To Do For All That Which No One Can Do For Oneself
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In a landmark decision, a federal judge has ruled that President Trump violated the U.S. Constitution and laws providing checks and balances in the federal government by attempting to deny more than 2 million federal workers their legal right to representation.

Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia ruled late Friday that the Trump administration’s May 25 executive order on official time violated the U.S. Constitution and the separation of powers as established in law.

AFGE, which was the first union to challenge President Trump’s executive orders in court, applauded the judge’s ruling.  

“President Trump’s illegal action was a direct assault on the legal rights and protections that Congress specifically guaranteed to the public-sector employees across this country who keep our federal government running every single day,” AFGE President J. David Cox Sr. said.  

“We are heartened by the judge’s ruling and by the huge outpouring of support shown to federal workers by lawmakers from both parties, fellow union workers, and compassionate citizens across the country,” Cox added. “Our members go to work every single day to serve the American people, and they deserve all the rights and protections afforded to them by our founding fathers.” 

 

The lawsuits 

AFGE, the largest union representing federal government employees, filed two lawsuits challenging President Trump’s executive orders.  

The first lawsuit challenged the executive order on official time as a violation of the right to freedom of association guaranteed by the First Amendment, and as exceeding the president’s authority. The second lawsuit charged that the remaining two orders exceed the president’s authority under the U.S. Constitution by violating the separation of powers and exceeding current law.  

The impact of these executive orders began being felt months before they were even issued, as the Department of Education in March threw out the contract covering 3,900 federal employees represented by AFGE and implemented its own illegal management edict that strips workers of their union rights, a precursor to what was to come weeks later when President Trump issued the three union-busting, anti-federal worker executive orders.  

Since the executive orders were signed May 25, other agencies including the Social Security Administration and Department of Veterans Affairs have issued similar edicts in an attempt to eradicate unions from the federal workplace and deny workers their legal right to representation.  

“Now that the judge has issued her decision, I urge all agencies that have attempted to enforce this illegal executive order to restore all previously negotiated contracts and to bargain in good faith with employee representatives on any future changes as required under the law,” Cox said.  

 

 

 

 

Labor Day is dedicated to the social and economic achievements of American workers. It is also the day to celebrate some of the labor movements’ major accomplishments on behalf of all Americans: Eight-hour work day. Weekends without work. Lunch breaks. Minimum wage. Sick leave. Paid vacation. Child labor laws. Workers’ compensation. Workplace safety and regulations. Employer health care insurance. Pensions. Overtime pay. The list goes on.

These successes did not happen overnight. Union members fought every day to win these common-sense changes to make our economy work for everyone and not just a select few. 

The same is true at our union. As the largest union representing federal employees, what our union and members do have a far-reaching effect across the country. Oftentimes, our fight for workplace rights in the federal government has ramifications on the democratic values all Americans cherish.

When due process in the federal government is threatened, for example, it sends a chilling effect to all workers across the country. Indeed, President Reagan’s unprecedented firing of more than 11,000 air traffic controllers encouraged private employers to do the same to striking workers. 

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FIGHT TO WIN

August 14th, 2018 | Posted by admin in Convention | Events | Photo Gallery - (0 Comments)

AFGE Local 1395 Delegates attend 41st National Convention August 13-17, 2018 Las Vegas, NV

Delegates

seated left to right; 

Agatha Joseph,  President

H. Justine James, Admin. Director PSC

Greg Senden, Admin Director OHO

standing left to right:

Patricia Hayes, V.P. Field Office

Cheryl Bellamy-Bonner,  Executive Vice President 

Patricia Washington, Correspondence Secretary 

 

August 13th, 2018 | Posted by admin in Convention | Events | Local 1395 - (0 Comments)

AFGE 41st National Convention

August 13,-17, 2018 

LasVegas NV 

FIGHT TO WIN 2018

 Union Busting Is a Threat to Our Democracy

Our union held a conference call with reporters July 12 to discuss the administration’s outrageous Executive Orders that seek to undermine America’s union and workforce.  

