Federal Manager's Daily Report Thursday, September 23, 2004 Published by FEDweek, the federal government's largest information resource with now over one million weekly readers to its electronic newsletters. *********************************************************** Federal Manager's Daily Report is a brand new FREE daily electronic report for all federal managers and supervisors featuring the day's top stories on management and workforce issues. Please pass this information on to your fellow colleagues. You can sign up for this free daily report at http://www.fedweek.com/subscribepopup.htm. *********************************************************** In Today's Issue: 1. OPM Calls for Consolidated IT Training Framework 2. Supervisor Denied Back Pay for Higher-Level Work 3. Cell Phone Restrictions a Management Right ************************************************************
1. OPM Calls for Consolidated IT Training Framework The Office of Personnel Management has called for the creation of a federal IT training framework by linking existing training programs with the federal IT workforce development road map. Those programs include the CIO University, the Strategic and Tactical Advocates for Results Program, the Information Resources Management College, the Graduate School, USDA, and the Federal Executive Institute and Management Development Centers. It said such a framework would "raise the bar for federal IT training and education, and called for improvements to existing training opportunities. OPM said it conducted a study in 2000 of the federal IT workforce and identified competencies for the IT management occupational series and parenthetical specialty titles, that together with competency information set forth in the Clinger-Cohen Act represent the critical competencies for the federal IT workforce. In June, it released the results of a 2003 competency assessment survey conducted by the CIO Council's Workforce and Human Capital for IT Committee as required by the Clinger-Cohen Act, that it said was the first survey to establish a competency baseline -- and that the 2004 "CCA" survey would require agencies to analyze their workforce needs and enable them to prepare action plans to address competency gaps. The report also recommended that all agencies include the federal IT exchange program -- designed to allow federal employees to work in the private sector to gain experience and knowledge, and visa versa -- in their human capital plans to "build IT capacity and address shortfalls." 2. Supervisor Denied Back Pay for Higher-Level Work Not getting paid for the level of work done on a temporary higher level assignment is a common complaint among federal employees, for example, Air Force supervisory patent advisor Stanton E. Collier, whose claim for back pay was recently dismissed by the U.S. Court of appeals for the Federal Circuit. According to the decision -- 03-5126 -- Collier performed the duties of the chief of his division for 24 months, a GS-15 position, as directed under his performance plan in the event of the chief's absence. But Collier says the chief was not absent, he had in fact retired. When someone else was selected as director, Collier filed for back pay -- the difference between the two grades for the 24 months -- but was denied by a federal claims court. Collier said his performance plan was an enforceable contract but the government said he was not entitled to additional compensation and that stepping in for the chief was part of his duties. He claimed the government "took the salary to which he was entitled," violating the Fifth Amendment, according to the decision. It said he claimed he was owed under the Back Pay Act, 5 U.S.C 5596, and that he had "independent cause of action in the federal claims court." The claims court dismissed the independent cause of action, breach of contract and back pay act claims for lack of jurisdiction, and dismissed the Fifth Amendment taking claim for failure to state a claim upon which relief can be granted. Collier did not argue with the "taking" claim, but appealed the remaining three counts, stating that the claims court failed to "construe the facts in the complaint in his favor, and that there were various errors of law and fact," but to no avail. 3. Cell Phone Restrictions a Management Right In two recent decisions, the Federal Labor Relations Authority has upheld management's right to restrict the carrying of cell phones by employees on grounds that the phones interfere with management's right to determine internal security practices. In one case, 59 FRLA No. 154, the labor authority held non-negotiable bargaining proposals seeking to create exceptions to the agency's policy of prohibiting inspectors from carrying any wireless communication devices while on duty in primary and secondary inspection areas. "Allowing employees to carry such devices will increase the risk that inspectors will be distracted from their duties in inspecting individuals and cargo and detecting terrorists, drug-smuggling or other illicit activity," FLRA held. In the other case, 59 FLRA No. 165, involving an unfair labor practice charge, FLRA held that an agency did not change conditions of employment when in response to an incident it issued interim guidelines that reaffirmed its policy of prohibiting cell phones and pagers in primary and secondary inspection areas. However, the agency committed a ULP when the agency didn't respond to the union's request to rescind the interim guidelines, FLRA ruled. Published by FEDweek LLC 11551 Nuckols Rd. Suite L Glen Allen, VA 23059 (804) 288-5321 Website: http://www.fedweek.com A 100% Veteran-Owned Business [EMAIL PROTECTED] --- You are subscribed to federalmanagersdailyreport as [EMAIL PROTECTED] To unsubscribe, send a blank email to [EMAIL PROTECTED]
