‘Official Time’ Bills Introduced in House, Cleared in Committee

NALC Legislative Update

Earlier this month, two pieces of legislation regarding the use of official time were introduced and passed by the House Oversight and Government Reform Committee.

The first bill (H.R. 1293), which was introduced by Rep. Dennis Ross (R-FL) would require that the Office of Personnel Management (OPM) submit an annual report to Congress Capitol 1outlining the use of official time by federal employees. H.R. 1293 would require each agency to provide OPM with an annual report that includes: total amount of official time granted to employees; average amount of official time expended per bargaining unit employee; specific types of activities or purposes for which official time was granted; the impact of granting official time had on agency operations; the total number of employees whom official time was granted, total amount of benefits and compensation for those granted official time and a description of designated spaced used for official time activities.

The second measure, the Official Time Reform Act of 2017 (H.R. 1364) was introduced by Rep. Jody Hice (R-GA), which would limit the use of official time by federal employees. Unlike previous versions of this legislation or official time amendments offered in the past, H.R. 1364 goes one step further by stripping employees on official time from receiving credible service under Civil Service Retirement System (CSRS) and the Federal Employee Retirement System (FERS). During the markup, an amendment was also offered by Rep. Virginia Foxx (R-VA) and accepted by the committee which would limit bonuses for those employees using official time.

Official time, which has been in place since the Civil Service Reform Act of 1978 has proven to be an invaluable tool for both labor and management to address workplace safety and working conditions, discrimination, training, efficiency and operational improvements and other union representational activity. The markup of both bills extended over a three-day period due to the contentious manner which the bills were being negotiated setting an unharmonious tone for future committee business.

“[H.R. 1364] would set a terrible precedent,” said Oversight and Government Reform Committee Ranking Member Elijah Cummings (D-MD) citing that it would “to strip the pensions of one group of employees they do not like: union members.”

While NALC’s review of both pieces of legislation indicates that neither would cover the Postal Service, NALC is adamantly opposed to bills that seek to undermine the rights of employees in the workplace.

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