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Post by thankful1 on Nov 8, 2024 11:54:09 GMT -5
Without getting into politics, anyone have any WAG’s on the future of SSA ALJ’s (or any other) after January 20, 2025? Independence protections removed? Serve at the will of the unified executive? Schedule F’d? Same as it ever was?
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Post by jimmyjiggles on Nov 8, 2024 13:03:38 GMT -5
“Getting schedule F’d “ is going to be a popular phrase I think. They certainly picked an appropriate letter for it!
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Post by recoveringalj on Nov 8, 2024 15:24:55 GMT -5
ALJ protections are statutory, and schedule f would not eliminate that. Whether the Supreme Court finds those statutory protection unconstitutional is unknown, as is what the legislative fix would be if that happens.
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Post by whyohwhy on Nov 8, 2024 20:03:45 GMT -5
ALJs were already moved to schedule E during the prior administration. I would note this move was not reversed by the current administration. The purpose of schedule F is to affect policy makers. ALJs are many things but they are in no way policy makers. We apply policy to the facts presented. I’ve seen articles indicating there would probably be around 50,000 employees affected if schedule F were actually implemented out of roughly 2 million federal employees. Who at SSA would go to schedule F, the kind of people who decide to change the PRW 5 year rule and things like that, actual agency policy.
As with all of the litigation and controversy that has erupted over the last decade concerning the ALJ position, the ALJs in the hot seat will be at the SEC NLRB or OSHA who conduct truly adversarial legal proceedings. What SSA ALJs do is inherently uncontroversial and immensely helps what both political parties consider “their” core constituencies. Back in the old old days, the joke was that the primary drivers of economic growth in most of Appalachia were social security judges. Remember all the made up drama about how we were all going to lose our jobs or whatever other sky is falling things over the Selia litigation? We all just took our oaths again some random morning and life went on as usual. We simply aren’t important enough.
The most sitting ALJs have to worry about in my opinion would be moves to invalidate the current CBA and force all staff back to the office
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Post by rmspringfield on Nov 9, 2024 2:13:27 GMT -5
Schedule E, Schedule F. Whatever. Get ready to break out the Preparation H.
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Post by ssaogc on Nov 9, 2024 7:01:21 GMT -5
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Post by nylawyer on Nov 9, 2024 16:29:50 GMT -5
The most sitting ALJs have to worry about in my opinion would be moves to invalidate the current CBA and force all staff back to the office I think there could be other, longer term consequences depending on how long Republicans hold the House (assuming they actually win, as yet TBD but looking likely). Frankly, I expect a wipeout in two years. (I'm not being particularly partisan in this, BTW; had Harris won I'd be expecting huge Republican gains in two years). As for telework- I guess that depends on how many OHO offices took advantage of the opportunity to reduce their foot print and save tax payers money. I have been predicting for some time though that if telework conditions continue that office consolidation is almost certainly going to start to happen.
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Post by hopefalj on Nov 9, 2024 16:41:13 GMT -5
The most sitting ALJs have to worry about in my opinion would be moves to invalidate the current CBA and force all staff back to the office I think there could be other, longer term consequences depending on how long Republicans hold the House (assuming they actually win, as yet TBD but looking likely). Frankly, I expect a wipeout in two years. (I'm not being particularly partisan in this, BTW; had Harris won I'd be expecting huge Republican gains in two years). As for telework- I guess that depends on how many OHO offices took advantage of the opportunity to reduce their foot print and save tax payers money. I have been predicting for some time though that if telework conditions continue that office consolidation is almost certainly going to start to happen. 2025-2026 will be interesting for sure. Regardless of party, I’ve wondered how the effect on CRE would impact our office situation. I think my office could get really favorable lease terms (not in a federal building) despite not actually needing the space based on current telework. I could see us staying put as a sort support for CRE for another term, which is okay with me. In the alternative, my office could be consolidated with the local FO or another regional OHO as well without a huge impact if telework were continued as is.
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Post by hapi2balj on Nov 11, 2024 8:45:12 GMT -5
Rulemaking will be involved with implementation of Schedule F, thanks to Pres. Biden, which will take time and face challenges - enough so that my anticipated retirement date, roughly 1/1/26, should come first. My greatest worry is a return to the office because I ❤️ working from home. BUT…my commute is minutes and I can do just about anything for a year, which gets me to max SS. Good luck to us all!
