From the National Treasury Employees Union (NTEU) which represents staff attorneys at Social Security:
I am pleased to announce that the Commissioner has decided to substantially increase the staffing of the Senior Attorney positions over the next 15 months. The Agency plans on initially re-promoting most of those employees that held senior attorney positions in the 1995 Senior Attorney Program and then doing at least four series of vacancy announcements starting with the end of this fiscal year. I have already requested specifics regarding the number and exact time frame of the promotions.
I emphasize that these are all permanent positions. It has always been my “number one” priority to obtain permanent GS-13 positions for those attorneys unfairly demoted in 1998 and to give promotional opportunities to the deserving attorneys unfairly stagnated at the GS-12 level. This is a giant step toward reaching that goal as we more than double the number of NTEU represented Senior Attorneys.
This is all very good news. It is the result of many years work by the Union. Why has it finally come to fruition? The answer is simple: The administration of Commissioner Michael Astrue. As you are aware, since becoming Commissioner, Mr. Astrue has addressed the many needs of SSA and particularly the disability program with a great deal of vigor. He is determined to eliminate the backlog and is prepared to take whatever steps are necessary. There have been massive hires of ALJs and supporting staff. The level of these hires is far in excess of any in the past. Additionally, many new hearing offices will be created and staffed during the next year. The list of other changes and initiatives launched by Commissioner Astrue is extensive.
NTEU does not agree with all of the Commissioner’s initiatives. However, when it comes to improving service, the Commissioner has demonstrated an interest in working cooperatively with NTEU. The Commissioner is an attorney, and he recognizes the unique skills that attorneys bring to the Social Security Administration. He also recognizes that NTEU has a long history of working cooperatively with the Agency to improve the service we provide the public. We approached him in such a mode and he has responded favorably. He listened to our presentation regarding the benefits of attorney adjudication, and despite his initial skepticism, reviewed the facts we presented and decided it was in the best interest of the Agency’s goals to launch the Attorney Adjudicator Program. During the last year we have advocated a substantial increase in the Attorney Adjudicator Program and have discussed the matter with the Commissioner and his senior advisers on multiple occasions. The Commissioner has determined that it is in the best interest of the Agency’s goals to significantly increase the staffing of the Senior Attorney position. The Commissioner’s decision to promote many GS-12 attorneys into the GS-13 Senior Attorney position demonstrates a major commitment to Senior Attorney adjudication.
Eligibility for these promotions for the first slots is limited to those with 3 years experience as an attorney adviser in ODAR with at least one year at the GS-12 level. Eligibility for the remainder of the promotions is predicated on one year at the GS-12 level in ODAR. In addition to the promotions, the Agency will charter a high level workgroup with NTEU having a prominent role. The charter will be to improve the current Attorney Adjudicator program and study the need for GS-14 supervisor and bargaining unit positions.
These promotions are the result of a long series of discussions based on cooperation between the Union and Management for the purpose of better serving the public. We intend, and I believe the Commissioner intends, to continue the policy of cooperation with those who seek to improve the disability process.
Finally, congratulations to all those who will be promoted.
-- Jim Hill
You note the distinctly different tone of this message from what you read from the American Federation of Government Employees (AFGE), the union that represents most Social Security employees. I am not trying to explain what is cause and what is effect, just noting the difference.
14 comments:
If SSA stopped using staff attorneys to entrap current employees they have targeted for removal- they would have enough to perform the jobs they were hired to do. Additionally, if SSA allowed the Labor Relations staff to do their jobs of representing management in union management issues and kept the staff attorneys from the Office of the General Counsel out of LR matters..it would have enough attorneys to perform the jobs they were originally hired to do. Astrue uses the staff attorneys as if they are his LR department. OGC attorneys are interferring the duties and responsibilities of the LR. He has used the Federal Register to ligitimize this blatant conflict of interest between the OGC and LR.
huh?
Ok, OGC has always been in the LR business to some degree. That is, upon the request of individual field managers and their Area Directors. So, no surprise there. But, what an interesting conflict between NTEU and AFGE! Here's NTEU which traditionally represents professionals in Treasury (and wanted to organize SSA's RO staffers some time ago), backing Astrue in hiring lawyers he's allegedly using to conduct individual personnel actions in SSA directed at members of AFGE's bargaining unit. This is especially interesting because NTEU has to be aware of Astrue's conflicts with John Gage's AFGE.
