Transcript Lobbying, Politics and Legislative Issues

Legislative Issues
NFFE - Forest Service Council
The Legislative Process
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Congress influences our jobs, our mission, and
our budget (among many other things).
Out of the goodness of their hearts, neither
Congress or management will look out for us or
our jobs!
The Union (that means you!) must be active to
effectively represent your members.
Legislative advocacy leads to recruitment of
members.
Communicating with Congress
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Employees, as citizens, have a Constitutional right
to communicate with Congress - but not on govt
time or using govt equipment.
The FSC has negotiated limited rights for Union
Officials to communicate with Congress on
official time and with govt equipment – know
what these rights are!
This is not an open invitation to use govt
equipment to encourage members to contact
Congress – know what the limits are!
Official Time & Govt Equipment
Article 5.5(a)(9) – Authorizes official time for
contacting Congress on legislation which may affect
employees’ working conditions.
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Article 5.5(d)(1) – Official time is limited to members
of the FSC Executive Board or their designees
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Article 7.2(b) – Union officials are authorized to use
communications systems for representational duties
as defined by Article 5.5(a)
Summary: Only Executive Board members or their
designees may communicate with Congress on
official time using government equipment.
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Official Time & Govt Equipment
One more thing…
The use of official time is not negotiable at
subordinate levels, but use of government
equipment to communicate with Congress
can be negotiated at the Local or
intermediate (region, Research, CCC, WO
& Detached) level, per Article 7.2.(c)(2).
Prohibition on Lobbying
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The “lobbying” prohibited in appropriations
legislation is defined as attempting to influence
others to contact Congress:
“No part of any appropriation contained in this Act
shall be available for any activity or the publication or
distribution of literature that in any way tends to
promote public support or opposition to any
legislative proposal…”
This does not apply to direct communications between
union officials and Congress, per negotiated agreements.
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Prohibition on Lobbying, cont.
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The legislative intent is to prevent administration
officials (not union officials) from influencing
Congress – but:
Who wants to be a test case?
 So… never use govt. email to encourage others to
write letters, make phone calls, fax letters, send emails, etc. to Congressional representatives
 Each Local should maintain a home email list and/or
phone tree.
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Another Anti-Lobbying Statute
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18 USC 1913: “no part of the money appropriated by any
enactment of Congress shall . . .be used directly or
indirectly to pay for any[thing]… intended or designed to
influence in any manner a Member of Congress to favor
or oppose . . . any legislation…”
This is what we do. We can do it because 5 USC 7102
gives unions the right to communicate with Congress on
representational matters, and 5 USC 7131(d) gives us the
right to negotiate on use of official time to do so. Wonks
among you may consult 47 FLRA 1118 (www.flra.gov).
The Hatch Act
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The Hatch Act has nothing to do with communicating
with Congress. It covers involvement in partisan political
activities. For example, a federal employee cannot:
 Run for partisan political office
 Engage in political activity in the workplace (including
forwarding emails or displaying material of a partisan
political nature)
 See http://www.osc.gov/hatchact.htm for what is
permitted and what is not.
 See 5 CFR 733 for very limited exceptions.
The Hatch Act, cont.
Legislative advocacy is not covered. The Act covers
electoral politics. But the lines can be grey. If an issue
is closely associated with a particular party, public
displays on that issue during campaign season may
cross the line.
 Violations are serious. The default penalty is
termination; the minimum is a 30-day suspension.
 If unsure, contact OSC for guidance. Even if you act
in good faith on advice from management, you are
responsible and will pay the cost for any violation.
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What can Local officials do?
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On official time, and travel, and using
government equipment:
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Act as the designee of an FSC Executive Board
member to contact Congress on specific issues.
On your own time and equipment:
Write letters, make phone calls, fax letters, send emails to Congressional representatives.
 Encourage others to write letters, make phone calls,
fax letters, send e-mails, etc. to Congressional
representatives.
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Legislative Week
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Article 5.5(d)(2) – Up to 320 hours of official time (and
associated travel costs) may be used for the annual
Union-sponsored congressional contact meeting.
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Legislative Week is held in May each year. Locals may
nominate any member to attend.
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This is a good opportunity for rank & file members to
get involved.
FSC Legislative Program
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FSC Legislative Committee researches issues and
develops position papers.
Legislative Conference in D.C. each May provides for a
week of direct advocacy on legislation important to the
Union. We meet with elected Congressional
representatives and staff and with Agency, Department,
and Administration leadership.
Congressional contacts by FSC Executive Board (or
their designees) continues throughout the year on issues
that affect BUEs in the Forest Service.
What issues do we take to Congress?
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The Council focuses on FS issues for which we have
the expertise and contacts to be effective:
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Civilian Conservation Corps issues
Competitive Sourcing in the Forest Service
Firefighter liability insurance
Forest Service budget
Firefighter classification (401 vs. 462 vs. other)
FLAME Act
Temporary hiring abuse
What issues do we take to Congress?
