AFGE LOCAL 2505
On-Line!
Please check out our
Local’s new website at:
There, you can find links to Union-member benefit
information, copies of grievances, ULPs and bargaining
demands by office filed by the Local. Also, arranged by
office, you can find documents about your office on-line
such as asbestos reports, water and air testing reports,
health & safety inspections. You can find previous
editions of our Local newsletter, our Labor-Management
Report, meeting minutes, our constitution and by-laws, a
blank grievance form, your rights as a Union Member,
links to your elected officials at the National and
State levels, a list of officers, etc.
Check it out and let us know what you think!
NICE: ELECTION OF DELEGATES
You are
hereby notified, in compliance with the constitution and
by-laws of AFGE that the AFGE Local 2505 will be
discussing and voting on sending delegates and/or proxy
delegates to the 2008 AFGE District 9 Caucus. This will
occur at the regular meeting of Local 2505 which will
begin at 11 am on Saturday, April 5, 2007, at 3837
Highpoint Court, Norman, OK, 73072.
AFGE
Local 2505 is entitled to 2 delegates. The President,
Secretary-Treasurer and Executive Vice President (in
that order) are delegates-by-virtue-of-office
to all caucuses and conventions.
The
AFGE District 9 Caucus will be held in the Clarion Hotel
at 3333 South Glenstone, Springfield, Missouri 65804 on
Saturday, May 17, 2008 beginning at 10 am.
NOTICE: ELECTION OF 2nd Vice President
You are
hereby notified, in compliance with the constitution and
by-laws of AFGE and AFGE Local 2505 that the AFGE Local
2505 will be accepting nominations and conducting an
election for the vacant position of 2nd Vice
President of AFGE Local 2505 at the Local Meeting which
will begin at 11 am. It will be held at 3837 Highpoint
Court, Norman, OK 73072.
Nominations may be made at the meeting. Self-nominations
are permitted. Nominations do not have to be seconded.
Nominees must accept the nomination. If the nominee is
not present at the meeting, a written acceptance must be
submitted to the Election Committee prior to the close
of the nominating process.
If you
will not be able to attend the meeting, and wish to
nominate someone or yourself, you may mail in your
nominations to Magda Mashburn, Secretary-Treasurer,
AFGE Local 2505,
3837
Highpoint Court, Norman, OK 73072.
Candidates nominated by mail must still accept the
nomination, either at the meeting or in writing, as
explained above.
Qualifications for office are: be a member in good
standing of AFGE Local 2505; be a member of AFGE Local
2505 for one year immediately preceding the closing of
the nomination process; not be a member of any labor
organization not affiliated with the AFL-CIO.
The
term of office is 3 years ending with the installation
of officers at the regularly scheduled January, 2009
Meeting of AFGE Local 2505 or “at the earliest
practicable date after the elections are completed.”
As
Campaign Season Heats Up:
This
does NOT apply to our retirees; ONLY to our members who
are current SSA Employees!
From
what we understand the Deputy Commissioner for
Operations has asked all managers to conduct staff
meetings with employees about the Hatch Act. Although
these are formal meetings at which AFGE has a right to
be present, there may not be an AFGE representative at
each one of these meetings - so we wanted to give you
the AFGE perspective on this issue in advance of these
staff meetings.
Information about the Hatch Act can be accessed at the
following web-sites:
As a Federal Employee, you are governed by the Hatch
Act. As a result of the Hatch Act Reform, the list
of DO's is much longer than it used to be. There are
many things that you can do politically while
off-duty, away from Government property, without the
use of a Government vehicle, uniform, or official
insignia. Just because you are a federal employee
does not mean that you do not have the right to
express your opinions, actively support candidates,
etc.
Although there is a lot of information regarding all
the do's and don'ts under the Hatch Act, reading all
of it can be very time consuming and confusing. For
that reason, we're giving you a quick list of do's
and don'ts. If you need more information, visit one
or all of the above web-sites.
