|
|
Post by moopigsdad on Aug 1, 2018 7:46:46 GMT -5
I couldn't help thinking of this song as a theme for everyone on the register or in the process of OPM testing after the executive order. It makes no difference how many times we get knocked down we get back up again because they are never going to keep us down.
|
|
|
|
Post by greendog on Aug 2, 2018 7:57:57 GMT -5
I may be late with this one but anyone see the Jones Brothers v. Secretary of Labor, Mine Safety and Health Administration which reviewed the Federal Mine Safety and Health Review Commission decision? It's from the sixth circuit and deals with AlJs. Someone smarter than me can put a link to it.
|
|
|
|
Post by Pixie on Aug 2, 2018 8:10:23 GMT -5
I may be late with this one but anyone see the Jones Brothers v. Secretary of Labor, Mine Safety and Health Administration which reviewed the Federal Mine Safety and Health Review Commission decision? It's from the sixth circuit and deals with AlJs. Someone smarter than me can put a link to it. AnotherFed posted the link back on July 31: aljdiscussion.proboards.com/user/2669/recent |
|
|
|
Post by fowlfinder on Aug 2, 2018 12:13:25 GMT -5
The really scary question is whether our statistical analysis here could end up as an exhibit.
The other interesting question is, whether we will get a look into OPM methods when discovery is returned during the case.
|
|
|
|
Post by anotherfed on Aug 2, 2018 14:56:59 GMT -5
The really scary question is whether our statistical analysis here could end up as an exhibit. The other interesting question is, whether we will get a look into OPM methods when discovery is returned during the case. The thought of peeking beneath the curtain makes my head spin. Finally, we could get an answer of whether NORs are based on a bell curve or something else. gary, are you listening? |
|
|
|
Post by privateatty on Aug 2, 2018 16:42:00 GMT -5
www.judges.org/aljs-decry-executive-order-ending-merit-based-appointment-process/?utm_source=Judicial+Edge&utm_campaign=9adc5c947f-EMAIL_CAMPAIGN_2017_01_23_COPY_01&utm_medium=email&utm_term=0_245b20c264-9adc5c947f-253811209"Writing in the Washington Post, Marilyn Zahm, president of the Association of Administrative Law Judges, explained that the new system eliminates the test, the ranking and the experience requirement. “Now, as a result of the president’s executive order, an agency that wants to employ an ALJ can recruit any attorney regardless of skill or experience. Competence and impartiality apparently are no longer essential; cronyism and political interference will no longer be taboo.” I guess I'm a contrarian to the general sentiment I'm reading on this board and in the linked article. Immigration judges haven't been hired through the old selection process. Administrative judges haven't been hired through the old selection process. Was there ever a demand that IJs and AJs must be hired through that process? Not that I saw. Are the AJs and IJs as a whole seen as unqualified or biased because of the way they're hired? I doubt it. I had no idea how many AJs work in the fed system, so I looked it up this morning. "The federal government employed nearly 2,000 administrative law judges and more than 10,000 administrative judges and other non-ALJ adjudicators as of 2017. Unlike administrative law judges, who are recruited and examined by the U.S. Office of Personnel Management, administrative judges are hired directly by agencies. As such, administrative judges do not share in the statutory protections from removal, discipline, and performance reviews that ALJs receive under the Administrative Procedure Act. According to Paul Verkuil, former chairman of the Administrative Conference of the United States, administrative judges generally have less independence than administrative law judges, are compensated at a lower rate, and have less job security." I'm not saying that ALJs should lose the protections that they have. I would instead suggest that AJs and IJs should have more protection. My bigger point is that until we see what process is adopted for selecting ALJs, and see the quality of ALJs selected by the new process, we don't have any evidence to show that the undetermined new process is somehow fatally flawed and inherently corrupt. Facts provide better evidence than opinion and speculation, right? I agree if we were in law school or in the beginnings of an Administration which was a blank slate. But it is the Corps as we know it that is at issue. And while we all know that all of us has wanted the job, we also know it is yours to defend. |
|
|
|
Post by Thru Hiker on Aug 2, 2018 20:37:43 GMT -5
