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Update October
17th, 2004
Well between campaign work, convention and
John occasionally publishing this update earlier in the week you haven’t
heard from me for a while. So I’ll try and get right back into the
swing of things while pretending I haven’t been AWOL. Remarkably the
introduction of historical quotes in these updates have met with
positive reviews from those who choose to comment on those things (and I
thought I needed to get a life … just kidding) so this week I’ll focus
on one of my favorite individuals; Winston Churchill. It may also be
particularly apropos with the upcoming election given that some like to
promote the idea of a similarities between our current President and Mr.
Churchill.
It
is a good thing for an uneducated man to read books of quotations. - Sir
Winston Leonard Spencer Churchill
I’ve
attached a couple of articles of interest but first I hope you’ll allow
me a few comments concerning the upcoming presidential election. I’ve
spoken with many people who have already made up their minds but I have
also talked to a surprising number of folks who are just slightly
leaning one way or the other or are in the throws of indecision. If
you’re in the latter groups the following information may provide
service to you as a possible tie breaker.
There are a lot of lies going around.... and half of them are true. -
Winston Churchill
For the
folks in Missouri and Iowa especially, and to a lesser extent Kansas and
Nebraska, we are in store for the treat of more political commercials
from the campaigns and their associated interest groups. You can rest
assured that the content of these ugly attack ads will at best contain
minor truths that are skewed and out of context. At worst the
information provided will be blatant lies. The idea of course is to
slam the opponent with a negative smear in the hopes it will turn you
against a candidate or at least disillusion you to the extent of
skipping the voting process altogether. Unfortunately that’s just the
way our unique form of democracy stumbles along in this country nowadays
and if you think it’s been bad in these last few months, just wait, it
will get worse.
In
wartime, truth is so precious that she should always be attended by a
bodyguard of lies. - Sir Winston Leonard Spencer Churchill
So how
do you cut through the spin? I’d highly recommend
www.factcheck.org (don’t use the .com address
that Dick Cheney used in the VP debate, that links you to a Soros
foundations sight that is definitely no friend of the administration …
oops).
WWW.factcheck.org is a nonpartisan sight that
does just what it implies, it fact checks statements and claims made in
the media, ads and debates concerning the presidential election. It
will tell you in an unbiased way (backed up with the real data) what the
truth is. The site is wonderfully even in trouncing Kerry’s and Bush’s
claims and I consider it a must for cutting through the mounds of BS we
are all getting fed to us on a daily basis.
No
folly is more costly than the folly of intolerant idealism. - Sir
Winston Leonard Spencer Churchill
Now on
to the actions of this administration concerning federal agencies and
employees in general and the FAA and air traffic personnel
specifically. We are seeing the results of the application of
administration ideology in our workplace. This philosophy holds that
any service performed by the federal government is inherently bad
because no company or corporation is making a profit off it (with few
exceptions that don’t include air traffic) and the same services
provided a private company is inherently good (regardless of public
interest or safety concerns, the marketplace will supposedly act as a
watchdog for this and cost savings are presumed solely by virtue of the
service being provided by a private entity). Countless people have
asked me just how in the world they could even consider the safest yet
most complex and efficient air traffic operation in the world as
deficient and throw it to the lowest bidder? Well the answer, I regret
to say, is that irrespective of our success we don’t fit into their
definition of a good operation (private). And the interests of the
general public or the economy for that matter are not believed to be
relevant or overriding enough to provide an exception from the
ideology. We have seen this in covert and overt actions from the
stripping of “inherently governmental” status from Air Traffic Control
to the re-designation as a commercial activity. The bitter fight to
exempt FAA air traffic from privatization being bitterly opposed by the
FAA Administrator and the White House even when it was overwhelmingly
supported by the house and the senate. Back door dealings in a
conference committee that was closed to moderate Republicans and all
Democrats outrageously violated their own rules by stripping unified
language out and replaced it with language authorizing privatization of
69 towers. We got a consolation win after an historic recommitting of
the bill back to congress which removed all language and finally a
letter granting a one year “stay of execution” from the FAA
Administrator (that expires in a few weeks).