Following the guidelines above (while off-duty,
away from Government property, without use of a
Government vehicle, uniform, or official insignia),
under the Hatch Act you can:
·
Express opinions about candidates and
issues in private and in public, even when done in a
concerted way to elicit support for a candidate or
party (such as putting a candidate’s sign in your
yard; going door to door to canvas for candidates;
putting a bumper sticker on your privately owned
vehicle (POV), as long as you do not use your POV
for government business, even if you park it in a
government lot; or to do phone banking for
candidates or issues, etc.);
·&nb!
sp; ; Take an active part in
political management and campaigns;
·
Contribute money to candidates,
parties, and political organizations, subject to
limits established by the Federal Election
Commission;
·
Attend, participate in, organize, or
manage political rallies, conventions, and meetings.
Be candidates for public office in nonpartisan
elections;
·
Register and vote as you choose;
· &np;
Assist in voter registration drives;
·
Express opinions about candidates and
issues;
·
Attend political fundraising
functions;
·
Attend and be active at political
rallies and meetings;
·
Join and be an active member of a
political party or club;
·
Sign nominating petitions;
·
Campaign for or against referendum
questions; constitutional amendments, municipal
ordinances;
·
Campaign for or against candidates in
partisan elections;
·
Make campaign speeches for candidates in
partisan elections;
·
Distribute campaign literature in partisan
elections;
·
Hold office in political clubs or parties;
These are just some of the things that you are permitted
to do, but we are often asked about these specific
issues and whether or not employees can participate in
them while employed by the Federal government.
There are very few things that you cannot do under the
Hatch Act as long as you are (1) not on Government
property, (2) not in a Government vehicle, (3) not on
Agency duty time, and (4) not wearing a uniform or
official government insignia. The list below contains
most of the Hatch Act don'ts - things you can't do even
if you are on your own personal time, away from work.
Under the Hatch Act you cannot:
·
Use your official authority to influence
or interfere with or affect the result of an election;
·
Coerce the political activity of another
employee or ask a subordinate to volunteer on behalf of
a partisan political campaign;
·
Run for public office in a partisan
election;
·
Knowingly solicit or discourage the
political activity of anybody who has business with SSA;
·
Come to
work wearing a partisan political button;
·
Have a partisan political sticker on your
car if you are using that car for official
government purposes (i.e., you use it during your work
day on a reimbursable basis);
·
Solicit for political contributions
through campaign letters;
·
Sell tickets or collect money for a
fundraiser;
·
Host a political fundraiser at home
(although your spouse can and you can attend);
·
Permit the use of your name as a sponsor,
member of an inviting committee, or point of contact for
a fundraising event;
·
Address a group seeking support
(contributions) on behalf of a candidate (some
exceptions apply).; solicit or receive political
contributions (may be done in certain limited situations
by federal labor or other employee organizations);
·
Be candidates for public office in
partisan elections.
SSA has recently become aware of possible Hatch Act
violations that occurred via the Agency E-mail system.
Engaging in political activity while on duty may also
include-
·
Forwarding political endorsements of any
candidate;
·
Soliciting contributions;
·
Sharing political jokes or images;
·
Sharing political web site links in any
way;
·
Using government property, equipment or
time to engage in political activity.
SSA does not have the authority to investigate and/or
determine what is and is not a "Hatch Act" violation.
This responsibility belongs to the Office of Special
Council. (
www.osc.gov)
The Office of Special Council (OSC) will conduct an
investigation based on information provided by SSA. If
the OSC determines a "Hatch Act" violation occurs, they
will decide whic! h course of action to take. There are
only two penalties that can be considered by the OSC -
1) a 30 day suspension or
2) REMOVAL
If an SSA or OSC official requests to talk to you about
an alleged Hatch Act violation, DO NOT THINK TWICE:
REQUEST UNION REPRESENTATION!
If you have any concerns about what you can and can not
do or what you may have done, you should contact
the Union.
AFGE has attorneys who specialize in issues of Hatch
Act and will be very helpful in defending employees who
may be accused of violating the Hatch Act.
Local Asks SSA to Upgrade SRs
From:
Dejuliis, Ralph
Sent: Wednesday, February 27, 2008 1:58 PM
To: Schuenemeyer, Ramona
Cc: Callahan, Dana B.