The really scary question is whether our statistical analysis here could end up as an exhibit. The other interesting question is, whether we will get a look into OPM methods when discovery is returned during the case. Oh good point. All of our polls are peer-reviewed, and lack sampling error thanks to the balancing of FFV. |
|
|
|
Post by Ace Midnight on Aug 3, 2018 7:04:03 GMT -5
The really scary question is whether our statistical analysis here could end up as an exhibit. For the record, I was unaware of any record retention policies, so I have destroyed all the Big Chief tablets with the raw data of my statistical analysis. Absent that, I suggest it would be triple hearsay. |
|
|
|
Post by gary on Aug 3, 2018 9:27:16 GMT -5
The really scary question is whether our statistical analysis here could end up as an exhibit. The other interesting question is, whether we will get a look into OPM methods when discovery is returned during the case. The thought of peeking beneath the curtain makes my head spin. Finally, we could get an answer of whether NORs are based on a bell curve or something else. gary, are you listening? I think after the manipulations necessary to compute the final scores the distribution of scores is Bell-shaped or some close approximation thereof. |
|
neely
Full Member
Posts: 35 
|
Post by neely on Aug 3, 2018 11:09:23 GMT -5
Has anyone actually filed a lawsuit, o/b/o, people on registry, and/or recent DC test takers expecting scores, asserting some sort of Due Process, Detrimental Reliance, or hiring violation claim?
I am not arguing merits (I see both sides).
I am just curious I see lots of talk about potential lawsuit, but am not aware of pending or preparatory action, nor have I been contacted as a recent DC tester.
Thx!
|
|
|
|
Post by SPN Lifer on Aug 3, 2018 11:42:31 GMT -5
Has anyone actually filed a lawsuit, o/b/o, people on registry, and/or recent DC test takers expecting scores, asserting some sort of Due Process, Detrimental Reliance, or hiring violation claim? I am not arguing merits (I see both sides). I am just curious I see lots of talk about potential lawsuit, but am not aware of pending or preparatory action, nor have I been contacted as a recent DC tester. Thx! No such lawsuits have been reported yet. And it is “register”, not “registry”. The latter is for wedding gifts or similar. |
|
neely
Full Member
Posts: 35
|
Post by neely on Aug 3, 2018 12:56:41 GMT -5
Has anyone actually filed a lawsuit, o/b/o, people on registry, and/or recent DC test takers expecting scores, asserting some sort of Due Process, Detrimental Reliance, or hiring violation claim? I am not arguing merits (I see both sides). I am just curious I see lots of talk about potential lawsuit, but am not aware of pending or preparatory action, nor have I been contacted as a recent DC tester. Thx! No such lawsuits have been reported yet. And it is “register”, not “registry”. The latter is for wedding gifts or similar.
No i meant "registry", at this point, I think my trip to DC is more likely to get me a nice dinnerware set as a parting gift (I can see it now, with the agency logo right in the middle!!), than the actual job I thought I was applying for?!?
J/K. Thank you for response and clarification.
|
|
|
|
Post by acttwo on Aug 3, 2018 16:44:08 GMT -5
No such lawsuits have been reported yet. And it is “register”, not “registry”. The latter is for wedding gifts or similar.
No i meant "registry", at this point, I think my trip to DC is more likely to get me a nice dinnerware set as a parting gift (I can see it now, with the agency logo right in the middle!!), than the actual job I thought I was applying for?!?
J/K. Thank you for response and clarification.
Y'know, this makes me think there might some humor to be mined from this mess. Maybe a poll like, "For those who tested this last time, what lovely parting gifts would you like to receive [since you won't get a NOR]?" I think the many wags on the Board could come up with a truly hilarious set of options. I am looking at you, gary, foghorn, greendog, bayou, christina, among others! I know I DON'T need any dishes! Even with the OPM seal. Now decent glassware, for situational bourbon or wine...hmm... Smile! |
|
|
|
Post by christina on Aug 3, 2018 16:59:07 GMT -5
Oh I’ll be the one sending them a gift. Maybe a clay figure of my middle finger!
|
|
Ranse
Full Member
Posts: 89
|
Post by Ranse on Aug 3, 2018 17:05:07 GMT -5
No i meant "registry", at this point, I think my trip to DC is more likely to get me a nice dinnerware set as a parting gift (I can see it now, with the agency logo right in the middle!!), than the actual job I thought I was applying for?!?
