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Federal Circuit Sides With Disabled Vets on Excepted Service Positions

Disabled Veteran's Victories

Prof
Small College
Tue Dec 30, 2008 7:09 AM

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This is another small step by disabled veterans in the long march to enforcement of veteran's preference laws. Veteran preference laws have been evaded and ignored for decades in order to hire affirmative action babies. Disabled veterans have earned the right to preference. Affirmative action babies have not earned any right. Disabled veterans are 85% white males. They upset the affirmative action apple cart. We keep chipping away (and will continue) at government sanctioned and enforced discrimination.

Re: Disabled Veteran's Victories

Diversity Manager
DOL
Tue Dec 30, 2008 10:21 AM
I couldn't diasagree more prof, there are just as many slackers in the diabled vets camp as there are in normal cs ranks. Where do you get 85% white disabled vets.

Re: Disabled Veteran's Victories

Human Resources Specialist
NASA
Tue Dec 30, 2008 10:25 AM
I would also like to express the intent of the original law was to afford veteran's preference in hiring for their first Federal position, NOT EVERY POSITION thereafter. You may believe I'm anti-Vet Preference but I am not, as I also am a Veteran and proud of my service to the United States; however in my career I've seen too many people using Vet Preference as a mechanism to perpetually apply and be selected for temporary/term/and permanent positions. Vet Preference should be allowed only until the Veteran receives a temporary position lasting 1 year or more OR a permanent position. After that, selection for other positions should be based upon MERIT! I also believe this should be true for Spousal Preference within DoD.

Re: Disabled Veteran's Victories

Nameless, Faceless Nobody
DOD
Tue Dec 30, 2008 11:14 AM
just what is your connection to Federal service? Are you a vet? Are you retired from civil service and now at a small college teaching? Have you ever worked for the government? Are you from a service family and so know the score from having grown up with the experiences that service "brats" garner? Have you lived in a foreign country? Have you ever worked with the knowledge that you are supporting a warfighter? or others needing government services?

Why do you choose to play in this playground, Prof?

Re: Disabled Veteran's Victories

Diversity Manager
DOL
Tue Dec 30, 2008 6:17 PM
dear NASA where do you read that in the legislation? The reason for the case was some clerk in personnel decided that he could interpret what the law says, kind of like judges legislating from the bench. The clerk had no basis for their interpretation other than the normal bias exhibited by personnel towards vets.
I do like the term that merit should be the only criteria for promotion... oh realllly.. how about the quota system of underrepresented minorities who continue to get quota preference their entire career. At least this guy did something for his country and not by accident of birth

Re: Disabled Veteran's Victories

Diversity Manager
DOL
Tue Dec 30, 2008 6:21 PM
Prof some wanna bee's try post as me so please accept my apology. You are correct 85% of the disabled vets are white. One only has to look at the composite of combat arms to see the demographics.
Of course we have the normal standard bearers who would diminish your right to post, even though you and I defended their right to the 1st amendment while the landcrabs sit on the sidelines

Re: Disabled Veteran's Victories

Wkr
Navy
Wed Dec 31, 2008 7:54 AM
Diversity, stop the rhetoric. No one in their right mind would post a comment and claim to be you. You give yourself away with the terms you use. Give up.

Re: Disabled Veteran's Victories

Prof
Small College
Wed Dec 31, 2008 2:56 PM
Div Mgr: I pay no attention what 99% of these people write. I look at the title some of these, for lack of a better word, losers identify themselves with. The title says it all. They howl and attack, but never address the issues presented. Welcome to federal la-la land.

Re: Disabled Veteran's Victories

Diversity Manager
DOL
Wed Dec 31, 2008 5:57 PM
Prof when did you get fired from your cush government job? Your contempt for cs is all much as bad as mine.

Excepted Service positions

Analyst
VA
Tue Dec 30, 2008 8:14 AM

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I can't believe this is the only time this has come up, disabled Vets have been passed over for as long as I can remember. It happened to me and I was even told I couldn't be hired because I was disabled. This is nothing new.