A
fanatic is one who can't change his mind and won't change the subject. -
Sir Winston Leonard Spencer Churchill
The
ideological goal for cost containment (also exacerbated by the lack of
funds from deficit spending) is to “starve” agencies with across the
board budget cuts with no particular acknowledgement of relative need.
We have seen the results of this with cuts of 50% or greater in
modernization and equipment budgets. The controller staffing and
retirement issue, which the agency occasionally admits exists in the
midst of all their denials in the face of GAO, CBO and independent
reports to the contrary has resulted in shortages in numerous facilities
throughout the country. And how many new controllers is the agency
requesting funding for? Zero, the big goose egg. It makes you wonder
how in the heck they can maintain safety and integrity of the system.
Maybe they have some juicy plan to spin off air traffic to some bigger
campaign contributors. Needless to say NATCA and others see no rhyme or
reason to it.
Everyone has his day and some days last longer than others. - Sir
Winston Leonard Spencer Churchill
And the
attacks on labor in general are too numerous to mention them all. Some
of the highlights being the near random declaration of entire groups of
employees as involved with national security and therefore too risky a
proposition to have represented by Unions. The Agency has felt free to
disregard our contracts, stonewall on contracts of our new bargaining
units and send resolutions to Congress rather than attempt any real
bargaining. And what do we have to fall back on? An FLRA that has been
stacked with ideologues who feel free to rewrite precedent of the last
40+ years. Oh yeah and you might want to consider the new overtime
regulations and their potential impact on you.
So
whatever your political leanings (mine by the way have been Republican
for all of my voting life) make sure you consider individuals and their
record or potential impact. I have always felt that only a fool would
vote a straight party ticket regardless of the party. And just as I am
assisting campaigns both Democrat and Republican, my actions in the
voting booth will reflect support or opposition to candidates based on
individual merit. So please take the time to cut through all the spin
and venomous rhetoric of the campaigns and educate yourselves and most
important of all VOTE! Just as how you vote in my mind will give you
(or deny you) “bitching” rights to potential events in the next few
years, not voting removes you from any legitimate complaints. Our
system isn’t perfect but it’s the best thing going.
Many
forms of Government have been tried, and will be tried in this world of
sin and woe. No one pretends that democracy is perfect or all-wise.
Indeed, it has been said that democracy is the 'worst' form of
Government except all those others that have been tried from time to
time. - Sir Winston Leonard Spencer Churchill
Have a
great week and feel free to call or drop a line if you have any
questions.
Grant
Anderson
ganderson@natca.org
mailbox
50501
cell
417.894.6887
Here
are two articles you might find of interest.
From
Fedweek October 12, 2004
Overtime Rules Under Review
Office
of Personnel Management officials say that OPM is reviewing rules issued
by the Labor Department that took effect in August changing certain
overtime policies in the private sector. Overtime policy in the federal
government is set according to separate rules published by OPM; the
Labor rules do not have a direct effect on federal employees apart from
some quasi-corporate agencies. However, OPM officials say they are
looking at the Labor rules to determine whether adjustments in the OPM
rules are needed. Any changes would be subject to the notice and comment
procedures for revising regulations. Efforts are being made in Congress
to repeal the Labor rules, although the Bush administration is working
to keep them on the books.
Government Executive:
Compromise on job competition protests gets mixed review
By
Amelia Gruber
agruber@govexec.com
A
legislative compromise broadening federal employees' rights to appeal
job competition decisions is getting a lukewarm reception.
The
compromise, reached late last week during House-Senate negotiations over
the fiscal 2005 Defense authorization bill, grants "agency tender
officials," the formal representatives of in-house teams, legal standing
to challenge public-private job competition results at the Government
Accountability Office. Under the conference agreement, the agency
officials could initiate GAO protests on their own, or at the request of
a majority of employees involved in the competition.