Subject: RE: RS/TSR job duties / PD and
Operational Bulletin for handling Claims leads based on
streamlined Proof of Age
Importance: High
Good Afternoon!
The TSR's
job description does not require we interview to obtain,
clarify, and verify information about individual
applicants initial eligibility for retirement,
survivors, disability, etc. that is in the job
description for CR's. Now TSR's are being told to do the
following:
This Operational Bulletin (OB) provides guidance for
handling claims leads based on the streamlined proof of
age and U.S. citizenship policies:
Background
Effective February 11, 2008, the Agency implemented a
streamlined policy for establishing proof of age and
U.S. citizenship for certain claimants who are age 60 or
over at the time of filing and who file either a:
·
Title II
application, or
·
Title XVIII
application, or
·
Title XVI
application concurrently th a Title II or Title XVIII
application.
More specifically, under
the streamlined proof of age, claimants age 60 or over
at the time of filing may not be required to
submit proof of age, if their allegations can be
established through SSA’s records. See POMS
GN 00302.030
for detailed policy concerning Evidence of Age. In
addition, claimants age 60 and over may not be
required to submit evidence of U.S. citizenship, if
citizenship is already established or can be established
through SSA’s records. See POMS
GN 00303.320
for detailed policy concerning Evidence of U.S
Citizenship - Tolerances.
The streamlined proof of age and citizenship policy is
intended to ensure that claimants who are age 60
or over at the time of filing do not delay in
filing their claims in situations when the requested
evidence is not readily available.
Be sure to take the action below when handling claims
leads.
The information in this bulletin will be incorporated in
a future update of the TSCOG on PolicyNet and CHIP.
Action
Use this procedure for processing claims referrals for
claimants who:
·
are age 60 or
over at the time of filing, and
·
allege to be
a U.S. citizen, and
·
are filing
for Title II or Title XVIII benefits or Title XVI
benefits concurrently with a Title II or Title XVIII
application.
1. Determine if U.S.
citizenship and evidence of age are established through
SSA’s records (see POMS
GN 00303.300N.
for establishing citizenship) and (POMS
GN 00302.010
for establish age) and follow the steps below.
IMPORTANT:
If you are using the NUMIDENT for determining if
citizenship is established for claimants age 60 or over
at the time of filing and who are filing for Title II or
Title XVIII benefits or Title XVI benefits concurrently
with a Title II or Title XVIII, always follow the
instructions in POMS
GN 00303.320A.1.
·
If both U.S.
citizenship and proof of age are established
through SSA's records:
- annotate LPFP REMARKS with "Citizenship
Established" and the SSA record (e.g., MBR, SSR etc.)
and its data (e.g. line, field, codes) that establishes
U.S. citizenship.
EXAMPLE1:
"Citizenship established. Citizenship Data Line of MBR
meets criteria in POMS
GN 00303.300N.5."
EXAMPLE2: "Citizenship established. SSR meets
criteria in POMS
GN 00303.300N.6."
EXAMPLE3: Citizenship established. Numident’s
latest Cycle Date (CYD) indicates a CSP code of “A” and
meets the criteria in
GN 00303.320A.1.
for claimants age 60 and over.
-
leave the “AGE” field blank on the LPFP
screen.
- also annotate LPFP REMARKS with “Evidence of age
established” and the SSA record (e.g., NUMI, SSR, MBR,
etc.)
EXAMPLE1:
“Evidence of age established. IDN of NUMI shows code P
and meets criteria in
GN 00302.010.”
EXAMPLE2: “Evidence of age established. Benefit
Data Line of MBR shows DOB code P and meets criteria in
GN 00302.010.”
-
go to step 3.
·
If SSA
records shows US citizenship is established, but
evidence of age is not established OR evidence of
age is established, but U.S. citizenship is not
established,
- advise the claimant that
we may need to see his or her birth certificate for the
applable evidence (i.e. evidence of age or U.S.
citizenship) not established in SSA’s records.
