Misplaced Pages

#29970

24-663: Created by the Civil Service Reform Act of 1978 , it is a quasi-judicial body with three full-time members who are appointed for five-year terms by the President with the advice and consent of the Senate . One member is appointed by the President to serve as chairman, chief executive officer , and chief administrative officer of the FLRA. The chairman is also ex officio chairman of

48-482: A complete failure led the push for reform. The CSRA sought to fix common problems across the public sector such as eliminating manipulation of the merit system without inhibiting the entire structure, how to both invest authority in managers while simultaneously protecting employee from said authority, limit unnecessary or excessive spending, and make the federal work force mirror the American people more closely. The CSRA

72-608: A model for public sector unionism, even for local, municipal and state employees. Membership in AFSCME increased substantially during the 1960s and 1970s, and 22 states legalized collective bargaining for public sector workers. Public sector strikes also increased many times over. In June 2018, the Supreme Court decision in the case of Janus v. AFSCME found that application of public sector union fees to government employees who are not union members represents compelled speech, and as such

96-645: Is separate from the National Labor Relations Board , which governs private-sector labor relations. The Board is composed of 3 members, nominated by the President of the United States , with the advice and consent of the Senate , for a term of 5 years. The President can designate the Chairman with no separate Senate confirmation required. The Board is supported by a General Counsel, who is also nominated by

120-530: The Carter Administration's major domestic achievements. However, the long lasting effects and the legacy of the CSRA are widely disputed. Some claim that the CSRA has accomplished virtually nothing. Others claim that the CSRA has accomplished quite a bit. On one side of the argument, it is claimed that the CSRA has not affected unequal hiring methods, has not formed a division of experienced administrators that it

144-785: The Civil Service Commission (CSC) into the Office of Personnel Management (OPM) and the Merit Systems Protection Board (MSPB). Additionally, the Federal Labor Regulations Authority (FLRA) was created. The agency responsibilities are: In addition to the creation of new agencies, a new grade classification for the government’s top managers was created - the Senior Executive Service (SES). These managers were strategically positioned throughout

168-512: The President of the United States , with the advice and consent of the Senate , for a term of five years. There has been no senate-confirmed General Counsel since Julia Akins Clark left the post in January 2017, and no Acting General Counsel between November 2017 and March 24, 2021, when President Joe Biden named Charlotte A. Dye to be Acting General Counsel. In August 2021, President Biden nominated eight-year assistant general counsel Kurt Rumsfeld to

192-818: The Watergate scandal (1972-74). The Act abolished the U.S. Civil Service Commission and distributed its functions primarily among three new agencies: the Office of Personnel Management (OPM), the Merit Systems Protection Board (MSPB), and the Federal Labor Relations Authority (FLRA). The original legislation allowing federal employees to organize together and protect rights was the Lloyd–La Follette Act in 1912. However this act only allowed for employees to unionize together and petition

216-568: The American public wary of the organization of government following Watergate and the OPEC embargo, Carter's time in office coincided with a period in which bureaucratic organization was open to "reexamination". Carter ran his campaign promising to "strengthen presidential control over federal services", and once in office created the CSRA. Carter intended for the act to create more bureaucratic officials involved with policy making (rather than administration) and that were more closely politically controlled by

240-403: The CSRA has incorporated “long-lasting strategies based on improved responsiveness and competitiveness of federal employees" and that the CSRA has moderately improved employee attitudes in the workplace. Executive Order 10988 Executive Order 10988 is a United States presidential executive order issued by President John F. Kennedy on January 17, 1962 that granted federal employees

264-584: The Federal Government.” Congress spent 7 months forming and enacting the legislation and in August 1978, Congress approved the plan that restructured federal personnel management. The Civil Service Reform Act of 1978 created rules and procedures for federal civilian employees. There were two parts to the reform; The Reorganization Plan and the Civil Service Reform Act. The Reorganization Plan divided

SECTION 10

#1732854595030

288-561: The Federal labor-management relations program, the Authority also assists Federal agencies and unions in understanding their rights and responsibilities under the Statute through statutory training of parties. In 1981, it decertified —that is, stripped it from its status as a representative union—the air traffic controllers' PATCO union, after the 1981 air traffic controllers strike . The agency

312-594: The Foreign Service Labor Relations Board. The three members cannot be from the same political party. The Authority adjudicates disputes arising under the Civil Service Reform Act , deciding cases concerning the negotiability of collective bargaining agreement proposals, appeals concerning unfair labor practices and representation petitions, and exceptions to grievance arbitration awards. Consistent with its statutory charge to provide leadership in establishing policies and guidance to participants in

336-859: The Presidential Review Committee on Employee-Management Relations in the Federal Service. There had been some history of unionizing in the military before 1961, and when the order was passed around 10% of service members were part of outside organizations. By 1968 these figures had risen: 39% of the Army , 44% of the Air Force , and 53% of the Navy belonged to employee organizations. The order yielded many collective bargaining agreements, which have generally provided for arbitration in labor grievances. Labor historians believe that Executive Order 10988 served as

360-483: The government and were rewarded via bonuses based on merit. Middle managers were now paid and rewarded based on evaluations and merit only. The act also created processes for firing employees found to be incompetent and provided protection for "whistleblowers". The CSRA was one of the largest reforms in Federal personnel regulations since the Pendleton Civil Service Reform Act of 1883 and is one of

384-504: The government, but gave them no real bargaining power. The Act was amended by both President John F. Kennedy ( Executive Order 10988 ) and President Richard Nixon (Executive Order 11491), but neither executive orders truly fixed the problems with the original act. By the time President Jimmy Carter took office in 1977, the Lloyd-LaFollette Act was perceived as entirely obsolete and forced the necessity of legislative reform. With

408-467: The order asks agencies to seek their input with "affirmative willingness". However, the order does not require "good faith negotiations", as the Wagner Act does. And because federal workers are not allowed to strike, labor disputes can only legally reach the point of an "impasse". An impasse can be resolved by appeals to mediators, fact-finders, or a higher authority —or it can be ignored by management, and

432-487: The position. However, the nomination was pulled, and in June 2023, President Biden nominated union attorney Suzanne Summerlin for the position. [REDACTED]  This article incorporates public domain material from the United States Government Civil Service Reform Act of 1978 The Civil Service Reform Act of 1978 (CSRA) reformed the civil service of the United States federal government, partly in response to

456-683: The presidency. The CSRA arose from a growing wariness of the United States Government by the general American population. Preceding the Act in 1978 was nearly a decade of major blunders committed by the White House. In short, the federal government had "widely over-promised and woefully underperformed". Incidents like the Watergate scandal coupled with the consensus public opinion of the Vietnam War being

480-496: The right to collective bargaining . This executive order was a breakthrough for public sector workers, who were not protected under the 1935 Wagner Act . Passage of the executive order forestalled the legislative Rhodes-Johnson Union Recognition bill, which would have given more power to federal employee unions, possibly creating a union shop arrangement. Executive Order 10988 was effectively replaced by President Richard Nixon 's Executive Order 11491 in 1969. Workers gained

504-629: The right to join unions and other organizations of workers; however they were not permitted to strike—federal strikes had been explicitly prohibited in 1947 by the Taft-Hartley Act —or to join the leadership of these groups. Until 1978, federal workers had to take unpaid time off to participate in collective bargaining themselves. The order in some ways went further than the Wagner Act, instructing agencies to develop informal relationships with employee organizations (so long as they are not corrupt or undemocratic) and not to campaign against them. In fact,

SECTION 20

#1732854595030

528-527: The status quo allowed to continue. The order explicitly does not apply to intelligence agencies . It also gives agency heads the right to suspend its rules for operations outside of the United States. Union membership among federal employees increased several times over in the next decade. This effect boosted even longstanding federal unions, such as the National Federation of Federal Employees . This expansion led President Lyndon B. Johnson to form

552-411: Was supposed to, and has been ignored by certain agencies. Others claim that the CSRA was a pervasive attempt to reform and restrain a large government bureaucracy in the United States. On the other side of the argument, it is claimed that many provisions in the CSRA have spread globally and that the CSRA has had a serious impact on public administration systems all over the world. It is also claimed that

576-504: Was the first federally passed comprehensive civil service reform since the Pendleton Act of 1883. Leading up to the passing of the CSRA, the federal government grew in both size and complexity, causing the public to question the government’s cost and blame policy failures on the bureaucrats. In March, President Jimmy Carter sent a proposal to Congress to bring about civil service reform in order to “bring efficiency and accountability to

#29970