vicarz: (Your input makes me...)
[personal profile] vicarz
I have fought all my life for security.

In the middle of the day yesterday an all caps MANDATORY MEETING was sent out to my branch for a meeting at 2:30, in-person or phone conference. Our AA (high-up official) told us quickly that the Office of General Counsel had recommended that Agencies lose the ability to do EEO representation any more, and that recommendation was being implemented starting in January.

It turns out that despite all indications it would go the other way, including OGC's analysis, an EEO AJ had ordered an Agency Representative to turn over all their communications in an EEO case because they were not an attorney, only a representative. The Agency lost the case, theoretically in part because of the internal work product of the non-attorney representative. Man fuck the EEOC, fuck them.

Starting in January all the EEO cases are being moved to OGC. IF we have active bar licenses, we are allowed to apply for our jobs when they are posted to the public via USAJobs. There is no guarantee we will be selected, and OGC is known as fussy about their selections. I'm not sure if it is like other Agencies where they only hire you if you fit an emphasis program, have a connection, or went to an ivy league school. I've always tried to politic a little there, and hope I've made a good impression because...

The phase-out starts January 2017 and is currently estimated to take 1-2 years. When the EEO cases are removed, the Agencies are theoretically able to still do their own representation work in arbitration and MSPB appeals. I'm not convinced they'll be allowed to do that though, as I once litigated an arbitration grievance that resulted in a multi-million dollar settlement (once the scope was understood, OGC was linked in, and there was much scolding that something that big could happen without OGC - who, at the time, argued that I was fuckingamazeballs at the work and had it well under control). MSPB cases are easily as much of a liability as EEO cases, and some of those are "mixed" to cover EEO. I think the odds of this work remaining in the Agency are slim; if it does keep some of the work, there will be a lot less of it so staff would have to be reduced.

Sadly most of the people I worked with at OGC are gone and the connections have gone stale since that big multi-mil case.

Door #3 is if the work goes away and we don't find work elsewhere, we'll be placed within the organization somewhere. Sadly there are not a lot of non-supervisory GS-14s, and I'm too high up to take a 13 w/o a pay cut. Part of me likes the idea of having less responsibility at work.

In reality, there is no question what I'm doing: Applying for my job at OGC.
I always thought I'd wind up there, though lately I've wondered instead about doing management in this area in the Agency - with the work gone, that's not even possible. In theory I should be a shoe-in: I'm a bar-licensed attorney andthankfuck I kept my license active. If I get the job, it would likely start at my existing GS-14, rather than a promotion to the GS-15s they have (in fact my guess is they'll take "their own" and make them 15s based on the new staff members filling the lower ranks). The benefits there, besides money, are a much better support system, private offices, and working in the main building that I like. The downsides (besides not being selected at all) would be possibly lower pay (sometimes they only hire 9s and 11s to mold their own staff), possibly not offices as they increase in size, the main building is in a desert of places to eat, now that I moved that building is no longer in my metro line (transferring, oh no), losing a lot of the benefit of my 10 years of building my agency reputation, needing to dress more professionally, more reviews and monitoring of my work, a stuffier business climate, and hellish work politics. I've never applied for an OGC position in my part of gummint.

Oh and there's no gym nearby. With no gym near my home I'm going to lose a lot more time working out.

Last night we went to brew night at zoo lights, starting with a beer in my flashing-light tumbler from the brewer's art, and then cascading into today's hangover. I'm at Veronica's with her best friend crashed in the living room so I can't even salve myself with coffee. I suspect we'll all be hurtin'

Date: 2016-12-03 01:20 am (UTC)
legalmoose: (Default)
From: [personal profile] legalmoose
Well, damn.

Date: 2016-12-03 01:55 pm (UTC)
From: [identity profile] anarcha.livejournal.com
I'm really sorry. Though I know you say that you'll probably have a soft landing, this still sucks.

Did they try to claim work product privilege for the work of the agency reps?

Date: 2016-12-03 02:01 pm (UTC)
From: [identity profile] vicar.livejournal.com
I believe so - we've made the argument many times in many ways, and that's part of the analysis. I don't know the details but have faith that it was vetted through OGC. Although they didn't actually help, they gave input when a litigant reported me to my local bar assn

Then again, they were worthless and I wound up answering their questions more than the converse. Perhaps that's part of the problem - but hey, a chance to be a star?

Date: 2016-12-04 04:59 pm (UTC)
From: [identity profile] shutterbug.livejournal.com
Yikes, I'm sorry. I'm hopeful that you'll be just fine, but the instability and unknown is always hard.

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