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Post by intothewild on Nov 12, 2024 21:55:28 GMT -5
This might sound ignorant. But could Trump fire half of federal employees? I saw a tweet today where Vivek claims half of all feds should be fired. Honestly kind of scary.
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Post by jimmyjiggles on Nov 12, 2024 23:06:47 GMT -5
This might sound ignorant. But could Trump fire half of federal employees? I saw a tweet today where Vivek claims half of all feds should be fired. Honestly kind of scary. Sure, in theory, why not? But this is post-victory pillow talk. Probably. I would get off twitter if you value your sanity.
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Post by manunited77 on Nov 13, 2024 9:10:08 GMT -5
Telework was ended at both X and Tesla. My guess is that ending telework would aid in the reduction of the federal work force since many will refuse to return.
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Post by neufenland on Nov 13, 2024 9:48:12 GMT -5
Telework was ended at both X and Tesla. My guess is that ending telework would aid in the reduction of the federal work force since many will refuse to return. I used to go into the office five days a week before COVID and vowed that I’d never telework. Did it for 15 years. Train, Metro, wash, rinse, and repeat. I don’t know why, but it certainly sounds nauseating to return to what was once a completely normal thing. I feel sorry for my dog, who is my work buddy on TW days…but I’ll begrudgingly increase my dry cleaning bill and make the commute every day. Losing 12 hours of my life per week to commuting is not ideal, but one has to do what one has to do.
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Post by nylawyer on Nov 13, 2024 10:22:03 GMT -5
Telework was ended at both X and Tesla. My guess is that ending telework would aid in the reduction of the federal work force since many will refuse to return. I guess it comes down to the definition of the word "many" but I suspect it's a pretty limited number of people who are in a position to just walk away over telework. I'm not an expert by any means, but I don't believe that telework could be just eliminated, absent legislation. And while that is a possibility, keep in mind the Republicans have a very small majority in the House and Senate- particularly the House. A bill eliminating telework could be killed not only by a coalition of Democrats and more moderate Republicans, but also by Republicans opposing any bill that doesn't dramatically eliminate sectors of the Federal government. Otoh, if you aren't an ALJ by Jan 2025, I wouldn't be counting on becoming one anytime soon.
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Post by jimmyjiggles on Nov 13, 2024 10:59:10 GMT -5
Don’t underestimate what a draw telework is. Return to office policies are the number one driver of attrition at my agency. People might not stop working over telework, but they will move to jobs that are remote. This is more true for attorneys and staff than it is for ALJs, IMO.
The pandemic and two years of telework was eye opening in terms of how much the employees must sacrifice for “normal” work. 10-12 hours a week in commuting are just given to no one. That’s 500-600 hours a year wasted for nothing. Wear and tear on your car, gas, the stress of driving, adding to pollution, the stress of traffic that you are contributing to, possibility of death or injury on the drive, paying for parking, and of course navigating sidewalks of urine, needles, and passed out people that are the mainstays of almost every urban environment. All that just to take the same laptop you use at home to use in an office where you will likely talk to no one all day. No value added to the work product, nor increased production: it just costs the employee a lot more to produce.
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Post by carrickfergus on Nov 13, 2024 12:39:30 GMT -5
I will be retirement eligible soon, although not as early as I'd planned. My approach will be to keep calm and carry on, but also to get my ducks in a row JIC.
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Post by dshawn on Nov 13, 2024 18:49:02 GMT -5
Channeling Glum from the old Banana Splits days, "We'll never make it. We're doomed!”
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Post by Thomas fka Lance on Nov 13, 2024 19:45:42 GMT -5
Channeling Glum from the old Banana Splits days, "We'll never make it. We're doomed!” Flashback AND a laugh! Thanks dshawn
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Post by dshawn on Nov 13, 2024 20:16:28 GMT -5
If we can’t laugh in this current atmosphere for feds, we truly are doomed.
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Post by Topperlaw on Nov 14, 2024 13:50:56 GMT -5
My understanding of our (ALJ) Union Contract is: 1) Notice must be provided to reopen negotiations; 2) months pass while agency and Union negotiate; 3) Agency unilaterally ends telework after negotiations break down; 4) Union proceeds to take the appeal through every level of the appeal process (multiple years) 5) Finally Agency wins all appeals and can remove teleworking. Correct me if I'm wrong but my understanding would be teleworking can't end until Union has lost all the way through all 5 levels discussed above. Furthermore, I've been told it is VERY hard for the Agency to remove a benefit such as teleworking that it has already agreed to.
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