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FederalDaily - January 18, 2006

IT Employee Received Law Enforcement Pay
Federal Public Service Announcements Evaluated
Rising Costs Force Army to Cancel Contract
American Airlines Accused of Violating USERRA

IT Employee Received Law Enforcement Pay

The Office of Special Counsel (OSC) has filed a petition for corrective action with the Merit Systems Protection Board (MSPB) against the Department of Homeland Security (DHS) . OSC’s petition, filed on Jan. 9, alleges that the DHS Office of Border Patrol unlawfully granted an unauthorized preference during competition for promotions to border patrol agent Michael Knowles ; and also unlawfully assigned Knowles duties outside his position of record and authorized “administratively uncontrollable overtime pay.” According to the complaint, Knowles has been assigned to work outside of his position of record as a border patrol agent since approximately 1990, when he was assigned to work exclusively on setting up computers and other telecommunication equipment. OSC said while Knowles worked in the technology field for the next 14 years, he continued to receive law enforcement pay and benefits.

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Federal Public Service Announcements Evaluated

The seven federal agencies with the most prevalent use of public service announcements (PSAs) obligated a combined $152 million toward PSAs between fiscal years 2003 and 2005, a recent Government Accountability Office (GAO) survey found. GAO surveyed the Departments of Commerce, Defense, Health and Human Services, Homeland Security, Interior, Treasury and Veterans Affairs. The most common PSA methods utilized were radio, television, Internet and newspaper advertisements. Between the seven departments there were 105 campaigns during the evaluated time period. Of that total, 47 were reviewed, with 41 being determined “successful” and no results for the remaining six. Campaigns were used for various agendas, including military recruitment, public health and outdoor recreation safety. The full report is available at www.gao.gov/new.items/d06304.pdf.

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Rising Costs Force Army to Cancel Contract

The Army has cancelled an expensive development contract for its Aerial Common Sensor—a fleet of high tech intelligence and surveillance aircraft—because of rising costs and missed schedules. Lt. Col. Steven Drake, product manager for Aerial Common Sensor, said that the Army expects to recompete the contract “as early as 2009.” The move has drawn concern from Rep. Curt Weldon, R-Pa., vice chairman of the House Armed Services Committee. “I am both disappointed and concerned by this announcement, largely because it took the Army over a year to realize that they had severely underestimated the ACS payload, and wasted millions of dollars in the process,” said Weldon. The original contract, awarded to Lockheed Martin, was to last 66 months and cost $879 million. However, estimates showed that an additional two years and $800 million would have been required to complete the work.

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American Airlines Accused of Violating USERRA

The Department of Justice (DOJ) on Jan. 13 announced the filing of a lawsuit against American Airlines, Inc., alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). DOJ alleged that American Airlines violated USERRA by denying pilots Mark Woodall, Michael McMahon and Paul Madson employment benefits during their military service. Woodall and McMahon serve as pilots in the Naval Reserve. Madson serves as a pilot in the South Dakota Air National Guard. The complaint alleges that American Airlines conducted an audit of the leave taken for military service by its pilots in 2001. The complaint further alleges that based on the results of that audit, American Airlines reduced the employment benefits of those of its pilots who had taken military leave, while not reducing the same benefits of those of its pilots who had taken similar types of non-military leave.

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