NTEU Leads Coalition To Guard Against Future Schedule F

A diverse coalition of labor unions, anticipating future threats to politicize the federal workforce, has joined NTEU in urging the Office of Personnel Management to adopt new regulations that safeguard the merit-based civil service and the Constitutional rights of frontline federal employees.  

In comments filed with OPM today, the 14 unions asked the Biden administration to make final its proposal to protect due process for federal employees. NTEU petitioned for the new rules in December 2022 after the previous administration tried to move large numbers of nonpartisan frontline employees out of the competitive service and into an excepted service category, and eventually replace them with political loyalists. OPM released its proposed rule, based largely on NTEU’s petition, in September.  

“As NTEU explained in its petition, employees in the competitive service acquire certain statutory rights that cannot be taken away by simply moving the employee’s position into the excepted service. That is because competitive service rights are grounded not only in civil service laws, but in the Constitution as well,” according to the comments filed with OPM.  

The labor unions also support OPM’s proposal that certain procedural steps must be followed before any federal positions are converted into essentially at-will jobs. These important steps include reviews by the top agency’s officials and an opportunity for affected employees to respond.    

“Today’s comments are a strong show of solidarity among public sector workers from all walks of life and a clear sign that where there is a threat to the civil service in any workplace, workers and their unions will stand together to fight back,” said NTEU National President Doreen Greenwald. “We are grateful that so many respected labor unions have joined the cause to keep our federal agencies staffed with qualified professionals who are dedicated to serving the American people.”  

“Schedule F, or anything like it, would be a direct threat to democracy by resurrecting the corrupt spoils system of the 19th century and converting the merit-based system into one of political patronage,” Greenwald said. “The American people deserve to have federal agencies staffed with people who got the job based on merit, swear an oath to the Constitution and carry out their duties no matter which political party holds the White House.”  

OPM is accepting comments on the proposed rule until Nov. 17.  

NTEU represents employees in 35 federal agencies and offices. 

Senate Legislation Would Codify Remote Work

Last week, bipartisan legislation was introduced by Senators James Lankford (R-OK) and Krysten Sinema (I-AZ) that seeks to codify the right of federal employees use of remote work into law. This legislation is counter to proposed legislation like the SHOW UP Act in the House. The Telework Reform Act (S. 3015), also codifies the Office of Personnel Management’s definitions on remote and telework. The bill formalizes the requirement that teleworkers commute to their traditional worksite at least twice per pay period in addition to new reporting requirements for agencies.

The bill would require employees take annual training and that employees annually recertify their telework and remote work agreements with the agency based on performance and agency needs. Parts of the legislation are also dedicated to improving reporting from agencies on workplace health in conjunction with the use of workplace flexibilities such as telework and remote work.

Congress Averts Shutdown, Passes 47-day Continuing Resolution

Congress acted with hours to spare to clear a 47-day continuing resolution (CR) that funds the federal government through November 17th. The president signed the CR late Saturday night.

NTEU members united to avert a government shutdown by sending emails and making phone calls to members of Congress. NTEU is pleased that Congress heeded our calls to take action before a shutdown. Federal employees deserve better than the chaos leading up to funding deadlines, the threat of government shutdowns and the financial harm they cause.

However, NTEU is under no illusions that the spending battles are over. This is a stop-gap measure and Congress still must pass appropriations bills to fully fund federal agencies for the remainder of the fiscal year. Although a shutdown was avoided this week, NTEU members must remain engaged in this fight to ensure that agencies are appropriately funded before November 17th to avoid the threat of another shutdown.

