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I am pleased to report to two key victories for Forest Service employees! A few weeks ago, I reported that two long-running union efforts were on the verge of bearing fruit: reforming the safety investigation process and standing down the reclassification of fire program managers to the GS-0401 series (see May 5, 2009 FSC Update). I am pleased now to report the following achievements.
Safety witness statements obtained by OIG at Thirty-Mile were ultimately used to prosecute one of our firefighters for criminal negligence. At Dutch Creek, a criminal investigation was initiated by a FS Law Enforcement Officer who participated in the safety investigation.
Your union strongly supports an effective safety program. However, the kind of candid disclosures and speculations that are needed in a safety investigation are not possible under the looming threat of prosecution. That is why we are working hard to ensure the confidentiality of disclosures made in safety investigations.
The NFFE FSC collaborated with agency Safety and Law Enforcement and Investigations (LEI) leadership to develop a policy for serious incidents. LEI investigations were already required for serious incidents. The problem is they were getting mixed up with Safety investigations. The new policy builds a firewall between them. We believe this new policy will significantly improve employee rights. Now:
Be aware that safety witness statements even under the new policy are still subject to disclosure to third parties using discovery, subpoena, etc... Your union is actively pursuing legislation that would prevent disclosure under these circumstances. In the meanwhile, your union obtained agency agreement to inform employees about their rights at the time they are interviewed. Be sure you know the new policy and your rights in investigations. (See the links below for more information.)
Following up on the momentum created by our recent Congressional testimony and recent contacts with Department and the Office of Personnel Management (OPM) officials, your union has convinced the agency that an effective stand down of the conversion of fire program managers to the GS-0401 series was needed. Under the new stand down, no incumbents in GS-0401 will be removed from their positions and all new positions below the GS-13 level will be filled in the GS-0462 series. (See the links below for details.)
Although we worked hard to minimize negative effects, we realize the stand down is not perfect. In the long term, the agency has agreed to work to develop new job series to describe wildland fire management work. While details are yet to be worked out, we believe natural resource academic credentials should be required only when they are directly related to the duties of the specific position. We will press for field employees to be involved in the development of the new classification scheme.
Because development of new OPM series can take several years, we have recommended to leadership that the GS-0301 series be used in the interim. This series provides equivalent advancement opportunities as provided by the GS-0401 series. The NFFE FSC will continue to advocate for a fair career path that is open to all qualified firefighters.
In solidarity,
Ron Thatcher
NFFE Forest Service Council President
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House Committee on Natural Resources
Subcommittee on National Parks, Forests,
& Public Lands
Regarding
Restoring the Federal Public Lands
Workforce
March 19, 2009
Mr. Chairman and members of
the Committee, thank you for the opportunity to testify before you today.
I’m Ron Thatcher, President
of the National Federation of Federal Employees’ Forest Service Council. In this
capacity, I am honored to represent approximately 20,000 dedicated public
servants committed to the professional and ethical management of the 192
million acre National Forest System.
Forest Service employees are
among the most dedicated public servants in the federal workforce. This is why obstacles to getting our work
done decrease our morale as well as our effectiveness.
One such obstacle is the
erosion of the land management workforce as more funds out of a flat budget go
to wildfire suppression each year. We
support the approach taken by the FLAME Act, in which funding for catastrophic
wildfires does not come at the expense of land management work.
Another problem is a
seemingly endless stream of ill-planned and harmful reorganizations and new technologies,
methods, and policies. For example:
·
administrative support personnel were removed
from field offices and command to centralized service centers that report to
Washington,
·
a “self-service” model in which highly graded
employees now perform more clerical and administrative tasks has been put in
place,
·
mandated use of phone support for field-going
employees
·
the rush to put new software in place before it
is tested
Employees simply can’t get
to the jobs they were trained to do because they are bogged down with
administrative tasks they weren’t trained to do.
The centralization of Human
Capital Management has probably been the biggest problem:
·
The list of problems goes on and on. For
example, we bring some 15,000 employees onto the roles each field season. Now, some are sent to work before they are
“hired,” with a promise that we’ll get their pay to them later. When they go off the roles at the end of the
season, their lump sum payments are often delayed by months.
·
Employees at all levels report the occurrence
of a shift of power and authority away from the field to the centralized Human Capital
Management organization – an unintended consequence of removing the supervision
of these functions from field managers.
One employee noted, HCM is supposed to be a support function, but has
become “the tail that wags the dog.”
Another said, “It’s like they created a kingdom that answers to nobody.”
Finally, I want to mention
the reclassification of fire managers into the GS-0401 series. This imposes new academic requirements which
in many cases are unrelated to the duties of these positions. This may force as many as a third of our
field generals in the war on fire out of the jobs they have successfully
performed for years. Plus, it imposes a
glass ceiling for some of our most capable leaders coming up through the ranks. The knowledge, skills, and abilities to lead
a fire crew into harm’s way are not obtained in a classroom – they are obtained
by specialized agency-developed training and on-the-ground experience.
So, how did we get to this
point? In every case, we hear the same thing: leadership didn’t ask the field. In
many cases, the ultimate decision can be traced all the way up to former
President Bush: competitive sourcing quotas were the driving force behind the centralization
and downsizing of Human Capital Management.
Other decisions, such as timetables that prevented adequate testing of new
software applications, were mandated by the Department or by even higher levels
of the government. In these cases, even our agency leaders were excluded from
the decision-making process.
However, not all sources of
top-down, secretive, and unaccountable decision-making are outside of the
agency. It is agency officials who
elected to exclude field employees, even the agency’s top field managers with
decades of experience, from the decision to reclassify fire managers.
We believe it is time for a
new way. It is self-evident that front-line employees are the ones who know the
best way to get their jobs done. We need
to tap into this collective wisdom. To make the best decisions, the agency
needs to engage employees as advisors, even as collaborators.
This is particularly true of
the Forest Service, an institution in which one size doesn’t fit all because of
the diversity of lands, from Alaska to Alabama, for which the agency is
responsible.
This new way of doing
business will require officials to embrace the principles of transparency and
accountability articulated by President Obama. The payoff will be shared
accountability and shared ownership – a decision informed by better information
and a workforce motivated to make the decision work.
To encourage this, we
recommend passage of a Federal Labor-Management Partnership Act and the
Whistleblower Protection Enhancement Act of 2009. These bills would help put an
“accountability infrastructure” in place that would allow employees to
collaborate with agency officials on the difficult problems we face.
Mr. Chairman and Members of
the Committee, this concludes my oral statement. Thank you for the opportunity.
I would be happy to answer any questions.
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