Posted on May 25, 2017
Senate Committee Advances Bill to Speed Up VA Firing Process
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WASHINGTON -- The Department of Veterans Affairs secretary would be able to dismiss poor-performing employees more easily under legislation approved Wednesday by a Senate committee, which sent the bill to a full Senate vote despite concerns from Democrats.
The Senate Veterans' Affairs Committee passed S. 1094, titled the VA Accountability and Whistleblower Protection Act of 2017, on a voice vote. It was unclear when the full Senate could vote on the bill, but Sen. Johnny Isakson, R-Ga., chairman of the committee, said it would be soon.
The vote came after Republicans on the committee voted down four Democratic amendments to the bill.
The bill is a compromise between the two parties on an issue that has failed to gain traction in Congress for years. Its sponsors are Isakson, Sen. Jon Tester, D-Mont., the ranking Democrat on the committee, and Sen. Marco Rubio, R-Fla.
"The end result is a compromise, in which none of us got everything we wanted," Tester said.
The Senate bill, like a version that passed the House, would shorten the time that VA employees would have to appeal any disciplinary action against them and require quicker determinations from the Merit Systems Protection Board, which hears the appeals. The bills would also allow the VA secretary to reduce the pension of a VA employee and recoup bonuses and relocation expenses in certain instances.
Further, the Senate bill includes a compromise on a controversial segment of the House bill that would eliminate grievance procedures for employees. The elimination of grievance procedures caused some Democrats to vote against it. The Senate bill would maintain the procedures but place limits on how long they could last.
The legislation also lessens the evidentiary standards that the VA is required to meet to uphold decisions to fire VA employees.
The bill has the support of the VA and about 15 veterans organizations. It's seen by many people as a way to root out a perceived culture of corruption at the department -- an issue that President Donald Trump has upheld as the main problem plaguing the VA.
Sen. Patty Murray, D-Wash., offered two amendments to the bill that she said would've balanced a need to fire poor workers with maintaining workforce protections.
"At this point, I can't support it," she said. "I have significant concerns about giving this new power to this administration."
The American Federation of Government Employees, a union representing approximately 220,000 VA employees, has been fighting the legislation at every step. They've asserted it will allow rank-and-file employees to be fired at will.
The bill had to be edited since last week, when the Department of Justice raised concerns a small part of the legislation was unconstitutional. A former law passed by Congress in 2014 that established a firing process for VA senior executives was recently found by a federal court to be unconstitutional.
If the bill is passed by the full Senate, the revised version would be sent back to the House for a vote.
@ SMSgt Minister Gerald A. Thomas Capt Christopher MuellerCOL Mikel J. BurroughsSgt Joe LaBrancheSSgt (Join to see)Capt Seid WaddellSrA Christopher Wright LTC Stephen F.PO2 Ed C. SFC(P) Hercules Lobo MSG Tom EarleyPVT James Strait Alan K. PO1 William "Chip" NagelSGT John " Mac " McConnell SFC William Farrell LTC (Join to see) SPC Britanny *Winnie* Balthaser SSgt Robert Marx PO1 Tony Holland
The Senate Veterans' Affairs Committee passed S. 1094, titled the VA Accountability and Whistleblower Protection Act of 2017, on a voice vote. It was unclear when the full Senate could vote on the bill, but Sen. Johnny Isakson, R-Ga., chairman of the committee, said it would be soon.
The vote came after Republicans on the committee voted down four Democratic amendments to the bill.
The bill is a compromise between the two parties on an issue that has failed to gain traction in Congress for years. Its sponsors are Isakson, Sen. Jon Tester, D-Mont., the ranking Democrat on the committee, and Sen. Marco Rubio, R-Fla.
"The end result is a compromise, in which none of us got everything we wanted," Tester said.
The Senate bill, like a version that passed the House, would shorten the time that VA employees would have to appeal any disciplinary action against them and require quicker determinations from the Merit Systems Protection Board, which hears the appeals. The bills would also allow the VA secretary to reduce the pension of a VA employee and recoup bonuses and relocation expenses in certain instances.