Agency Updates Shutdown Contingency Plan for 2023

The EPA just updated the Contingency Plan for a Government Shutdown which provides additional guidance to employees on any potential lapses in funding. EPA will operate on carryover funds through October 7th. If a lapse occurs past this date, most EPA employees will temporarily be furloughed, and you will be notified by the agency. Some employees who work on excepted and exempted activities, including implementation of the Bipartisan Infrastructure Law and the Inflation Reduction Act may be required to continue to work. Similarly, employees that work on “permanent indefinite” appropriations may be required to work, if practicable. Employees working on these funds may continue to work as the funds are not subject to the annual appropriations, but rather are collected and spent as “maintenance” fees, such as those paid by pesticide registrants. Employees that are required to work throughout a shutdown will be notified by their senior leadership of their work status. Based on the agency’s contingency plan, roughly 12% of staff may continue to work. For more information, click on the agency’s plan below.

Potential Government Shutdown

Once again, a government shutdown is looming. We understand this is a stressful time for all of our members. Shutdowns have serious consequences for federal employees and their families.

 

The House and the Senate have yet to agree on a path forward that would fund the government beyond Saturday (September 30th). The Senate is considering a continuing resolution (CR) to fund the government through November 17th, but House Speaker McCarthy has not agreed to move it in the House.

 

The House is working through a few individual appropriations bills that contain deep cuts and would not be considered in the Senate. McCarthy indicated that he may introduce a different CR containing controversial provisions that would not pass the Senate.

 

In short, three days before the government experiences a lapse in appropriations Congress remains unable to find agreement that would keep the government open and functioning.

 

For the latest information on budget issues, including the status of a Continuing Resolution (CR) please check the NTEU national website at www.nteu.org. The agency will provide updates about any lapses in funding at https://www.epa.gov/lapse and has already announced that the agency has sufficient carryover funds to remain open through October 7th.

2024 FEHBP Rates Announced

Open season for federal employees to re-enroll or change their health insurance for next year starts November 13 and goes through December 11. Federal employees and retirees can expect to pay 7.7 percent more for health insurance next year.  Because the increase is an average, exact increases will depend on the type of plan enrollees choose. According to OPM, this is comparable with the increases in plans at other large employers for 2024 and is mainly driven by the rising cost and utilization of prescription drugs, emergency care, and outpatient care. In addition, there are enhanced benefit offerings for FEHBP enrollees in the areas of fertility, coordination with Medicare, pharmacy benefit design, gender affirming care, maternal health, obesity prevention and treatment, mental health and substance abuse, telehealth and antibiotic stewardship.

Please note that next year, Humana will no longer be participating in FEHB. If someone is currently enrolled in a Humana program, they must select a new plan during open season. If they do not select a new plan, they will be automatically enrolled in the lowest-cost nationwide plan for 2024.

With 159 plan options, enrollees in every area of the country have multiple choices with varying coverage options and pricing levels, which is why federal employees are encouraged to use the upcoming open season as an opportunity to comparison shop. OPM offers comparison charts at www.opm.gov that can help employees choose a plan.  In addition, during the open season, NTEU members will again have access to Consumers’ Checkbook’s Online Guide to Health Plans for Federal Employees and Annuitants.

OPM also announced this week that average premium increases for dental and vision plans will be 1.4 percent and 1.1 percent, respectively. Eligible federal employees who want to set aside pre-tax dollars in flexible spending accounts (FSAs) for their dependent care and health care costs must enroll in FSAFEDS. Enrollees may carry over up to $610 of unused funds remaining in their health care flexible spending accounts and limited expense FSAs at the end of 2023 into 2024, if they re-enroll.

Civil Service Reform Act Anniversary

This year marks the 45th anniversary of the Civil Service Reform Act (CSRA). On October 13, 1978, the CSRA changed government employment in creating three new agencies: the Office of Personnel Management (OPM), Merit Systems Protection Board (MSPB), and the Federal Labor Relations Authority (FLRA). The legislation empowered government unions to not only organize and bargain, but also have fora where employer violations can be resolved. Previously, the right to organize in the federal government was granted in 1912 and enhanced by executive orders issued by Presidents Kennedy and Nixon.