Union officials at the Social Security Administration and others are being stripped of access to vital tools that help us represent working people as we are required to do by law, including telephones, computers, Internet access, and even bulletin boards.  

Barri Sue Bryant, president of AFGE Local 2908 representing SSA employees in Philadelphia, told reporters that the Trump administration is making it nearly impossible to represent employees.  

“They told us yesterday that they won’t allow us to use leave without pay, or only in extremely limited conditions, to do representational duties,” she said.  

The executive orders have caused even more chaos at severely understaffed federal prisons, which have been struggling to respond to the influx of immigrant detainees.  

“Their attempts to silence us are creating nothing but chaos in the prison system,” said John Kostelnik, president of AFGE Local 3969 which represents Bureau of Prisons employees in Victorville, Calif.  

Undermining our democratic values  

The Trump administration has gone from being out of control to a serious threat to our democracy.  

While poll after poll has shown the American people overwhelmingly support labor unions, the weak Trump administration is being dictated by powerful special interests to do the dirty work for them. The Heritage Foundation, a fake think-tank funded by the likes of the Koch brothers, are openly pushing for policies that are bad for working people but good for businesses. A former Heritage employee now sits on Trump’s Domestic Policy Council and helps craft anti-worker policies like hiring freezes and retirement cuts.  

Our union exists to protect the merit systems, ensure justice, equality, and workers’ voice – all important factors for our government to serve and protect the American people. We make sure researchers, scientists, doctors, nurses, and other public servants have the tools and resources they need to do their jobs. But this administration is showing zero leadership in helping them do their jobs better.  

Red for Feds Day of Action 

Our union has filed lawsuits against the administration and has been joined by other unions and even members of Congress who are disgusted by this administration’s behavior.  

The hearing is set for July 25, which is our Red for Feds Day of Action. We will gather in Washington, D.C. and take action in our communities nationwide. Join us and RSVP here. 

An all-out war on the U.S. labor movement  

The three executive orders are part of a larger campaign that has been going on for decades to purge unions and workers’ ability to demand a safe, just workplace.  

Acting on behalf of business interests, politicians and officials from all levels all the way up to the Supreme Court are rewriting rules and laws to help enrich the wealthiest 1% while keeping wages low and health care and pensions close to non-existent for the rest of us.  

The wealthy and business interests have a reason to continue to chip away at the labor movement: economists have linked the decline of unions to wage stagnation and rising inequality, as workers lose the bargaining power to demand better pay.  

Here are a few examples of what they have recently done:  

  • Janus v. AFSCME 

In an attempt on AFGE’s D.C. locals and other unions representing state and local public employees, 

the Supreme Court ruled in Janus v. the American Federation of State, County, and Municipal Employees (AFSCME) allowing non-union members who benefit from union work like higher pay and better benefits to not have to pay their fair share.  

Before the decision, non-union members were already able to opt out of paying for the union’s political and organizing activities. They only paid for the cost of collective bargaining which they benefited. This divide-and-conquer tactic seeks to force unions to do all the work for free for everybody until it runs out of money and collapse, bringing workers’ rights along with it.  

The Janus ruling overturns its 1977 decision in Abood v. Detroit Board of Education, which allowed public-sector unions to collect fair-share fees from workers who have not joined the union yet benefit from the union’s contract and other services.  

  • Epic Systems Corp. v. Lewis 

Prior to Janus, the Supreme Court had issued another decision that helped advance corporate interests. The high court ruled that companies can force employees into lengthy and expensive one-on-one arbitration procedures instead of allowing them to pursue class-action grievances.  

  • Right-to-work-for-less laws 

Acting on behalf of business interests, politicians have managed to pass the right-to-work-for-less laws in 28 states to undermine workers and their unions in the private sector.  