- annotate REMARKS with
applicable evidence (i.e., evidence of age or
citizenship) established in SSA’s records. See examples
above for annotating REMARKS.
- If the claimant’s age was not established on SSA’s
records, be sure to place an “X” in the “AGE” field on
the LPFP screen.
- go to step 2.
·
If
U.S. citizenship and
evidence of age are not
established through SSA's records,
- tell the claimant that we
may need to see his or her birth certificate or other
evidence of age (GN
00302.030B.1.) and U.S.
citizenship (GN
00302.320B.1.), and
- be sure to place an “X” in the “AGE” field on the LPFP
screen.
- go to step 2.
2. If the claimant alleges
not having the evidence (e.g., birth certificate, etc.)
in his or her possession:
·
Tell the
claimant to proceed in filing the claim and emphasize
that he/she should not delay the claims filing process
because the evidence is not available, and
·
Inform the
claimant that the claims representative will advise
him/her about any necessary evidence.
NOTE:
This ensures that the individual does not delay filing
for benefits, cancelling an appointment, or obtain
evidence when it is not necessary.
3. Follow additional
procedures, as appropriate, in
TC 10010.070
for processing the claim! s referr al.
I was wondering if SSA would consider (1) formally
adding this to the Position Description of all Contact
Representatives which would hopefully (2) result in SSA
finding the will and the way to reclassify the Contact
Representative (SR and TSR) from a top grade of GS 8 to
a top grade of GS 9?
I think that would be a three-way win: a win for the
public, a win for SSA and a win for the employees!
Thank you for your consideration.
SPAN>
Ralph de Juliis, President
AFGE Local 2505
SSA responded:
From:
Callahan, Dana B.
Sent:
Thursday,
February 28, 2008 6:52 PM
To:
Dejuliis, Ralph
Cc:
Schuenemeyer, Ramona; Hill, Billye; Casavantes-G, Vita;
LaComette, Bruce; Mathews, Vicki A. RO Dallas; Williams,
Billy L.
Subject:
TSR
job duties / PD and Operational Bulletin for handling
Claims leads based on streamlined Proof of Age
Hi, Ralph,
Thank you for your inquiry to Ramona regarding the SR
and TSR position descriptions (PDs). I am responding to
you on her behalf.
The Contact Representative (SR and TSR) position
descriptions are nationwide standard PDs which were
developed and are administered by DCHR. Since these are
nationwide position descriptions, we will forward your
request to DCHR for their consideration of any impact
that these added duties may have. This is necessary to
ensure a consistent approach throughout SSA.
Please let me know if you have any questions or wish to
discuss.
Thank u.
Dana B. Callahan
Project Manager/LR/ER
Dallas Region
214-767-0290
fax - 214-767-0639
For
Retirees
Premium Conversion gained three new cosponsors:
Rep. Joe Wilson, R-SC, Rep. Laura Richardson, D-CA, and
Rep. Chaka Fattah, D-PA. The total is now 307.
Government Pension Offset/Windfall Elimination Provision
Repeal legislation, H.R. 82, added Rep. Steve
Chabot, R-OH, and Rep. Ike Skelton, D-MO. The total is
now 339. While both House and Senate GPO/WEP Repeal
bills have record co-sponsorship, 7 Senators and 34
Representatives are “lapsed” cosponsors of Premium
Conversion legislation meaning they cosponsored an
identical bill in the 109th Congress but have
NOT YET done so in the current Congress.
Rep. James Moran, D-Va., ans to introduce a bill March
10 that would compensate more retiring federal employees
for a portion of their unused sick leave.
Moran’s bill would provide employees retiring under the
Federal Employees Retirement System (FERS) up to $10,000
in compensation. Employees would be paid 10 percent of
the hourly average of their three highest salaries for
all but the first 500 hours of their unused sick leave.
Employees under FERS currently receive no compensation
for their unused sick leave when they retire. The bill
is meant to discourage them from abusing their sick
leave benefits as they near the end of their careers.
