ALJ EMPLOYMENT CONTRACT

[aljsouth]

No individual contracts, but note you can work between 6:30 a.m. to 6:00 p.m. hours are covered in Article 14, and credit hours are at Section 5.

Article 14, Section 5 of the master agreement between the agency and AALJ:

Section 5 - Credit Hours

Consistent with 5 U.S.C. §5547, the parties acknowledge that a Judge cannot work overtime or earn compensatory time, except for religious compensatory time. Credit hours are available to give credit for work performed by a Judge in excess of his or her basic work requirement.

A. Procedures

1. A Judge can earn up to 2½ credit hours per workday, Monday through Friday.

1. A Judge can earn up to 8 credit hours on a non-regular work day, excluding holidays (5 U.S.C. §6103), as follows:

1. A Judge can earn no more than a total of eight credit hours on non-regular work days in any calendar week; and

1. One of the following conditions apply:

2. i. Other hearing office employees are working in the hearing office on the non-regular work day;
3. ii. When utilities (including heat and air conditioning) are normally available in the hearing office on non-regular workdays regardless of whether other hearing office employees are working in the hearing office; or
4. iii. With the concurrence of his/her HOCALJ or Judge designee a Judge may work credit hours in the Hearing Office on a nonregular workday, excluding holidays.
2. Credit hours may be earned between the hours of 6:30 a.m. and 6:00

2. p.m. on a non-regular work day, excluding holidays, consistent with Section 4(A)(2)(b)(i-iii).
2. 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 eighthour days) schedule for hearing trips, the Judge may earn credit hours at the temporary duty station and on the Saturday following.

3. A Judge may earn no more than twenty-eight (28) credit hours per pay period.

4. Credit hours may be earned in one-quarter (1/4) hour increments.

5. The maximum number of credit hours a Judge may carry over from one (1) pay period to the next is twenty-four (24).

6. Use of earned credit hours will be requested by submitting a form SSA-71. The Judge will check the block to the left of "Other" and write out credit hours to the right of "Specify".

7. Accrued credit hours may be used alone or in combination with annual leave, sick leave, when appropriate, or religious compensatory time. A Judge may use all or any of his or her accumulated credit hours in a single pay period.

8. Accrued credit hours may be used by a Judge in the same manner as any leave.

9. Judges will provide annual written notice to the HOCALJ or Judge designee of the Judge’s request to work credit hours. The parties acknowledge that given the Agency’s current workload, appropriate work is typically available for credit hours work. In the event a HOCALJ or Judge designee makes a reasonable and good faith determination that work appropriate for credit hours is not available for Judges assigned to the hearing office, the HOCALJ or Judge designee will so notify the hearing office Judges in writing regarding the basis for, and duration of that determination.

10. Starting and leaving times are determined by Section 3 above.

11. Judges electing to earn credit hours will continue to sign-in at the beginning of their workday and sign-out at the end of their workday at their official duty station. Judges’ serial sign-in/sign-out sheets will be separate from the sign in sheets used by other hearing office employees. Credit hours earned on a daily basis will be recorded in block 14 of the SSA 30.

[aljsouth]

The rules on compensatory time have been amended so that if a judge is required to travel or work outside normal hours then comp time is available. In Region 4 we are not required to do this, as far as I know. As you might imagine the rules are very technical on this subject.

[justfoundthisboard]

Didn't someone once say that new ALJs had to work a certain length of time before we were eligible to earn credit hours?

[happy]

I'll check the collective bargaining agreement when I get back to the office tomorrow, but I don't think that there's a waiting period to work a 4/40 work schedule. I seem to recall that the waiting period is for Flexiplace (work-at-home). I also seem to recall that you cannot work a compressed work schedule AND choose to work Flexiplace. However, I could be wrong, so I'll confirm or amend tomorrow.

That being said, please please please don't be one of those ALJs that uses his/her Flexiplace day as a "day off." It's "work at home"!!! And technically, you're not allowed to alter your work schedule by regularly using credit hours to be off every Friday. However, I know that it happens.

[deadwood]

Mar 5, 2008 19:33:20 GMT -5 happy said:

I'll check the collective bargaining agreement when I get back to the office tomorrow, but I don't think that there's a waiting period to work a 4/40 work schedule. I seem to recall that the waiting period is for Flexiplace (work-at-home). I also seem to recall that you cannot work a compressed work schedule AND choose to work Flexiplace. However, I could be wrong, so I'll confirm or amend tomorrow.

Off the top of my head:

If you have never been a Federal ALJ, you have to wait one year before being eligible for Flexiplace.

If you are an ALJ transferring from another Federal agency and have more than six months experience, then I believe the wait is only six months.

[justfoundthisboard]

Thank you for this information.

[aljsouth]

there is no waiting period for credit time. You can earn and use them when you get to your office. You CAN earn 8 credit hours in 4 days and can use them to take off a friday. I don't encourage this as a weekly habit. Credit hours are great for new judges, especially those not formerly with the feds since they will earn only 4 hours a pay period in annual leave. Talk to the judges and you LAR (labor rep) when you get to your office. You cannot get credit hours in training since it is a fixed tour -- 8:00 a.m. to 4:30 p.m.

Flextime is available as an option. Immediately. Flexiplace is only available after you have been an SSA judge for 1 year (not going into the rule for alj transfers, basically if no prior SSA experience still a year). Once again utilize your two weeks in the office before training to learn about these things. PM me if you have questions.

[happy]

Following up, as promised:

Art. 14, Sec. 4 = no waiting period to work a "flexible work arrangement" a.k.a. compressed work schedule (i.e., 4/10, 5/4/9)

Art. 15, Sec. 2 = must have a year as SSA ALJ to do Flexiplace, 6 months if ALJ transferring from another Agency

Art. 15, Sec. 4D = can use flexTIME while on flexPLACE, but cannot earn credit hours at your alternative duty station and cannot both participate in flexPLACE and work a "flexible work arrangement"

[justfoundthisboard]

Thanks so much for this information!