For issues of government-wide scope, we need
more clout and different connections. NFFE
National takes the lead on these:
National Security Personnel System (NSPS)
 Social Security reform
 Retirement and healthcare benefits
 Pay
The Council works closely with the National to support
these government-wide initiatives.
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Budget Issues
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Why monitor the budget if the Statute prohibits
negotiating on the budget with management?
Because it directly affects us.
 Management may get it wrong.
 We can add our voice to Management’s when they
get it right.
 We can advocate for changes in the budget.
 For Forest Service CCC, budget problems with
DOL are affecting our BUEs.
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Where will “attacks” focus?
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Forest Service budget?
Downsizing and loss of jobs?
The Govt.’s share of health care costs for federal
employees?
Federal employee retirement benefits?
Take your pick…
Only the Union will present your side of the
story, fighting for the FS and employees.
CCC issues
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Involves a totally different set of Congressional
players than “regular” Forest Service legislative
work.
DOL appropriations, not Interior.
Issues are often shared by management.
This was the President’s Competitive
Sourcing Management Agenda
The Union’s Response To The
Competitive Sourcing Threat
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In 2005, over 20,000 FS jobs were slated for
outsourcing studies
We distributed briefing papers to Congress and
press releases to the media:
We focused on true costs vs. “projected” savings
 We emphasized lost capacity, especially in fire
 We got the GAO to perform an audit of the FS
 We backed everything up with solid documentation
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What did we get?
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With the political pressure from the Whitehouse
offset by the critical eyes of Congress, the GAO,
and the media, competitive sourcing was slowed
to a crawl
Competitive sourcing was shut down in the FS
by a bill signed on December 26, 2007
This was not a late Christmas present. It came
from years of hard work.
Success!
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“None of the funds made available by this or any
other Act may be used in fiscal year 2008 for
competitive sourcing studies and any related
activities involving Forest Service personnel.”
– Public Law 110-161
With our continued advocacy, this provision was
re-enacted for FY 2009 and was recently passed
by the House and Senate for FY 2010
Fire and Liability
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Liability Insurance
Supervisors and Law Enforcement officers had long
had half of their personal liability insurance paid for
by the Agency.
 Many employees who are not supervisors in their
“day jobs” serve as “fire managers” in their fire
capacity were ineligible for this benefit.
 We worked to provide this benefit to a broad range
of employees who serve as fire managers and as a
result have liability concerns
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Success!
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Liability Insurance - Covered personnel now
include employees performing these duties:
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“(A) temporary supervision or management of
personnel engaged in wildland or managed fire
activities; (B) providing analysis or information that
affects a decision by a supervisor or manager about a
wildland or managed fire; or (C) directing the
deployment of equipment for a wildland or managed
fire.” - Public Law 110-161
Temporary Hiring Abuse
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1994 temporary hiring reform stated as a goal
that “temporary employees should serve no
more than 2 years without benefits.”
Records show that of the 9,513 temporary
employees on the FS roles on 6/10/09:
2,734 had 2 or more years of service
 1,022 had 5 or more years of service
 361 had 10 or more years of service
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Temporary Hiring Survey Results
Number of
No. with No
Year
Responses
Health Care
% No H.C.
2009
978
615
63%
2008
927
582
63%
2007
828
537
65%
2006
830
540
65%
2005
778
508
65%
2004
786
517
66%
2003
759
494
65%
2002
717
464
65%
2001
677
461
68%
2000
672
464
69%
Temp Hiring Abuse, cont.
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2010 Legislative priority:
Stop the abuse of the 1039 hiring authority
 Convert long-term temps to permanent status
 Provide mechanism to credit service time as a temp
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This will be a long, hard battle. The economy is
in bad shape and the fed budget in the red. But
it is a matter of justice: the govt. should not treat
its employees worse than Wal-Mart does!
Temp Hiring Abuse, cont.
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¾ of respondents were not union members, but:
HRM Centralization
Promises Made
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Improved Service
Reduced Costs
One stop Shopping
More money to the field
Cost of HR Service – The cost savings identified in the
business case and the original project proposal are yet to
be realized.
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Prior to Centralization
$ 61.4 M
$ 05.3 M
$ 12.0 M
$ 78.7 M
Current State
$ 63.5 M Personnel Costs
$ 04.7 M Facilities Costs
$ 25.0 M Technology Costs
$ 93.2 M TOTAL
Help Needed – in the Field!
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In spring of 2009, FSC President Ron Thatcher
testified before Congress about the FS morale problem,
focusing over-centralization. We are working to get
support back to the field and reduce “burden shift” to
get employees back to the jobs they were hired to do.
It’s time for some straight talk
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Only a handful of union officials pulled these successes
off. Our Locals are in general not engaged.
For example, we recently asked Locals to push a
Washington Post story on temporary hiring abuse into
their local media and report back. The response: zero.