J/K. Thank you for response and clarification.
Y'know, this makes me think there might some humor to be mined from this mess. Maybe a poll like, "For those who tested this last time, what lovely parting gifts would you like to receive [since you won't get a NOR]?" I think the many wags on the Board could come up with a truly hilarious set of options. I am looking at you, gary, foghorn, greendog, bayou, christina, among others! I know I DON'T need any dishes! Even with the OPM seal. Now decent glassware, for situational bourbon or wine...hmm... Smile! How about a trip for two to Louisville for the Angel's Envy distillery tour. |
|
|
|
Post by acttwo on Aug 3, 2018 23:21:39 GMT -5
Y'know, this makes me think there might some humor to be mined from this mess. Maybe a poll like, "For those who tested this last time, what lovely parting gifts would you like to receive [since you won't get a NOR]?" I think the many wags on the Board could come up with a truly hilarious set of options. I am looking at you, gary , foghorn , greendog , bayou , christina , among others! I know I DON'T need any dishes! Even with the OPM seal. Now decent glassware, for situational bourbon or wine...hmm... Smile! I was seriously considering having t-shirts made up reading "I traveled all the way to DC to take the ALJ exam and all I got was this lousy t-shirt". Would that work? Does anyone know if we can still deduct the cost of the D.C. outing as job search expense? If not, I am not sure I can afford a t-shirt, lol |
|
|
|
Post by Pixie on Aug 4, 2018 0:47:55 GMT -5
Y'know, this makes me think there might some humor to be mined from this mess. Maybe a poll like, "For those who tested this last time, what lovely parting gifts would you like to receive [since you won't get a NOR]?" I think the many wags on the Board could come up with a truly hilarious set of options. I am looking at you, gary, foghorn, greendog, bayou, christina, among others! I know I DON'T need any dishes! Even with the OPM seal. Now decent glassware, for situational bourbon or wine...hmm... Smile! How about a trip for two to Louisville for the Angel's Envy distillery tour. It is the envy of more than one Angel. |
|
|
|
Post by SPN Lifer on Aug 4, 2018 2:10:08 GMT -5
Does anyone know if we can still deduct the cost of the D.C. outing as job search expense? If not, I am not sure I can afford a t-shirt, lol The deductibility depends on the purpose, not the outcome, of the trip. The information contained in this and all my forum comments is for general informational purposes only and is not intended to provide legal advice to any individual or entity. This comment is not intended to create, and the reading of it does not constitute, an attorney-client relationship. |
|
|
|
Post by sunshinedaydream on Aug 4, 2018 9:38:21 GMT -5
How about a trip for two to Louisville for the Angel's Envy distillery tour. It is the envy of more than one Angel. Then it should be Angels' Envy. |
|
|
|
Post by Prrple on Aug 4, 2018 10:17:25 GMT -5
Does anyone know if we can still deduct the cost of the D.C. outing as job search expense? If not, I am not sure I can afford a t-shirt, lol The deductability depends on the purpose, not the outcome, of the trip. The information contained in this and all my forum comments is for general informational purposes only and is not intended to provide legal advice to any individual or entity. This comment is not intended to create, and the reading of it does not constitute, an attorney-client relationship.It also depends on whether you went before or after 12/31/2017 since the massive changes to the tax laws that were passed on 12/20/2017 include "Eliminating most miscellaneous itemized deductions such as: Deductions for employee business expenses Tax preparation fees Investment expenses, including investment management fees Employment related educational expenses Job search expenses Hobby losses Safe deposit box fees Investment expenses from pass-through entities" Source: www.irs.gov/newsroom/individualsThese changes are temporarily in place from 1/1/2018 through 12/31/2025 |
|