[happy]

You can't earn CH while you are in FORMAL training (i.e., fixed shift). The HO will probably not think it's a good use of time and resources for the 2 weeks before training because you won't really know what you are doing yet in reviewing cases. However, you should be able to do CH immediately following training because you'll be getting ready to schedule your first hearings (reviewing cases, ordering development, maybe even writing some decisions for other ALJs --wouldn't be bad experience, if you ask me).

I guess what I'm saying is that CH are considered an extension of the workday. If you have work to do, you can earn them (before 6pm, of course, not after).

[aljsouth]

Mar 6, 2008 12:59:28 GMT -5 newalj said:

everyone, thanks so much for the posts and PMs. all the information has been very helpful. it seems as though everyone is in agreement that I might be able to use credit hours for an extra day off at least occasionally, if not every week. (provided that the HOCALJ is amenable).
the one remaining fuzzy area is how long the waiting period is before I could begin to accrue credit hours. i've heard that the training period is approx 2 months and then there's a "probationary period." does anyone know how long the probationary period is?
thanks again.

The HOCALJ would not be able to articulate a reason to deny use of credit hours and you could grieve any denial. THERE IS NO PROBABTIONARY PERIOD. Bascially when you get to the office after training you can accrue credit hours. As stated immediately above you could technically do so the first 2 weeks in the HO before the training in Balitimore. You cannot build credit in training. In order to accrue credit hours you have to sign in and sign out at the HO. Some people elect fixed tour, 8:00 am to 4:30 p.m. and not to sign in or out. That is their choice but they cannot build credit hours.

[judicature]

jh -

what are you quoting from?

[testtaker]

thought I'd revive this for us soon-to-be newbies.

[gromit]

Jun 29, 2008 10:57:17 GMT -5 newalj said:

Unfortunately, I was told that I could only be off on Fridays, rather than Mondays, which is the day I would prefer to take off.

Time out. Who told you that? Now, I haven't looked at the contract, and I'm working 5 days a week. But, it doesn't seem to me that anyone can tell you what days to work. Seriously, you don't have a boss. Who's telling you that you can't Monday off?

Additionally, don't officially take the 4/10 option and lock yourself into a specific day off. Use credit hours and take any day off you d**n well please.

[Asterisk]

Hello. You posted: "I reported to work last week and was actually able to work the 4/10 without any objections whatsoever! Unfortunately, I was told that I could only be off on Fridays, rather than Mondays, which is the day I would prefer to take off. "

Interesting. I know that various offices handle time differently. I know that some some ALJs have 1 to 3 flexiplace days. Are you allowed any? Have you requested Flexiplace?

GT

[gromit]

It's my understanding (and I could be wrong) that we have to wait one year before we can work flexiplace.

[southerner]

Jun 29, 2008 15:57:18 GMT -5 @gromit said:

It's my understanding (and I could be wrong) that we have to wait one year before we can work flexiplace.

Correct, Gromit, but one can work a compressed work schedule of 4/10 or 5/4/9--see Article 14 of Collective Bargaining Agreement. Some of us have opted to work the regular 5/8 schedule until we are more seasoned or experienced.

Flexiplace is the option to work at home and this is allowed after being an ALJ for 1 year w/ODAR. If you have been an ALJ w/another federal agency, I believe the wait may only be 6 months.

[gromit]

southerner, I believe we're on the same page. One can work a compressed schedule or one can use credit hours to take a day off a week.

It sounds to me like newalj wants to work a compressed schedule 4/10. It sounds also like newalj wants Monday's off but has been told that she cannot take Monday's off. I'm merely suggesting that she doesn't need permission to take monday off.

Further, my understanding of the compressed schedule is that you have to designate the day you want off, and, once chosen, you're tied to it. I'm also suggesting that, rather than tie oneself to a particular day, the same result can be achieved through the use of credit time. Newalj can work 4/10 and choose whatever day she wants off. It can vary week to week if desired.

[aljsouth]

Jun 29, 2008 18:45:08 GMT -5 @gromit said:

southerner, I believe we're on the same page. One can work a compressed schedule or one can use credit hours to take a day off a week.

It sounds to me like newalj wants to work a compressed schedule 4/10. It sounds also like newalj wants Monday's off but has been told that she cannot take Monday's off. I'm merely suggesting that she doesn't need permission to take monday off.

Further, my understanding of the compressed schedule is that you have to designate the day you want off, and, once chosed, you're tied to it. I'm also suggesting that, rather than tie oneself to a particular day, the same result can be achieved through the use of credit time. Newalj can work 4/10 and choose whatever day she wants off. It can vary week to week if desired.

Gromit is completely correct. Simply work 4 ten hour days and get 2 hours credit each day. Take off any day of the week you choose. Don't start off letting local management tell you your hours or when you have hearings or what day you can take off. In a year you can use flexiplace. They will try to run that too if you have let them decide your hours to begin with.

[alj2]

Sounds like you are getting to an early introduction to SSA mgt. practices.

The answer under the bargaining agreement has been accurately explained on this board. You can begin accruing credit hours immediately and use them when you damn well please.

As in all areas of life, there are the rules, and then there are the way things work. Each office varies a little bit (maybe a lot) depending on the HOCALJ, the other ALJS, the HOD, etc. You may, or may not, want to go along for a little bit to get a feel for place. But when push comes to shove what you are proposing is within your rights under the Agreement, and it is certainly poses no undue administrative, timekeeping, or other difficulties.