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Post by pm on Nov 17, 2008 20:50:09 GMT -5
Obama has indicated that he supports the RESPECT act (Re-Empowerment of Skilled and Professional Employees and Construction Tradesworkers). This would change the Natl Labor Relations Act in part by amending the definition of supervisor. One objective of the RESPECT act is to increase potential union members. Under the act, a supervisor could not be excluded from the union unless they (1) have authority over employees for a majority of their work time and (2) have the power to assign that authority to other employees and to responsibly direct employees. I'm not that familiar with the role of ALJs as supervisors but this may restrict some of ODAR's plans. I don't know what effect it would have on other agencies with ALJs.
Obama's respect for unions may work to the benefit of ALJs in some aspects in the years to come.
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Post by pm on Nov 17, 2008 23:39:43 GMT -5
On the other hand: November 15, 2008 "Dr. Susan Daniels, who worked at the Social Security Administration during the Clinton Administration, has been appointed by the Obama transition to be a lead in their planning team for the Social Security Administration." socsecnews.blogspot.com/Nice diatribe at the link
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Post by chinook on Nov 18, 2008 9:05:26 GMT -5
Unions for government employees are governed by the Federal Labor Relation Act not the National Labor Relations Act. Unless this amendment also modifies the FLRA it will have no direct impact.
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Post by deltajudge on Nov 18, 2008 21:24:57 GMT -5
8-)There will have to be a major rearrangement of the management structure for the ALJs to be supervisors. When I first came on board, we had a unit system and the ALJs were supervisors. I had a secretary, typist, and hearing assistant. I did their evaluations, and had complete control over my unit and my files. The powers that be thought that gave the ALJ too much authority and independence, so that changed, and here we are, ALJs supervise no one. And another thing, we had no unions back then.
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Post by hooligan on Nov 21, 2008 20:38:14 GMT -5
The reality is that it probably only makes marginal difference. The Union is mostly ineffective and the Agency ignors and taunts them. They are not a large enough organization to have any significant clout. The advantages are that there is a knowlegeable person to help with grievances and there is a voice in negotiations.
No matter how you cut it, ALJs are more tolerated than respected by management. The National Hearing Office judges are ostensibly supervisors, but their authority over their staff is illusory and very limited. It is a difference in form more than substance. This is a theoretical debate that really does not significantly impact the real world. The role of supervisor is a sham.
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mango
Full Member
Posts: 50
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Post by mango on Nov 23, 2008 10:59:14 GMT -5
ALJs are not management or supervisors unless they are the HOCALJ. The HOCALJ is a first line supervisor and the senior management authority in the office. All other ALJs have no authority to direct individual employees. They can only direct that work be done and a manager must decide who will do it. I think a lot of ALJs prefer not to be supervisors or have management responsibility. They would rather hear cases and do the work they were hired for.
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