One could argue that by the time an employee has developed such serious problems that they could result in removal, it's way too late for LR in the sense of working things out in the usual sense. Assuming the Natl Agreement procedures on performance improvement and/progressive discipline are adhered to, LR in the traditional sense becomes less important than it would be in resolving routine disputes. The services of lawyers are frequently necessary in drafting proposals for adverse actions. Formerly, there weren't so many removals or long-term suspensions as to merit much attention outside SSA. But, that appears to have changed.
It will be interesting to follow this development from a LMR perspective. Nancy Ortiz
Am I missing the boat??? Isn't this in reference to the hiring of Senior Attorneys in ODAR to help in reducing the backlog? If that's the case the attorneys will in no way be involved with LMR or OGC functions. They will be adjudicating on the record allowances and writing favorable and unfavorable decisions.l
As an Attorney Advisor for just over 2 years in an ODAR field office, I've never heard of, seen, nor have I been asked as a staff attorney to be involved in anything even remotely having to do with Labor Relations.
As A3 surmised, we are focused solely on helping to reduce the backlog. If staff attorneys are involved in LR, it's happening far away from here.
"to give promotional opportunities to the deserving attorneys unfairly stagnated at the GS-12 level."
I wish I could get stagnated at the GS-12 level. LOL
I am really interested in the background of NTEU clearly sucking up to one of the worst commissioners in my 30-plus years with SSA. He is basically clueless when it comes to field offices and their backlogs, but is hailed as the second coming by NTEU-ODAR operatives. Fascinating.
Bees to honey: get what is good and needed for the program regardless of the nature of the Commissioner - any Commissioner. No harm, no foul, and a better foundation for future collaboration that will benefit everyone, including those we serve.
Fascinating? Hmmm . . . Maybe. Maybe just utterly normal. Glad I'm not represented by AFGE though. For them, lately, it's warpath or nothing.
What a load of crap. I doubt many front-line managers in ODAR would agree that more senior attorneys are the key to reducing the backlog in their hearing offices. And if that was truly the case, how come AFGE attorneys are not getting similarly promoted? Hmmm...
Too bad no one asked the front-line managers why many of those attorneys were stagnated GS-12s. Its because they include some of the worst employees in the Agency.
Fortunately, attorneys represented by AFGE will benefit from the tremendous effort put forth by NTEU to bring about these much needed and much deserved promotions. This will be implemented nationwide. I disagree totally with the remark that these attorneys were stagnated at level 12 because they were "among the worse employees in the agency." If that were the case, please explain to me why so many of these Grade 12 attorneys were recently hired as ALJs.
1. ODAR SAs do not get involved in LMR unless they are either in management or a union official.
2. To the A (presumably for anonymous) who is envious of the SAs getting promtions when they are "stagnated", I assume you are not an attorney. Nothing like a little JD envy. Go get your law degree and call us in the morning.
3. AFGE attorneys are getting the same promotions. That is always the way. AFGE sells the attorneys down the river and NTEU goes to bat for their members and the AFGE attorneys benefit as well. Thank goodness for NTEU.
4. Most HODs love their SAs and want more because they do the heavy lifting in the office.
This discussion got off on the wrong foot with inappropriate comments about OGC and labor relations since the issue is really ODAR staff attorneys. I'm sure some staff attorneys are good and earn their keep, while others are the bottom of the barrel. Why promote them all by upgrading their positions rather than offering promotional opportunities so that the best can advance without wasting more money on the poor performers?
I agree. Adding more SAs will not result a comporably higher number of early dispositions. Non-competitive selection will not necessarily add people with the same skill set or productive character as the current SAs. Competitive selection will be better, but the efficiency of the larger group of SAs will be reduced due to the finite number of good cases in the pool for OTR decisions. In many ODAR offices, the current SAs are keeping up with review of the OTR review referrals and screening for additional OTRs. More SAs will result in additional screening of cases that are less likely to yieldan OTR favorable decision(cases for which a hearing and ALJ decision is more appropriate). I don't think this initiative will be as productive as promised.
Hands down, best move ever made by Commissioner Astrue! Congratulations. Kuddos to NTEU for your persistence and professionalism.
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