Happy Labor Day — 2018 Style

     From the New York Times:

The Trump administration seemed to suffer a major setback recently when a judge rebuffed its efforts to impose tighter labor rules in federal agencies. 

But the judge largely found fault with the means by which it had acted, not with the ends it was pursuing: to make it easier to fire federal employees and limit the power of their unions. 

As a result, the administration may yet achieve the same goals. And according to workers and union officials, the effort has already created a climate of anxiety across much of the government. ... 

Few agencies epitomize this approach better than the Social Security Administration. Union officials say that while management has generally taken a more confrontational posture since the George W. Bush administration, the atmosphere has been poisonous at times under President Trump. ...  

[U]nion leaders worry that the Social Security Administration will seek to enact the same provisions through a short-circuited bargaining process. Under that approach, the agency could declare an impasse, opening the door for an outside panel — a body composed of presidential appointees — simply to impose most of what management had sought. ...

Happy Labor Day!

A Milestone

     Social Security benefit payments are supposed to exceed $1 trillion for the first time next year. By way of comparison, the Trump tax cut is about $1.5 trillion over the next decade.

A Sad Story Of Insanity, Guns And Bad Policing

     The Miami Herald reports on the sad story of how Social Security Administrative Law Judge Timothy Maher ended up killing himself after an armed standoff with police. There's no question about it. This sad story shouldn't have ended like this. Maher should have been involuntarily committed. There was ample evidence to justify an involuntary commitment well before the armed standoff began.

Just In Time For The Labor Day Weekend

     From the Baltimore Sun:

Unions representing thousands of Social Security Administration employees said Thursday that the agency is lifting rules that restricted the unions’ ability to advocate for members in the workplace. The rules had been issued by President Donald Trump in three executive orders May 25. 

A federal judge ruled Saturday that Trump overstepped his authority in significant portions of the orders, which restricted members’ access to government office space for union business and limited the time for union activities such as discussion about grievances.

The American Federation of Government Employees and other unions had been waiting since Saturday for the Baltimore-based Social Security Administration to confirm it would comply, as the Justice Department in Washington weighed a possible appeal.

Confirmation came Thursday.

“As of August 30, the agency is returning to the terms we had with our unions prior to the implementation of the executive orders,” the administration said in a statement in response to Baltimore Sun questions. “Social Security enacted these steps consistent with the recent District Court ruling and accompanying guidance issued by the Office of Personnel Management.” ...

Social Security In No Hurry To Comply With Court Ruling On Unions

     From Joe Davidson writing for the Washington Post:

Federal labor organizations won a major battle against President Trump with a U.S. District Court ruling overturning major sections of executive orders that substantially undermined government unions.

But the lingering effects could continue to haunt the already mangled management-labor relationship in an administration that has taken one step after another to alienate federal employees.

First, will the administration obey the court order? ...

The response of the Social Security Administration is instructive. It demonstrates no hurry to follow the court’s decision....

Emails provided by the American Federation of Government Employees (AFGE) from Social Security labor relations officials in Chicago and Dallas to local union leaders indicate the agency still considers Trump’s orders binding.

“The agency is currently evaluating the judge’s ruling on the executive orders,” said a labor and employee relations supervisor in Chicago. “We will not make any changes until that evaluation is complete.”

An email sent Monday from a Social Security official in Dallas said “we just received notice from headquarters, that the Agency’s position remains the same on the guidance that was effective on July 9, until further notice.”  ...

     Update: The Office of Personnel Management (OPM) has now instructed federal agencies to comply with the District Court decision.

SSR 82-53 Rescinded

     The Social Security Administration has announced that it is rescinding Social Security Ruling 82-53.

Bill Introduced To Restore ALJs To Competitive Service

     From Government Executive:

A pair of senators is looking to reverse a recent executive order issued by President Trump to remove administrative law judges from the competitive service, which critics have warned could strip the executive branch employees of their independence.

President Trump in July issued an executive order that would allow agency heads to pick whomever they wish to be administrative law judges, provided they are active lawyers or judges. Previously, the Office of Personnel Management independently vetted candidates, and then submitted to agencies a short list of potential names.

The new bill, introduced by Sens. Maria Cantwell, D-Wash, and Susan Collins, R-Maine, would restore the government’s 1,900 ALJs—most of whom work for the Social Security Administration—to the competitive service. The reversion would ensure OPM makes hiring recommendations based on “qualifications and competence,” the senators said, rather than any arbitrary justification political appointees choose. ...