Further, the Senate bill includes a compromise on a controversial segment of the House bill that would eliminate grievance procedures for employees. The elimination of grievance procedures caused some Democrats to vote against it. The Senate bill would maintain the procedures but place limits on how long they could last.
The legislation also lessens the evidentiary standards that the VA is required to meet to uphold decisions to fire VA employees.
The bill has the support of the VA and about 15 veterans organizations. It's seen by many people as a way to root out a perceived culture of corruption at the department -- an issue that President Donald Trump has upheld as the main problem plaguing the VA.
Sen. Patty Murray, D-Wash., offered two amendments to the bill that she said would've balanced a need to fire poor workers with maintaining workforce protections.
"At this point, I can't support it," she said. "I have significant concerns about giving this new power to this administration."
The American Federation of Government Employees, a union representing approximately 220,000 VA employees, has been fighting the legislation at every step. They've asserted it will allow rank-and-file employees to be fired at will.
The bill had to be edited since last week, when the Department of Justice raised concerns a small part of the legislation was unconstitutional. A former law passed by Congress in 2014 that established a firing process for VA senior executives was recently found by a federal court to be unconstitutional.
If the bill is passed by the full Senate, the revised version would be sent back to the House for a vote.
@ SMSgt Minister Gerald A. Thomas Capt Christopher MuellerCOL Mikel J. BurroughsSgt Joe LaBrancheSSgt (Join to see)Capt Seid WaddellSrA Christopher Wright LTC Stephen F.PO2 Ed C. SFC(P) Hercules Lobo MSG Tom EarleyPVT James Strait Alan K. PO1 William "Chip" NagelSGT John " Mac " McConnell SFC William Farrell LTC (Join to see) SPC Britanny *Winnie* Balthaser SSgt Robert Marx PO1 Tony Holland
Senate Committee Advances Bill to Speed Up VA Firing Process
Posted from military.com
Department of Veterans Affairs (VA)
United States Senate
Law
Posted >1 y ago
Responses: 9
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Excellent. Government unions are a very BAD idea. It has resulted in firing rates of 0.46 percent of the workforce in both fiscal 2013 & 2014 — the lowest rate in 10 years. This represents less than 1 in 200 workers, often only after a criminal conviction and lengthy union standoff. Giving supervisors the ability to fire dangerous or no-show workers is fundamental to establishing an effective workforce.
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Cynthia Croft - If I have someone working for me that does not want to work I should be able to get ride of them it should not be harder to get ride of a civilian then it is a soldier
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SSgt Christopher Brose
Cynthia Croft - How often does that reverse scenario happen, vs. how often is it that someone who's lazy/negligent/unfit gets to keep getting paid because it's almost impossible to fire them? And why is it that unions always seem to protect the shittiest workers?
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Cynthia Croft - I want the managers gone they have not been doing there job for the most part.
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SSgt Christopher Brose
SSG (Join to see) - How much of the problem is the managers not doing their jobs, and how much of it is the managers being PREVENTED from doing their jobs by unions?
Cynthia Croft - "with a concentration of incompetent workers" -- isn't that the problem we have now? I think you are worrying way too much about possible future problems. And I think you are worrying about possible future problems because you are pro union, and you don't want to see union influence diminish, and therefore you don't want to admit there's a big problem now and that the unions are a big part of it.
Cynthia Croft - "with a concentration of incompetent workers" -- isn't that the problem we have now? I think you are worrying way too much about possible future problems. And I think you are worrying about possible future problems because you are pro union, and you don't want to see union influence diminish, and therefore you don't want to admit there's a big problem now and that the unions are a big part of it.
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About time. Pretty much every story about someone being incompetent in the VA ends with them simply being transferred to another assignment while drawing the same pay and bennies.
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This might help fix the VA. I don't have a problem firing people for cause. If you cant or wont do the job then you should not have the job give it to someone who will work.
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SSG (Join to see)
Cynthia Croft - unions are for collective bargaining for better pay, conditions or benefits. I don't see the need for government unions.
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