The Office of Personnel Management (OPM) is changing the
way it credits service for employees on workers'
compensation who work part time but have full-time
appointments. These are employees who were given
full-time appointments, but as a result of a
work-related injury covered by the Office of Workers'
Compensation Programs (OWCP) are able to work only part
of a day and use leave without pay for part of the day.
The change came about as a result of a case brought by a
retiree before the Merit Systems Protection Board. In
Hatch v. Office of Personnel Management, the Board
ruled that the retiree should have been treated as a
full-time employee for the period of time he worked four
hours per day and received OWCP benefits for the other
four hours while in a leave-without-pay status.
Prior to the Hatch decision, OPM had interpreted the
retirement laws and regulations to mean that employees
in these cases were not entitled to full-time credit for
time worked when they worked four hours, for example,
and were paid for the additional four hours in their
full-time schedule by OWCP. This interpretation could
have severe consequences in computing the high three
years average salary used in the annuity computation if
it included only half-time pay for the position of
record. It could also have led to erroneous part-time
computations when the annuity should have been computed
as full-time.
Employees with full-time appointments and in receipt of
OWCP benefits, who work part of the day and are on
approved leave without pay for part of the day, will now
be given full-time credit. However, if an employee is
not under a full-time appointment (e.g. part-time
flexible or limited tour), the usual part-time rules
apply. The position of record is used. If the employee
is employed at a lower grade than before the injury,
even if he is also receiving OWCP, the lower grade is
the position of record, and the salary of the lower
grade is used in the annuity computation. The decision
also does not apply to re-employed annuitants.
It is not possible for OPM to identify every annuitant
who fits the Hatch profile with part-time service who
would qualify. Federal agencies have been asked to
review their payroll files for pending retirement cases.
If you believe your retirement computation was affected,
you should contact OPM at 1-888-767-6738; in DC,
202-606-0500.
Your contributions to the federal retirement fund are
not taxable when the government sends this money
back to you in the form of an annuity. But you only
receive a portion of it back each year. The Office of
Personnel Management will tell you how much of your
annual annuity is subject to federal income tax on the
form 1099-R that they send you each January.
Your contributions to the retirement fund have been
taken out of after tax dollars and we will not have to
pay tax on them when we receive them back through our
annuity. We do, however, only receive a portion back in
each monthly annuity payment. We will not recoup it all
until we have reached our life expectancy (as determined
by the IRS).
Know Your Rights I:
Sick Leave
[If the employee has sick leave and the Agency
acknowledges they are sick/incapacitated for duty, they
are obligated to approve the sick leave and can't charge
AWOL. The Agency can, however, discipline the employee
for failure to follow procedures for approval of leave,
if that is an issue.]
The employee was out for two weeks with pneumonia. OS
told employee he would NOT accept MD's note because it
didn't give the clinical diagnosis, i.e., pneumonia. The
employee tells the supervisor that MD, because of HIPPA,
won't give more details. The OS says he'll think about
it.
Here is what the Union told employee:
Go to the contract: Article 31, Section 4: Sick Leave,
B, reads in relevant part:
4. In the event a medical certificate is necessary,
the completion of the reverse side of the SSA-71 by a
physician or practitioner, or equivalent shall normally
be considered sufficient.
The back of the SF-71 has a section entitled:
CERTIFICATION OF PYHSICAN OR PRACTITIONER. It asks for
the MD's name, dates the employee was "Under
Professional Care", there is a REMARKS section which I
would ask the MD to leave blank because the pre-printer
next part reads:
I certify that the employee named was under my
professional care for the period indicated above, and
that the employee's condition during this period made
reporting to work inadvisable.
That is SSA's form. That is ALL that they negotiated!
Don't let your OS brow-beat you into providing more
information. They'll want it from EVERYONE else next
time they are out 1/2 a day with the sniffles (just to
remind employees that they are the boss)!!
Of course, management has the "normally” escape clause.
I also told the employee when she hands the 71 completed
by her MD to the supervisor, to tell him, "Ralph said
this is all the contract requires. If you aren't happy
with this, would you please talk to Ralph?"
As always, the best defense is a good offense!