While the statute (5 U.S.C. 701, et seq.) created new agencies and new functions, the most significant act created by the statute for unions was the ULP or Unfair Labor Practice. ULPs suddenly protected employees from retaliation, protected unions from management refusing to collectively bargain, and provided an administrative process to litigate violations at a fraction of the cost of a private attorney.

Another important concept in the CSRA is the idea of “industrial democracy”. This means that employees should have a say in workplace changes. NTEU is in regular communication with management to ensure the employee’s voice is heard. Currently EPA is reorganizing several offices and as part of these reorganizations, NTEU provides meaningful input into these actions 

Finally, there is the idea of management conducting an investigatory interview with an employee. While we call these “Weingarten Rights” they are codified in the CSRA and provide an employee with the right to call off a meeting until the union can be present when management is probing your conduct or searching for information. NTEU National offers information on what defines an “investigatory interview” on its website and through other resources available to members.

NTEU remembers and honors the victims of the September 11 attacks and their families, along with the first responders and federal employees who helped in the aftermath.

President Biden Again Calls for 5.2% Pay Hike for Federal Employees in 2024

Last week, President Biden announced his official proposal for an average 5.2% pay increase for 2024, which would give federal employees their largest pay raise in 43 years.

 

The president’s plan would help close the pay gap between federal employees and their private sector counterparts, which stands at 24.09% according to the Federal Salary Council.

 

Congress has been silent so far on a federal pay raise in annual appropriations bills, deferring to the president’s proposal.

 

Under the president’s alternative pay plan, the 5.2% increase federal employees would receive consists of a 4.7% across-the-board increase with 0.5% devoted to locality pay.

Reminder: Summer Membership Campaign Deadline is September 9, 2023

The deadline for NTEU’s Summer Membership Campaign for 2023 is quickly approaching. Membership forms that are processed by September 9, 2023, will result in a $100 rebate check for the new member and a $50 check for their recruiter, if applicable. NTEU has achieved some significant victories over our 85 years because of our strong membership. Telework, remote work, flexible work schedules, and paid parental leave are a few successes that NTEU has championed to transform government employment for our bargaining unit employees. Every day NTEU performs critically important work, on multiple fronts, for those we represent and we need every bargaining unit employee to support these efforts. We continue to make sure agency management prioritizes the health and safety of our members, and that we are positioned to make new gains in Congress and at bargaining tables.

OPM Issues Guidance on Pay and Travel for Teleworkers and Remote Workers

This week, the Office of Personnel Management issued new guidance to federal agencies and employees on how to determine eligibility to be compensated for their time when commuting to traditional work sites, based on rules under Title 5 and/or the Fair Labor Standards Act (FSLA).

In short, when a teleworker or remote worker receives advance notification that they must report to the traditional work site, then the time spent traveling is considered commuting time and is unpaid. However, if a teleworker or remote worker starts their day at an alternative work site but is required to commute to the traditional work site later in the work day, then the time spent traveling in to the office is considered paid time but travel home would be considered unpaid commuting time. An additional consideration for remote workers is whether or not they live in the local commuting area (50-mile radius from traditional work site) as well as if the position is covered or exempt from FSLA. Employees covered by FSLA and that live outside the local commuting area should be compensated for their travel time.

 For more information, click on the image below to read the memo from OPM.

Webinar: All About Medicare and FEHB

Join Medicare Specialist Nicole Sherwood from United Benefits on Tuesday, August 15 at 11 am, 2 pm, or 4 pm EST for a webinar on Medicare and FEHB. Topics covered are designed to help participants gain a better understanding of Medicare’s basics and retirement decisions, how to coordinate their FEHB and Medicare coverage in addition to providing insights on how to maximize healthcare benefits with Medicare Advantage. Register for the webinar to attend.