Congressional reps pay attention to their hometown
papers. Imagine how much this agenda would be
advanced if this story had been picked up all over.
We need a Local infrastructure to take our effectiveness
to the next level.
“Ask not what your country can do
for you - ask what you can do for
your country.”
- John F. Kennedy, January 20th 1961
With this kind of ethic, working together, we can move
mountains.
What can Local officials do?
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On official time, and travel, and using
government equipment:
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Act as the designee of an FSC Executive Board
member to contact Congress on specific issues – but
get the designation in writing first!
On your own time and equipment:
Write letters, make phone calls, fax letters, send emails to Congressional representatives.
 Encourage others to do the same.
 Take Council issues to your local media.
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What do Locals need to do?
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Appoint a Legislative Liaison, duties to include:
Provides a responsive POC for the Council
 Provides Council info to staff in district offices of
your Congressional representative
 Forwards Council press releases to local media.
 Supports Council issues with local stories, e.g., the
personal story of a local long-term temp.
 Develops and maintains a Local home email and/or
phone tree, and utilizes it for rapid responses to
breaking issues and/or legislative opportunities
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Who’s speaking?
In speaking to Congress or to the Press, be clear
about who you are speaking for. If you identify
yourself as a FS employee, indicate you are not
speaking on behalf of the FS. Always id yourself as:
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A private citizen
A representative of your NFFE Local (give Local number)
A representative of the NFFE Forest Service Council (but
only if you have received authorization from the Council
President or Legislative Committee Chair)
Do not speak as a representative of NFFE unless you
have received authorization from the NFFE Nat’l Office
You may pass on Council or Nat’l info as a Local Official
Political action isn’t just for Union
officials!
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While Union Officials may have legal and
contract rights to present the views of the Union
to Congress, all federal employees are able to
contact their Congressional representatives.
But remember, employees must always do so on
their own “time and dime,” and they must do so
as citizens - never appearing to represent their
agency.
Tips for contacting Congress
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Elected representatives are much more likely to listen
to someone from their district. (This is why we ALL
need to be politically active.)
If you are contacting them about a specific piece of
legislation, identify it.
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House bills are H.R.____;
Senate bills are designated as S.____.
Be able to state your purpose or concern succinctly.
Include specific and factual information about how
the legislation will affect you, your bargaining unit, your
community, your Center.
Focus on one issue at a time.
Indicate the response that you expect from him or her.
Tips for contacting Congress
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Personal visits and phone calls should be
followed up by written correspondence and
documentation related to your concern.
When you visit, don’t be disappointed if you see
a staff person rather than the elected
representative. Sometimes the staffers are more
well versed on specific topics.
Written correspondence is best sent by e-mail or
fax (the mail is still a mess post-anthrax).
What does Congress care about?
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Frame your issue around items that politicians
care about, like:
Wasting money.
 Jobs lost in their District.
 Impacts on small communities, especially when the
small community gets involved.
 Public safety because the Agency mission is
compromised.
 Decreased services or increased costs to the public.
 They especially care about what voters think!
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Tips for effective political action
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Advocate for the Forest Service and Forest Service
employees and talk about the good we do
(environmental protection, fire protection, recreation,
forest products, economic base).
Talk to townships boards, city councils, environmental
groups, timber groups. (As a citizen or Union official.)
Don’t blame other FS Units (Forest, Station, Center).
Don’t blame your co-workers. Timber shouldn’t blame
ologists: combatologists shouldn’t blame timberbeasts.
We are all in this together--united we stand, divided we
fall.
Sources of information on legislation
and legislative issues
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Your UNION. http://www.nffe.org
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Be sure you are signed up on the NFFE website as
an officer/member to receive alerts from NFFE.
Forest Service Council
FSC Executive Officers
 FSC Legislative Committee – Mark Davis,
Chairperson
 www.nffe-fsc.org – Click on Legislative Action
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Sources of information on legislation
and legislative issues
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Google and other search engines.
Websites:
thomas.loc.gov
 www.house.gov & www.senate.gov
 NFFE.org
 iamaw.org
 aflcio.org
 Megavote http://www.congress.org/congressorg/megavote/
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Partisan vs. non-partisan legislative
action
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Union membership comes from both political parties.
Both political parties support the FS mission:
 Budget
 County School Bill
 Healthy Forest Initiative
 Local communities
Both parties have caused job loss.
Both parties have caused reduced budgets.
As Union members and working women and men, we support
elected officials that support issues important to labor, regardless
of political affiliation. IAM’s MNPL fund contributes to
candidates who support labor.
Union dues never go to political campaigns!
"If there is no struggle there is no progress.
Those who profess to favor freedom and yet
depreciate agitation…want crops without
plowing up the ground, they want rain
without thunder and lightening. They want
the ocean without the awful roar of its many
waters…. Power concedes nothing without a
demand. It never did and it never will."
Frederick Douglass, 1857