U.S. labor law requires that unions represent all employees in the workplace they have unionized. Unions are allowed to collect a fair share fee from non-members who benefit from union work – higher wages, better benefits, and a safer workplace. Right-to-work-for-less laws allow non-members in the private sector to benefit from union work without having to pay for the fee. These right-to-work-for-less laws have hurt union finances and ability to bargain for better wages and benefits – exactly what businesses want.  

  • Wisconsin  

Bankrolled by the likes of the Koch brothers, newly elected Wisconsin Governor Scott Walker in 2011 launched a crusade against the middle class. Walker signed into law a bill that stripped state workers most of their collective bargaining rights. It prohibited public sector unions from bargaining over health coverage, pensions, hours, safety issues, sick leave, and vacations. The only thing unions could negotiate was base pay, but that was also limited to the rate of inflation. The law also required employees to pay more towards their pensions and repealed a fair-share union fee requirement. It ended automatic union dues collection by the state and required the unions to recertify annually. Union membership in Wisconsin dropped sharply as workers’ take-home pay got cut and unions could no longer help them as much.  

  • Teachers’ strikes 

Politicians and privatizers’ war on public school teachers has been raging on for decades. The teachers are overworked, underpaid, and very much vilified. While states freely cut taxes for the wealthy, also cut too are teachers’ pay and retirement. That’s why from West Virginia to Oklahoma, teachers went on strike and took to the streets to demand a raise and respect. We stand behind these teachers and condemn these irresponsible politicians.  

We must fight back 

The Trump administration is a threat to our core values of democracy and justice.  

Visit www.afge.org/fightback for steps we can take to stop it. Also join our Day of Action on July 25 in communities nationwide.  

 

How You Can Reach Local 1395

July 3rd, 2018 | Posted by admin in Uncategorized - (0 Comments)

Effective July 9, 2018 SSA will disconnect all equipment used by AFGE. 

Here is how you can reach us: 

AFGE Local 1395

PO BOX 617515

CHICAGO IL 60661-7515

EMAIL: afge1395@sbcglobal.net

Secured FAX:  312-277-7598

 

AFGE Sues President Trump Over Executive Order

 

On May 30, 2018, AFGE sued the Trump administration in response to an executive order Donald Trump issued that aims to deny workers their legal right to representation at the worksite. 

On May 25, President Trump signed three executive orders that chip away at due process and collective bargaining rights for federal employees. A third executive order, which impedes employee representation at the job site, is the focus of the lawsuit. The order seeks to rewrite portions of the Federal Service Labor-Management Relations Statute, which governs labor relations in the federal civilian workplace. In particular, the order seeks to restrict ‘official time’ – the hours federal employees who are union volunteers use for legally mandated representation of their coworkers in the workplace, such as filing a grievance on retaliation or unfair termination. 

The lawsuit, filed in U.S. District Court for the District of Columbia, challenges the executive order as violating the right to freedom of association guaranteed by the First Amendment, and as exceeding the president’s authority under the Constitution of the United States. 

Congress passed these laws to guarantee workers a collective voice in resolving workplace issues and improving the services they deliver to the public every day – whether it’s caring for veterans, ensuring our air and water are safe, preventing illegal weapons and drugs from crossing our borders, or helping communities recover from hurricanes and other disasters. 

The United States is not a dictatorship. No president should be able to undo a law he doesn’t like through administrative fiat. AFGE will not stand by and let this administration willfully violate the Constitution to score political points. 

How Federal Employees Are Using Official Time 

People who know how official time is actually used at various agencies are stunned by the administration’s twist of facts and intentional assault on our government’s workforce and democracy itself. Members of Congress from both sides of the aisle have long approved the use of official time because it helps improve agency operations and make federal agencies a better place to work. But anti-union forces and powerful special interests are not interested in that.  

The truth about official time 

Official time is a practice in which federal managers and employees work together to make government more efficient, productive, and just. All federal employees, whether they belong to a union or not, are guaranteed the right to fair representation. Employees who volunteer to serve as union representatives are allowed certain hours in their work days to carry out those representational activities. 