Proponents said Tuesday that the compromise language grants federal
employees equitable appeal rights and at the same time safeguards
against frivolous protests. The Office of Management and Budget's May
2003 revision to Circular A-76, the competitive sourcing rule book,
allows in-house team officials to challenge job competitions at the
agency level, but remains silent on outside appeals.
"We
can't overstate that this protest right on behalf of federal employees
is a huge step forward," said David Marin, a spokesman for Rep. Tom
Davis, R-Va. "No such right has ever been recognized by the courts or
GAO."
But
critics decried the measure as a watered-down and ineffective version of
appeals rights language sponsored by Sen. Susan Collins, R-Maine, and
passed
in June as an amendment
to the Senate version of the Defense authorization bill. Collins'
provision would have amended the 1984 Competition in Contracting Act to
allow either the agency tender official or a separate official elected
by in-house team members to file appeals at GAO.
The
option for elected in-house representatives to file protests is critical
because agency tender officials can't necessarily be trusted to act in
the federal employee team's best interest, union officials said. Dan
Duefrene, head of the National Federation of Federal Employees, said he
is "extremely disappointed" with the compromise language because
decisions to file protests remain primarily under management's control.
"Senior
managers are charged with carrying out the agenda of the sitting
president," said John Gage, president of the American Federation of
Government Employees. "When it comes to [the] Bush administration's
privatization agenda, senior managers do not have the incentive, do not
have the autonomy and do not have the resources to adequately represent
the interests of federal employees."
But
Stan Soloway, president of the Professional Services Council, an
Arlington, Va.-based contractors association, noted that the compromise
requires agency tender officials to appeal A-76 decisions to GAO at the
request of in-house team employees unless there's no "reasonable basis"
for such an appeal. When tender officials decide to act against the
request of the majority of in-house employees, the officials must
explain themselves to congressional oversight committees.
Agency
tender officials have an "ethical and legal responsibility" to file
protests when they believe in-house team members have a valid complaint,
Soloway said. He added that he supports the right of the tender official
to file an appeal at GAO, as long as the challenge involves allegations
of procedural errors substantial enough to potentially alter the outcome
of the competition.
"There's more oversight in Congress on A-76 competitions than any other
procurement I've ever seen," Soloway said.
"The
congressional notification requirement will raise the visibility of
every case that is not pursued," Marin said. "Given the intense interest
in competitive sourcing in Congress, I don't see how there will be
anything other than persistent scrutiny."
But
John Threlkeld, a lobbyist for AFGE, said that the union has "brought
numerous instances of contracting injustices" to the attention of the
House Government Reform and Armed Services committees, to no avail. He
cited an EEOC decision to contract out a national customer service
center without first offering the work to federal employees as one
example.
"Based
on their own records, asking the chairs of those two committees to act
as impartial checks on agency tender officials is futile," Threlkeld
said. "We'd have more luck petitioning the contractors."
Angela
Styles, former head of OMB's Office of Federal Procurement Policy,
called the appeals rights compromise a "step in the right direction,"
but said that agency tender officials may lack incentives to file
protests at GAO. "Maybe there will be some out there who feel an
obligation," she said.
But to
file an appeal, tender officials would need financial backing and legal
support from the agency's general counsel, Styles noted. General
counsels may be reluctant to provide that support because they would in
effect be suing their own agency, she said.
The
conference committee compromise also leaves in-house teams without any
legal means of challenging tender officials' decisions to reject
requests for GAO protests, Styles said. If Congress is the only body
overseeing tender officials, complaints from in-house team members might
get "lost in the mix," she said.
Collins, the author of the original protest rights language, said she
believes the compromise "is good for federal employees because it now
gives them the power to force a protest about outsourcing decisions, and
it allows employee representatives to argue their case before GAO." She
pledged to "monitor closely the effectiveness of this provision and
continue with efforts to ensure that federal employees are able to
compete for projects with confidence that they will have a chance to
have a neutral third party review of adverse agency decisions."
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