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Tell Congress you Support the Title 5 Conversion!


Take action and ask your coworkers, friends, and family to let Congress know you support Section 1053 of the FY16 NDAA which converts a minimum of 20% of Dual Status technicians from Title 32 to Title 5.




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Political Action
Equality & Justice for National Guard Technicians
Legislative Approach Taking Action

OUR WORK

We plan and execute strategy based on the needs of our technician members. This includes speaking directly with Members of Congress and their staff to further our legislative agenda.

Capitol Hill
Contacts

Ben Banchs
LIUNA NGC Local 1776
Business Manager
(985) 249-2315
legislation@liuna-ngdc.org


Leo Gannon
LIUNA Senior Legislative Representative
(202) 942-2256
lgannon@liuna.org
 

Our goal is to make the technician program better for the men and women who make up the back-bone of today's full-time National Guard work-force. 


OUR PHILOSOPHY

The National Guard technician program needs to be changed. Anyone who's ever been employed as a National Guard technician knows that often times they get the worst of both worlds. For example:

1. Dual-Status Requirement: Federal law requires that technicians maintain satisfactory military membership in the Army or Air National Guard in order to remain employed. This legal requirement places a unique burden on technicians as Federal employees because once they reach 20 years in the military they can be non-retained (let go) as a reservist, automatically resulting in termination from their technician job. If they do not have enough creditable civil service at the time of their military separation then they will not be eligible for a Federal Civil Service retirement annuity. Aside from the financial harm it may cause an employee, it makes no fiscal sense for the US Government to non-retain a technician who's working hard and meeting all their civilian and military requirements simply because they've reached 20 years of military service. 

2. Administrative Appeals: Unlike every other Federal employee, National Guard technicians cannot ask that a neutral 3rd party review adverse actions like suspensions and terminations, even if these actions were carried out as retaliation for their legal disclosures of fraud, waste, or abuse (whistleblower). They also cannot challenge reductions-in-force (RIF), furloughs, realignments, reductions in grade, and most other actions that affect an employee's career. That's because Federal law restricts any such appeals to the Adjutants General. This severely limits a technician's ability to receive a fair hearing concerning these matters since Adjutants General are often reluctant to go against the recommendations of their supervisors and managers. This can be especially unfortunate when employees face retaliation or unwarranted/illegal personnel actions.  

3. Benefits: Because of their unique hybrid status (military/civilian) technicians also are exempted from certain programs which their counterparts, both military and civilian, get to take advantage of. Some examples:

- The TRICARE Reserve Select (TRS) health insurance program is available to all reservists, unless you're a technician. That's because Federal law does not allow employees to purchase TRS if they are also eligible for FEHB. This legal technicality ends up costing technicians and their families upwards of $5,000 extra per year for essentially the same health coverage. So even though they're required to be a reservist in order to keep their technician job they're legally denied access to a program created specifically for reservists solely because they're Federal employees.

- Many individuals are attracted to serve in the National Guard because of the monetary incentives offered, like enlistment bonuses and student loan repayment. Yet, these are more examples of programs that are available to reservists, but out of reach for technicians merely because they are technicians. 

- The majority of Federal employees earn overtime pay when they work in excess of their normal schedule. Technicians are legally barred from earning overtime pay for overtime work. Instead, technicians may only earn one hour of compensatory time for each hour of overtime worked.      


OUR STRATEGY

In order to improve the technician program we need to change Federal law. Since 2009 we have repeatedly introduced legislation to do just that. LIUNA has and will continue to ask our friends in Congress to sponsor the National Guard Technician Equity Act, a bill designed to correct the inequalities which plague the technician program. We will continue to work on this legislation until some or all of the provisions are implemented.


OUR PARTNERS

AFL-CIO
Federal Postal Coalition
Union Veterans Council (AFL-CIO)
United DoD Workers Coalition (UDWC)




CURRENT EFFORTS

- 115th Congress Legislative Packet

Our primary focus is to protect and enhance the changes enacted by the FY16 and FY17 NDAA's, which required the conversion of a certain portion of all dual-status technicians be converted to Title 5 employment starting in 2017, and also extended the right to file appeals with both the Merit Systems Protection Board (MSPB) and the Equal Employment Opportunity Commission (EEOC).

These are the most comprehensive changes to the technician program since 1968.  


PREVIOUS EFFORTS

We will continue to push for legislation that provides all National Guard technicians with a fair workplace.

- 114th Congress Legislative Packet
- EEO Protections for Dual-Status Technicians



Major Areas of Political Activity


T32 - T5 Conversion of Technicians

Opponents of the conversion are pushing for delay and repeal of FY16 NDAA Sec. 1053. We will continue to leverage our expertise and knowledge of the technician program to inform Congress and National Guard leaders of the benefits and opportunities this conversion provides to all concerned. 

Related Documents

Support Letter - Sec. 1053 - by LIUNA GP
Support Letter - Sec. 1053 - for McCain
Support Letter - Sec. 1053 - for Reed
Support Letter - McCain and Reed reply to CoG

Opposition Letter - CoG to McCain and Reed
Opposition Letter - CoG to House/Senate Leaders
TAG Workgroup Info Paper Opposing Sec. 1053


Ongoing Priorities for Technician Program Reforms

-Protect technicians after 20 years of military service
-Allow continued employment as non-dual status
-Provide for appeal rights beyond the Adjutants General


NGB's Attempt to Strip Technicians of their EEO Rights

The National Guard Bureau is historically denieddual-status technicians their right to file complaints of discrimination under Title VII of the 1964 Civil Rights Act, a process which is overseen by the Equal Employment Opportunity Commission (EEOC). Instead they were forcing dual-status technicians to process claims of discrimination using the military equal opportunity (MEO) process, which allows the military chain-of-command to make the final decision. Thanks to our efforts, Congress finally put a stop to this illegal practice in 2016.

Related Documents

2016

-LIUNA Non Concur with publishing of CNGBI 9601.01

2015

-(DRAFT) NGB Discrimination Program Instruction
-(DRAFT) NGB Discrimination Program Manual
-LIUNA NGC Objections NGB Proposal (FEB 2015)
-NGB Reply to LIUNA Objections (APR 2015)
 
2013

-LIUNA Objections to NGB Proposed Changes FY14 NDAA
-Joint Letter to Sen. Levin Opposing FY14 NDAA
-NGB Seeks to Change Law Rather than Follow It
-NGB Misleads EEOC

 
Past Activity

NDAAs

FY17
FY16
FY15
FY14
FY13
FY12
FY11
FY10

FY09
FY08
FY07
FY06
FY05

Past Legislation Introduced by LIUNA for Technicians

Congressional Session House Senate
111th Congress HR 3345
112th Congress HR 1169 S 1893
113th Congress   S 2312
114th Congress Pending  


NATIONAL GUARD BUREAU

-Office of Legislative Liaison
  

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Copyright 2017 by LIUNA National Guard Council Local 1776