clock is pretty much meaningless (although the laws of physics still apply, and where of course there are policies in place for earning and using leave, which is counted in days and not hours), the civil service has very strict rules (some of them derived from the anti-deficiency act) about workplace presence. In the two ALJ positions I've held, the ALJ's themselves are not covered by any CBA but are third-party beneficiaries of one. The CBA essentially requires all employees to put in 8 hours per duty day; requires them to be present at the principal or alternate work station during "core hours" which are defined in the CBA, usually between 0930 and 1400; requires them to take an unpaid 30-minute lunch break; and allows them flexibility in arrival and departure.
The "arrival" and "departure" bands account for the 0600 (0630) and 1830 (1900) times you might be seeing. An employee may arrive any time during the arrival band before the core hour period, and an employee may leave any time during the departure band after the core hour period. If an employee wishes to accrue credit hours, usually the employee must do so during the arrival or departure band or both.
Once again, the employee must give the taxpayers 8 hours per day. That could mean 4 hours of work and 4 hours of some sort of leave, you know, some combination that adds up to 8. If the employee gives more than 8 hours, then he is entitled to some sort of compensation, and the means settled on for the ALJ is credit hours. An ALJ cannot earn time-and-a-half, an ALJ cannot earn "comp time," an ALJ cannot receive incentive awards, but an ALJ can earn and use credit hours. For an ALJ who is new to federal service and having to manage the logistics of relocating, those credit hours come in awfully handy.
Respectfully, Tom B
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Post by Pixie on Jan 29, 2016 11:05:46 GMT -5
The following is from the contract. It should answer questions about office access:
A Judge may access the hearing office from 5:00 a.m. to 10:00 p.m., Sunday through Saturday, to perform any functions that a Judge could perform during regular business hours. This provision does not impact the flexible band of 6:30 a.m. to 6:00 p.m. Credit hours may only be earned as defined in Section 4. If a Judge wishes to access the office when no other employees are present between 5:00 a.m. to 10:00 p.m. the following conditions must be met: 1. The Judge has requested to be Office - in - Charge (OIC) and has completed the Employer's OIC training; 2. There is no expectation that utilities are available. Judges shall be permitted access to offices from 5:00 am to 10:00 pm Sunday through Saturday (but not during Federal holidays) regardless o f the availability of temperature controls during those time periods. Computer access shall be available except when repairs or system - wide downloads are taking place during non - work days or taking place outside the flexible band period. In cases of syst em - wide downloads or in the event of scheduled repairs, advance e- - mail notice shall be provided to Judges as soon as possible. During office access outside the flexible bands, in the event of a computer break down, the Employer will not be required to make repairs until regular office hours resume.
Sorry about the breaks, but that is the way it copied and pasted. Pixie.
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Post by aljwishhope on Jan 29, 2016 11:07:04 GMT -5
Not an ALJ But a long time fed. I would say go to an authoritative source . The rules have to be in writing. I would follow them to the letter. It might be different for ALJs: however the one thing a fed will definitely get fired for is time and attendance violations. I have always felt that I would feel quite foolish getting fired from a 6 figure job for such. I also (can't say never) work beyond our day that ends at 10pm as tthat violates a rule (and maybe the 14th amendment as ido not work for free:). One lesson I learned from my days at SSA was to follow what Iis in writing not what you are told. I remember my first month my supervisor told me to take your time read the rules don'twworry aboutproduction. So I studied the grids learned the rules and produced ithink only 4 decisions in that first month. Guess who was in the supervisors Office being gently reminded of production goals at the end of the month. Thereafter 1.5 decisions a day from me. Also learned the SSA lesson thatwe are not trying to build Cadillacs in writing decisions building bucks(something like that) I apply both to meeting agency goals to this day (also have high production goals in current job).
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Post by christina on Jan 29, 2016 11:28:39 GMT -5
On a more mundane note - I've seen reference to "core working hours" and, in another post, mention of 6:30 a.m.-6:00 p.m. Please pardon my ignorance, but as I correct in assuming that system-wide, ALJs are supposed to get their work hours in between 6:30a and 6:00p Mon-Fri? Or is there variation from ODAR to ODAR? Thanks - im oversimplifying it but you will be compensated for work you do from 630am to 6pm, by either regular time or credit hours. you can work outside those hours, and pixie noted the other hours where you can have office access, in an above post, but you will not be compensated for time outside the 630 to 6 time band. some offices do allow for a 6am start but that is the exception, not the rule. Also, you need to show 8 hours of activity during the 630 to 6 timeband. this can be 8 hours of work or a combination of work and leave but you need to account for 8 hours of time. most people handle work by starting somewhere between 630(and then you are done at 3) or starting later than 630am, and then adding 8.5 hours to their start time(8 hours of work, 30 minutes for lunch). There is also, i think, some opportunity, to work credit on weekends but i suggest you look at your union contract when you start to learn more about that. if judges want to pipe in about credit on weekends, listen to them over me. I hope that helps.