TSP Investment Options and Fund Performance

The Thrift Savings Plan (TSP) is one part of the three parts of your FERS retirement package, along with your FERS basic annuity and Social Security. The TSP is a retirement savings plan for civilian federal government employees. The TSP is defined as a contribution style retirement savings plan with tax advantages. The TSP is managed by an independent federal agency, the Federal Retirement Thrift Investment Board. The Board consists of five members who serve in a part-time capacity. They are nominated by the President and confirmed by the Senate. The TSP offers federal civilian employees the same type of savings and tax benefits that many private corporations offer their employees under 401(k) plans. As your employer, the EPA makes an automatic 1% of salary contribution, even if you do not contribute. The EPA matches your contributions dollar for dollar for the first 3% and fifty cents for each dollar for the next 2%. Click on the image below for more information.

Ask JAN! Pregnant Workers Fairness Act (PWFA)

Read the July 2023 edition of the JAN Newsletter as it features information about pregnancy and job accommodations and highlights a new federal law, the Pregnant Workers Fairness Act (PWFA). The PWFA requires covered employers to make reasonable accommodations for qualified applicants and employees unless they cause an undue hardship. It extends reasonable accommodation rights to workers with known limitations related to pregnancy, childbirth, or related medical conditions. The law also establishes clearer guidelines and accommodation obligations for employers. This helps ensure that workers are not treated unfairly or forced out of work due to pregnancy, childbirth, or related medical conditions.

HSA Contribution Limits to Increase in 2024

The contribution limits to health savings accounts (HSA) will increase in 2024, according to a recent announcement from the IRS. This change will allow FEHB enrollees with health savings accounts to set aside more money on a pre-tax basis for qualified medical expenses.

For self-only enrollments, the limit is raised from $3,850 in2023 to $4,150 in 2024. For those with self-plus-one or family coverage, the contribution limit goes from $7,750 to $8,300. Participants 55 and older can continue to contribute an extra $1,000 to their HSAs.

If you have a high-deductible health care plan, you are eligible for an HSA, allowing you to make tax-free contributions that will earn tax-free interest and can be used to pay for qualified healthcare expenses tax-free. Your HSA stays with you regardless of any plan changes you make.

High-deductible health plans may save you money if you are generally healthy, without dependent children and can fully fund your health savings account. A higher deductible means you are responsible for a greater amount of your initial health care costs, but you pay lower monthly premiums.

NTEU will have more information for members about high-deductible health plans and whether they may be right for you closer to the start of federal benefits open season this fall. NTEU members also get free access to the interactive Consumers’ Checkbook’s online guide to Health Plans for Federal Employees and Annuitants.

NTEU Petitions for Protections Against Prohibited Personnel Practices at EPA

NTEU has filed a petition with EPA asking it to issue regulations that would expand protections against prohibited personnel practices to more employees.

Prohibited personnel practices include personnel actions motivated by discrimination, reprisal, political coercion, improper influence, or obstruction of rights. Competitive service employees and many excepted service employees are protected by statute against such wrongful practices. Some excepted service employees, however, are not protected. Employees covered by a possible future Schedule F Executive Order would not have such protections. NTEU’s petition asks EPA to protect such employees by promulgating new regulations.

This is part of NTEU’s multi-front effort to address the many potential harms that a future Schedule F Executive Order would cause. We will press EPA to do the right thing and grant this petition to protect employees.

Juneteenth Freedom Day

Juneteenth National Independence Day is today, Monday, June 19. NTEU will join the nation in celebrating this important holiday marking the end of slavery for more than 250,000 African Americans in the state of Texas.

EPA Alumni Discussion: PFAS or Forever Chemicals

You are invited to watch a panel of distinguished EPA alumni discuss the environmental and health risks posed by PFAS (also known as "Forever Chemicals"), the efforts to control those risks, and the impacts of those efforts on regulated entities on Tuesday June 20th at 4 pm EST. Please register for the discussion.

 Robert Sussman, Moderator

Bob Sussman is the principal in Sussman and Associates, a law and consulting firm that offers advice and support on energy and environmental policy issues to clients in the non-profit and private sectors. Bob serves as counsel to Safer Chemicals Healthy Families, a coalition of non-profit environmental and public health groups. He was deeply involved in the recent bi-partisan overhaul of the Toxic Substances Control (TSCA) and is now immersed in implementation of the new law. 

