Thanks to AFGE’s hard work, the Senate dropped all anti-worker provisions AFGE opposed in its final version of the Big Retaliation Bill released June 27. But the fight is not over as the Senate is still considering amendments to the bill.
The provisions AFGE lobbied against and were eventually dropped from the bill include:
- At-will employment. This provision would have made future federal employees at-will and forced them to pay 9.4% toward retirement, or 14.4% if they want to retain their civil service rights. As at-will employees, they won’t have civil service protections against unfair treatment and disciplinary actions such as due process, protection against discrimination, and rights to organize and join a union.
- 10% charge on union dues. This provision would have imposed a 10% tax on all union dues collected through payroll.
- Charge for official time and office space. This provision would have required unions to pay the entire cost of official time for union representatives, including salary and benefits, plus all union office space and resources. Unions that cannot pay would be debarred.
- MSPB filing fee. The provision would have imposed a $350 filing fee for claims and appeals filed with the Merit Systems Protection Board (MSPB).
At the urging of AFGE, the Senate parliamentarian earlier ruled that most of these provisions violated the Byrd rule, which prohibits non-budgetary provisions and policy changes in a reconciliation bill, a streamlined process that makes legislation easier to pass in the Senate. In the end, the only provision dropped based on a parliamentarian ruling was the MSPB filing fee. Republicans dropped everything else on their own due to internal opposition.
AFGE President Everett Kelley thanks pro-federal worker Democrats and Republicans in the Senate for their unwavering support.
“I want to personally thank Democratic Leader Charles Schumer, D-N.Y., and Ranking Member Gary Peters, D-Mich., for their tireless work to disqualify bill provisions that would have forced federal employees into at-will status, cut their take-home pay, and siphoned off their hard-earned union dues,” said Kelley. “Without their efforts – and those of pro-federal worker Republicans – this bill could have been the death knell for the U.S. civil service.”
What will happen next?
The Senate is still debating amendments to the bill and could vote on it again as soon as June 30. It could still adopt one of the three amendments offered by Sen. Joni Ernst, R-Iowa, that would effectively end federal unions’ use of official time and threaten the future of unions to perform their mission to represent federal employees in the workplace.
The AFGE Legislative Department has been fighting her amendments all weekend, and we are hopeful none of them will be adopted, but anything is possible between now and the end of the day.
After the bill passes the Senate, it will be sent to the House to be reconciled with the House version of the bill. Both chambers will have to vote again for final passage of the bill. AFGE has successfully removed major anti-worker provisions from the House bill:
- FERS increase to 4.4% for all employees. This provision would have required all federal workers regardless of when they were hired to contribute 4.4% of their paychecks to the Federal Employees Retirement System.
- High 5 instead of high 3. This provision would have significantly reduced pension amounts by changing the way pensions are calculated from their three highest-paid years to their five highest-paid years.
- Unchecked reorganization authority. This provision would have allowed the administration to unilaterally reorganize and shut down agencies created by Congress without congressional approval.
- At-will employment. The provision would have charged new federal employees 9.4% of their salaries unless they permanently renounce their labor protections under Title 5 and become at-will employees.
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