[Editor’s Note: Please note that if you are looking to
have ADVANCED SICK LEAVE approved, Article 30, Section
4.D begins:
Employees
who are incapacitated for duty because of serious
illness or disability may be advanced sick leave for up
to 30 days.
A mere certificate which doesn’t say what you have is
probably NOT going to be sufficient for your supervisor
to determine that you have or were incapacitated by a
“serious illness or disability.]
Know Your Rights II:
Excused Absence
An employee was late yesterday. As soon as they got to their
desk, management jumped them and called them into the DM's
office with the OS there to "counsel" them about being late.
A counseling session is pretty straight forward: (1) This is
what you did. (2) This is why we in management don't like
it. (3) Now you are on notice we don't like this behavior.
(4) You can go now. Have a nice day.
(Yeah, right! Like that is the beginning of a "nice" day.
BUT, that is another story.)
NOW, once management goes to (5) I want to help you! Is
there something you'd like to tell me or discuss with me?
What is the problem? Why did this happen? Why does this
happen a lot?
AS SOON as management asks a question, we have good
arguments that the "counseling" session has turned into a
"formal discussion" to which the Union has a right to notice
so it can attend.
In this particular incident, management wanted to be nosy
and asked about the employee's home life and wanted to know
if everything was okay.
If you do NOT answer it is not a formal discussion. The
Union urges you to answer with, "Asking questions makes this
a formal discussion; you must notify the Local President,
Ralph de Juliis."
That should end the conversation. If it doesn't, when it is
over, you need to let the Union know and the Union will file
something.
Additionally, if you areot chronically tardy, that should be
the end of the discussion. (Article 31, Section 3A)
In this particular case, later that morning, a co-worker
asked the employee what happened because the co-worker
overheard [you] "getting your *ss chewed out for being
late." Counseling and this sort of discussion should be
PRIVATE. Obviously, this was not a private counseling
discussion, but rather a public flagellation! In this case a
grievance that management violated Articles, 1, 2, 3 and 23
is the appropriate response. The formal discussion is in
Articles 1, 2 and 3. The failure to safeguard the employee’s
privacy is in Articles 3 and 23.
The bottom line is that every one of us is going to screw up
occasionally; some of us, more than occasionally. So what?
Management only has the right to ask us to straighten up and
fly right. They do NOT have the right to pry into our
personal lives or practice subtle or ham-handed intimidation
and embarrassment by going 2 on 1 and being just loud enough
so that our co-workers know why we have been called on the
carpet.
Whenever employees starts to stand up for themselves and
their rights and management has to explain itself up the
chain of command, this happens. Do NOT take it because you
are guilty and actually did something wrong (in the case,
the rep actually was FOUR MINUTES late). A simple reminder
that you were late and rejoinder / exhortation to be on time
is enough. What happened here was BEYOND the pale. Do NOT
let management get away with this. CALL THE UNION!!
D. Employees shall be entitled to a reasonable amount of
excused absence to obtain eyeglasses/contacts (including
disposable lenses), and VDT eyeglass/contact examination and
fitting, provided that the employee in fact has an
authorized VDT eyeglass/contact (including disposable
lenses) prescription. Normally this will not exceed 2 hours
total time for all matters.
The 1st time you go, the MD must prescribe VDT eyeglasses or
contacts for SSA to authorize you 2 hours of admin leave.
ONCE YOU HAVE THEM, you are entitled to 2 hours admin leave
on subsequent visits EVEN IF the MD doesn't find you need
your prescription changed (which means that SSA will not
reimburse you for the cost of the examination).
Furthermore, this is NOT limited to once a year: it is
whenever your prescription changes.
The details of the entire vision program can be found in
Article 9, Section 18.
Ylita has been a fixture in Local 2505 and the Dallas Region
and will be sorely missed!
She was the Local Rep in Oklahoma City, Executive Vice
President and then President of our Local. Her counsel,
advice and even temper will be missed! (But we know where
she lives and have her cell phone number)!
Here is what a colleague from the San Francisco Region,
Howard Egerman, wrote us: