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FederalDaily - December 19, 2005

NLRB Dispute Resolution Pilot Program
White Collar Crime Might Cost Feds Their Benefits
Chambers Suing for $2.2 Million
EEOC Restructuring Could Affect Federal Employees

NLRB Dispute Resolution Pilot Program

The National Labor Relations Board (NLRB) has created an alternative dispute resolution (ADR) two-year pilot program that will assist in settling cases pending before the board. Participation will be voluntary and participants can withdraw at any time. For pending unfair labor practice cases, NLRB will provide a neutral judge to provide confidential settlement discussions for disputed decisions by NLRB administrative judges. The board’s processing of any case can be stayed up to 60 days after the first ADR meeting to allow a settlement to be reached. All parties can agree to an additional 60-day extension if needed. ADR for labor practice disputes was initiated after witnessing the success of dispute resolution in other federal agencies.

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White Collar Crime Might Cost Feds Their Benefits

Federal employees and Congress members who are convicted of white collar crimes would forfeit their retirement benefits if the Public Trust and Accountability Act is passed by Congress and signed into law. The bill, introduced by Rep. Lee Terry, R-Neb., would amend Title 5 of the U.S. Code to strip government employees of their retirement benefits if convicted of laws that violate the public trust or fiduciary duties. That would include bribery, embezzlement and perjury. Terry stated, “Without the trust of the people and accountability for actions, the government cannot work.” Currently, Title 5 only denies benefits to individuals convicted of violating national security laws, such as treason.

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Chambers Suing for $2.2 Million

Teresa Chambers, the former chief of the U.S. Park Police, has filed a $2.2 million lawsuit against the National Park Service (NPS) for wrongful acts by top agency officials, according to Public Employees for Environmental Responsibility. The suit claims that NPS destroyed documentation that could exonerate Chambers. “I want and fully expect to be restored as Chief of the United States Park Police,” she said. Chambers was fired two years ago after an interview with The Washington Post, where she commented about a shortage of officers. She filed an appeal with the Merit Systems Protection Board the following year—the board dismissed two of the administrative charges against her, but the rest of the case is still pending. Chambers has also filed a Privacy Act lawsuit demanding the release of a documented positive performance review she received shortly before her termination.

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EEOC Restructuring Could Affect Federal Employees

A restructuring of the Equal Employment Opportunity Commission (EEOC) could overburden EEOC offices with excessive workloads and downgrade the Baltimore, Md., office, potentially costing federal jobs, according to Sens. Barbara Mikulski, D-Md., and Edward Kennedy, D-Mass. In a letter to the EEOC, the senators noted that the plan would move five counties in Maryland to a new jurisdiction already unable to handle its current workload. There was particular concern that the Baltimore-based office may be downgraded from a district office to a field office. “We remain concerned that downgrading district offices impacts the Commission’s ability to effectively enforce civil rights laws,” the letter said. Both Mikulski and Kennedy pressed EEOC to provide more details regarding the reorganization and have more open dialogue to discuss their concerns.

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