Contrary to what the administration wants people to believe, official time is never used to conduct internal union business, such as soliciting members, holding internal union meetings, electing union officers, or engaging in partisan political activities. 

Here are 5 examples of how employees are using official time: 

  1. Implement new directives, laws, programs.  

Official time is used to go over new laws and regulations that are complex and ever changing. If employees don’t understand these directives and laws, they cannot implement them. This is especially important at a massive agency like the Department of Veterans Affairs that serves 9 million veterans every year and where a single mistake could mean life and death. Read about how a nurse from Minnesota used official time to help her hospital implement a new complex directive on prescription drug here. In Houston, Texas, employees used overtime to work with management on a new program to improve the adjudication of compensation claims filed by veterans seeking benefits at the Veterans Benefits Administration’s Regional Office. As a result, the accuracy rate for claims improved from 74% to 90%, meaning veterans got their correct benefits more quickly. 

  1. Create safe working conditions.  

Official time is used to help identify health and safety hazards in the workplace. When the workplace is safe, workers tend to use less sick leave and workers’ compensation benefits. At the Bureau of Prisons, for example, employees used official time to successfully negotiate equipping federal correctional officers with pepper spray to keep officers safe on the job. Keeping government facilities safe also prevents injuries to the American people who visit a government office.  

  1. Uphold democracy and save taxpayers money on legal fights.  

Due process is crucial in a democratic society, and official time is used to protect employees from discrimination on the basis of race, gender, age, religion, sexual orientation and other factors unrelated to their job performance. It saves taxpayers money by helping resolve workplace problems before they escalate into costly, time-consuming litigation. Employees also use official time to address various workplace incidents, such as the one in which a noose was placed on the chair of an African-American worker at the U.S. Mint in Philadelphia. 

  1. Report waste, fraud, and abuse.  

Federal employees take the oath of office toserve the American people and protect the Constitution. These employees use official time to blow the whistle on wrongdoing, such as VA management’s attempt to cover up an outbreak of Legionnaires disease that killed at least six veterans and sickened 16 others in Pittsburgh. 

  1. Negotiate contracts.  

Managers and employees use official time to negotiate a labor contract. Having an agreed-upon labor-management contract benefits both the employer and employees because a contract establishes an agreement that sets working conditions and serves as a reference when disagreements arise. It makes the costs associated with employment more predictable and reduces employee turnover and the costs associated with it.  

Official time costs very little 

Compared to other expenses, official time costs very little. According to the administration’s own numbers, official time cost $174.8 million in fiscal year 2016, compared to $200 billion the Department of Defense spends annually on service contracts despite the fact that contractors cost two to three times more than federal civilian employees doing the same job. $174.8 million is also minuscule compared to the recent massive tax cut given to corporations, which is projected to cost the U.S. Treasury more than $100 billion in lost revenue this year, or $1.3 trillion over 10 years.  

What you can do right now 

If you believe it’s wrong for the administration to cut the time that employees use to make our government better, speak up by joining AFGE or ask your coworkers to join if you already are a member. By joining, we’re sending a message to the administration that we reject this disgraceful assault on our government and its workforce.  

AFGE is also urging our members to write to your lawmakers now and tell them to issue a public statement supporting federal workers and condemning these baseless attacks. You can send a letter to your members of Congress here

Related:  

What’s Official Time? 

That means:  When you are on Union TIME 

Official time ensures federal employees have a voice at the worksite – including workers who belong to the union and those who do not.

Employee representatives use official time to enhance working conditions, such as establishing telework policies, improving workplace safety, and arranging for training and educational opportunities.

Official time also is used to protect employees from discrimination on the basis of race, gender, age, sexual orientation and other factors unrelated to their job performance.

It saves taxpayers money by helping resolve workplace conflicts as early as possible, without resorting to expensive and time-consuming administrative or legal fights.

Official time is a win for agencies and the customers they serve, since it gives unions and managers a forum for discussing ways to improve service delivery.


