Baltimore Sun

In wake of judge’s order, Social Security to restore rights of unions

- By Jeff Barker jebarker@baltsun.com twitter.com/sunjeffbar­ker

“NTEU intends to ensure that the rescisman Andy Reuss said in an email Wednesday.sionofitsa­ctionsisca­rriedoutco­mpletely and expeditiou­sly,” union president Tony number of labor groups joined in the Reardon said in a prepared statement. suit. The lead plaintiffs were the American

While most Social Security workers are Federation of Government Employees, the affiliated with AFGE, NTEU represents National Treasury Employees Union, the about 1,700 employees at the agency’s Office National Federation of Federal Employees of Hearings Operations. and the American Federation of State,

The unions had been complainin­g earlier County and Municipal Employees. this week that Social Security wasn’t reAfter Trump signed the executive orders, sponding to to the judge’s order. As recently AFGEsaid it had to take downunion signs in as Wednesday morning, Social Security had the Social Security offices and place filing said in a statement that it was continuing its cabinets and records in storage. Anumber of “current arrangemen­ts” while it reviewed unions said their representa­tives worked on the judge’s order. personal time to handle union business.

Trump signed the executive orders with In complying with the judge’s decision, the stated goals of promoting accountabi­lity, Social Security “also agreed to work with us rooting out poor performers and negotiatin­g to restore any personal time used or travel union contracts more advantageo­us to taxexpense­s incurred as a result of the agency’s payers and the federal government. imposition of the” executive orders, said

The orders allowed agencies to more Marilyn Zahm, president of the Associatio­n easily fire underperfo­rming employees and of Administra­tive Law Judges, which has limited issues that might be negotiated in more than 1,000 members working at Social collective bargaining. Security offices across the country.

The unions sued in a Washington federal Trump issued another executive order in court, arguing the orders ran contrary to the July giving the heads of agencies, including Federal Service Labor Management RelaSocial Security, the ability to hire administio­ns Act, a 40-year-old law establishi­ng trative law judges. collective bargaining rights for federal workThe judges — nearly 2,000 across various ers. agencies — had previously been hired in a

In striking down key provisions, U.S. competitiv­e system led by the Office of District Judge Ketanji Brown Jackson wrote Personnel Management. that “no such orders can operate to eviscerZah­m said she fears the change will lead ate the right to bargain collective­ly as to hiring based on political considerat­ions envisioned in the [federal law]. In this instead of competence. Court’s view, the challenged provisions of “We still want to try to find a way to the executive orders at issue have that reverse that executive order,” perhaps by cumulative effect.” legislatio­n, she said.

It remains unclear whether the Justice But Trump’s order said the shift provides Department will appeal. agency heads “with additional flexibilit­y to

“Wearedisap­pointed in the ruling andare assess prospectiv­e appointees without the considerin­g the appropriat­e next steps to limitation­s imposed by competitiv­e examiensur­e the President is able to fulfill his nation and competitiv­e service selection constituti­onal duties, run an effective and procedures.” efficient government, and protect taxpayers from waste and abuse,” department spokes-

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 J. Trump in three executive orders on 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 Baltimoreb­ased Social Security Administra­tion to confirm it would comply, as the Justice Department in Washington weighed a possible appeal. Confirmati­on came on 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.”

“We’re back in business,” said Jack Riismandel, executive vice president of an AFGE local that represents many of the more than 11,000 Social Security workers at the Baltimore headquarte­rs. “They’re complying with the order. They’re giving us back our space.”

The National Treasury Employees Union said it, too, was informed in a conference call with Social Security officials that the agency was complying with the court order.

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