Bob was Co-Chair of the Obama Transition Team for EPA and then Senior Policy Counsel to the EPA Administrator from 2009-2013. Bob served in the Clinton Administration as the EPA Deputy Administrator during 1993-94. He has been an Adjunct Professor at the Georgetown University Law Center, a Guest Lecturer at the Yale School of Forestry and Environmental Studies and a Visiting lecturer at Yale Law School.

 Alexandra Dunn, Panelist

Alexandra (Alex) Dunn is a Partner in the Environmental, Safety, and Incident Response group at the international law firm of Baker Botts with 28 plus years of practice at the local, state, and federal levels of government.

 From 2019-2021, with unanimous consent confirmation by the U.S. Senate, Alex served as Assistant Administrator for the U.S. Environmental Protection Agency's Office of Chemical Safety and Pollution Prevention. Prior, she was EPA Administrator for New England from 2018-2019, where she focused on watersheds, enforcement, and environmental justice. 

 Previously, Alex served as Executive Director and General Counsel of the Environmental Council of the States (ECOS), the non-partisan association of U.S. state and territorial environmental commissioners. She held other dynamic positions in her career, including Executive Director and General Counsel of the Association of Clean Water Agencies (ACWA); Dean of Environmental Law Programs at the Elisabeth Haub School of Law at Pace University; General Counsel of the National Association of Clean Water Agencies; and Counsel at the American Chemistry Council. Alex is currently an adjunct professor of environmental justice at the law schools of both Catholic University and George Washington University.

 G. Tracy Mehan, III, Panelist

G. Tracy Mehan, III is Executive Director, Government Affairs, for the American Water Works Association (AWWA). He was an independent consultant and served as Interim President of the U.S. Water Alliance and national Source Water Protection Coordinator for the U.S. Endowment for Forestry and Communities. He is also an Adjunct Professor at the Antonin Scalia Law School at George Mason University and Carnegie Mellon University’s Heinz College. He was Principal with The Cadmus Group, Inc., an environmental consulting firm, from 2004 to 2014. Mehan served as Assistant Administrator for Water at the U.S. Environmental Protection Agency from 2001-2003. He served as Environmental Stewardship Counselor to the 2004 G-8 Summit Planning Organization (2004). Mehan also served as director of the Michigan Office of the Great Lakes (1993-2001) and as Associate Deputy Administrator of EPA in 1992. He was director of the Missouri Department of Natural Resources from 1989 to 1992. Mehan is a graduate of Saint Louis University and its School of Law. Mehan served on the Water Science and Technology Board and now the Committee on the Mississippi River and the Clean Water Act for the National Research Council of the National Academies. He was also an independent expert judge for the City Water Conservation Achievement Award program (2006 & 2011) sponsored by The U.S. Conference of Mayors and its Urban Water Council. Mehan is a member of the Environmental Law Institute (ELI) and a regular book reviewer for ELI’s flagship publication, The Environmental Forum. Mehan served on EPA’s Environmental Financial Advisory Board (2014-2018) as well as the boards of the U.S. Water Alliance and the Great Lakes Observing System. He is also a member of the Advisory Board of the Center for Environmental Policy, School of Public Affairs, American University and a past member of the board of the Potomac Conservancy (2006-2014).

 Dr. Elizabeth Southerland, Panelist

Elizabeth Southerland received a PhD in environmental science and engineering from Virginia Tech in 1982. She worked in state and local government before joining the USEPA in1984. She was a senior scientist and manager in the Superfund and Water programs before retiring in 2017 as director of the Office of Science and Technology in the Office of Water. She received the President’s Distinguished Executive award for her career accomplishments at the USEPA. Since retirement, she has been a member of the Environmental Protection Network, testifying before Congress on environmental issues and providing technical assistance to communities.