Update - June 1, 2009

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.

Confidentiality of Safety Witness Statements

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:

• LEI must inform Safety of whether a criminal investigation will occur prior to initiation of any safety investigation.
• LEI and Safety investigations will be conducted independently.
• Law Enforcement Officers will not participate in safety witness interviews.
• Safety witness interviews will not be disclosed outside of Safety.
• Employees will know the type of investigation being conducted and their rights before they participate

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.)

Stand Down of GS-0401 Conversions

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