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Post by Pixie on Jan 29, 2016 12:02:31 GMT -5
On a more mundane note - I've seen reference to "core working hours" and, in another post, mention of 6:30 a.m.-6:00 p.m. Please pardon my ignorance, but as I correct in assuming that system-wide, ALJs are supposed to get their work hours in between 6:30a and 6:00p Mon-Fri? Or is there variation from ODAR to ODAR? Thanks - im oversimplifying it but you will be compensated for work you do from 630am to 6pm, by either regular time or credit hours. you can work outside those hours, and pixie noted the other hours where you can have office access, in an above post, but you will not be compensated for time outside the 630 to 6 time band. some offices do allow for a 6am start but that is the exception, not the rule. Also, you need to show 8 hours of activity during the 630 to 6 timeband. this can be 8 hours of work or a combination of work and leave but you need to account for 8 hours of time. most people handle work by starting somewhere between 630(and then you are done at 3) or starting later than 630am, and then adding 8.5 hours to their start time(8 hours of work, 30 minutes for lunch). There is also, i think, some opportunity, to work credit on weekends but i suggest you look at your union contract when you start to learn more about that. if judges want to pipe in about credit on weekends, listen to them over me. I hope that helps. Yes, up to 8 credit hours may be earned on the weekend. Pixie.
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Post by Propmaster on Feb 1, 2016 17:25:11 GMT -5
Not an ALJ But a long time fed. I would say go to an authoritative source . The rules have to be in writing. I would follow them to the letter. It might be different for ALJs: however the one thing a fed will definitely get fired for is time and attendance violations. I have always felt that I would feel quite foolish getting fired from a 6 figure job for such. I also (can't say never) work beyond our day that ends at 10pm as that violates a rule (and maybe the 14th amendment as I do not work for free:). One lesson I learned from my days at SSA was to follow what is in writing not what you are told. I remember my first month my supervisor told me to take your time read the rules don't worry about production. So I studied the grids learned the rules and produced I think only 4 decisions in that first month. Guess who was in the supervisors Office being gently reminded of production goals at the end of the month. Thereafter 1.5 decisions a day from me. Also learned the SSA lesson that we are not trying to build Cadillacs in writing decisions building bucks(something like that) I apply both to meeting agency goals to this day (also have high production goals in current job). See. We already miss having Tiger Law here. On his behalf, I will point out that the important words in the bolded sentence above are "it might be different for ALJs." It certainly has been known to be so. However, I believe it is accurate and true to state that with intense Congressional scrutiny, issuance of a scathing report that embarrasses the agency and undermines confidence in its processes, and an ancillary signed confession of whistleblower retaliation, an ALJ who falsifies time records on an ongoing and blatant basis over a decade-long period will be investigated by ODAR. Also, the underlined sentence above is the single most important thing for anyone new to ODAR to read, understand, and absorb. Even with the best intentions, someone might provide you with incorrect informal instruction or information (and the chance increases without the best intentions). Information you are given that you cannot verify was given to you (i.e., not in writing) is not subject to corroboration when you are told you are doing something wrong. Ergo, you could very easily be accused of having failed to comply with some written guidelines without excuse.
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Post by skippy on Feb 23, 2016 21:35:16 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 skippy on Feb 23, 2016 21:35:52 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. In my office we are thrilled if we have 3-5 dismissals/no shows per month. No one has ever had anywhere close to 20 dismissals per month. It truly varies by office.
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Post by hopefalj on Feb 23, 2016 21:54:31 GMT -5
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.
I'm just quoting myself to bump this, because I still can't wrap my head around 26 hearings in three days. I get the actual hearings, what I don't get is how to prep for them, write instructions for them, and edit decisions already in the pipeline. If you're doing week on, week off maybe? That gives you 7 days for the other stuff. But I'm with you. I'm not that capable. My no-show rate is also nowhere near 40%, either. That would be interesting. In my first office, about 90-95% of my claimants were repped. More than half of my current unrepped claimants show up now, and they are my lengthiest hearings by far.
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