Office Time Handbook 

 Download Official Time: Time Well Spent 


Official Time Works for Taxpayers and Federal Employees

  • Union representatives used official time to work with management on a new program to improve the adjudication of compensation claims filed by veterans seeking benefits at the Veterans Benefits Administration’s Regional Office in Houston, Texas; the accuracy rate for claims improved from 74% to 90% as a result, meaning veterans got their correct benefits more quickly.
  • Union representatives at the U.S. Army’s Fort McCoy in Wisconsin used official time to meet with management on how to mitigate the impact of agency downsizing on employees and their families; as a result, 80 employees were successfully placed in other positions on the installation, saving the Army relocation costs.
  • The Federal Bureau of Prisons launched a pilot program to equip some correctional officers with pepper spray following prolonged negotiations with AFGE representatives that occurred using official time; these officers now are better able to protect themselves and other employees from dangerous inmates.
  • Kathleen Dahl, president of the AFGE Local representing 2,500 employees in the Pittsburgh VA Health Care System, used official time to blow the whistle on management’s attempts to cover up an outbreak of Legionnaires disease that killed six veterans and sickened 16 others.

Official Time Q&A

Click here to learn more and answer common questions about Official Time.

Spread the Word

AFGE PRESS RELEASE

May 30th, 2018 | Posted by admin in Official Time | Political - (0 Comments)

President Trump Executive Orders are threat to democracy:

White House directives aim to strip federal workers of right to representation.  

WASHINGTON – President Trump is attempting to silence the voice of veterans, law enforcement officers, and other frontline federal workers through a series of executive orders intended to strip federal employees of their decades-old right to representation at the worksite, the American Federation of Government Employees said today.

“This is more than union busting – it’s democracy busting,” AFGE National President J. David Cox Sr. said. “These executive orders are a direct assault on the legal rights and protections that Congress has specifically guaranteed to the 2 million public-sector employees across the country who work for the federal government.”

“Our government is built on a system of checks and balances to prevent any one person from having too much influence. President Trump’s executive orders will undo all of that. This administration seems hellbent on replacing a civil service that works for all taxpayers with a political service that serves at its whim.”

“Federal employees swear an oath to serve this country. The American people rightly expect that federal employees go to work every day and do the jobs they were hired to do – whether it’s ensuring our food is safe to eat, caring for veterans who were injured while serving their country, preventing illegal weapons and drugs from crossing our borders, or helping communities recover from hurricanes and other disasters.”

“President Trump’s executive orders do nothing to help federal workers do their jobs better. In fact, they do the opposite by depriving workers of their rights to address and resolve workplace issues such as sexual harassment, racial discrimination, retaliation against whistleblowers, improving workplace health and safety, enforcing reasonable accommodations for workers with disabilities, and so much more.”

“These executive orders strip agencies of their right to bargain terms and conditions of employment and replace it with a politically charged scheme to fire employees without due process,” Cox said.

AFGE representatives have used official time in myriad ways that benefit taxpayers, including to:

  • Blow the whistle on management’s attempt to cover up an outbreak of Legionnaires disease that killed and sickened veterans in Pittsburgh;
  • Address an incident in which a noose was placed on the chair of an African-American worker at the U.S. Mint in Philadelphia;
  • Mitigate the impact of Army downsizing on employees and their families;
  • Expedite the processing of benefits to veterans and their survivors; and
  • Successfully negotiate equipping federal correctional officers with pepper spray to keep them safe on the job.

“All federal employees, whether they belong to a union or not, are guaranteed the right to fair representation. Employees who volunteer to serve as union representatives use official time to carry out those representational activities,” Cox said.

“It’s a policy that has saved taxpayers in the long run because it helps resolve isolated conflicts that arise in the workplace before they become costly, agency-wide problems. And contrary to some reports, official time is never used to conduct union-specific business, solicit members, hold internal union meetings, elect union officers, or engage in partisan political activities.”

“By preventing problem solving, these executive orders will create inefficiencies and hinder the ability of dedicated federal employees to effectively deliver services to the American public.”

tim.kauffman@afge.org