Prof you are wrong

IT Specialist
USDA
Tue Dec 30, 2008 8:18 AM

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bitter, maybe, but wrong. What is an agency to do now that knowledgeble HR staffs are nowhere to be found & they end up with a register with unqualified or ineliglble vets? It is bad for both the vet and the agency. If you require someone who can get a high level security clearance, but they get a vet with a criminal record (and that is happening a lot lately), what are you supposed to do? What if the job is 75% travel and the vet indicates on an application that they will not travel, then what? How about if you need 24 hours of accounting (to be a auditor) but the applicant never graduated from High School? They never should have been on the register in the first place. The process is supposed to be "all other things being equal, select the vet", but that seems to be lost. Back when we had a staff who correctly placed people on registers I rarely saw problems. Now, it is a big mess.

Re: Prof you are wrong

Budget Analyst
Garrison
Tue Dec 30, 2008 2:27 PM
Doesn't the VET have to qualify for the job before he is placed on the list? If so, he's already been rated as qualified by personnel. The only difference is that his name goes to the top of the list because of he is a VET. I don't think VETS would automatically be placed on every job they applied for - right?

Re: Prof you are wrong

HR Specialist
NASA
Wed Dec 31, 2008 12:27 PM
All applicants, veteran or not, (5 point, 10 pont, or 30 percent or more disabled) minority or not, must meet the MINIMUM qualifications to be placed on a referral to the selecting supervisor. That's the law. The post about not being qualified is in error.
However, veterans with a 30 percent or greater disability float to the top, even with a low score such as would be given to someone meeting only minimum qualifications. That's the law.
The problem is that other candidates with MUCH BETTER hands on experience, specific training on computer languages, etc. may have a score of a 90 vs what would be a score of only 70, and be blocked by the disabled veteran. That's the law that supervisors try to get around, because they don't want to face months or years of training a candidate who meets only minimum qualifications, when they can get someone who can hit the ground running.
The OPM left loopholes that are used (too) frequently, and the judge said it needs to stop. Good Luck!

Re: Prof you are wrong

IT
Disabled VET
Sat Jan 3, 2009 4:27 PM
HR Specialist, how do you suggest stopping supervisors that try to get around the laws and OPM practices?

Re: Prof you are wrong

HR Specialist
NASA
Tue Jan 6, 2009 5:14 PM
1. Provide leadership from the top. If Bush had some disabled vets in wheelchairs rolling around the Capitol or the Whitehouse, then some of the so-called supporters of Veterans might decide that they should give hiring Veterans more than lip service. That did not happen under past administrations, and may never happen because wounded soldiers/marines are an unpleasant truth politicians don't like to face.

2. Change the leadership (starting with the President) if Veterans are not promiently employed in the Agency or Department.

3. Improve rehab funding and scholarships for disabled veterans (double/triple, you are the tax payer) so the Veterans will have the skills needed to be better candidates/be more attractive to selecting supervisors.

4. Discipline or possibly fire the managers who are guilty of violating the law. This is a situation where you will need to have a "smoking gun" proof, which is too often too hard to find.

VEOA

Asst Director
US DOL/VETS
Tue Dec 30, 2008 8:50 AM

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Under VEOA how can OPM pass over a qualified special disabled veteran for a competitive or excepted service position.

Re: VEOA

Program Analyst
OPM
Tue Dec 30, 2008 10:35 AM
It is not easy (there are several steps involved), but it is possible to pass over a CPS Veteran claiming 30% disability. CPS Veterans are wrong to think that they are untouchable and cannot be passed over for someone else. Like I said, it is a very tedious process, though, to try to select someone else if a 30% Veteran has applied.

Re: VEOA

Employee
FED
Tue Dec 30, 2008 6:16 PM
I am a 30% cps vet with a B.A. and was passed over recently by DOL for a non-veteren who works with me. Explain that? Not only did I qualify, but I was highly qualified. The person who received the job did the same type of work I do.

Re: VEOA

Diversity Manager
DOL
Tue Dec 30, 2008 6:26 PM
It should be tedious the law was written so that vets are first at the table because they have "contributed" to this country. Program analyst just what have you done for this country except to feed at the taxpayers trough??

Re: VEOA

Program Analyst
OPM
Mon Jan 5, 2009 12:26 PM
Diversity Manager: Why are you picking on me? I merely stated a fact...you don't like it, too bad! Though, your other comments on here are just as dumb. If you have such a contempt for public service, then why do you work for DOL?

Re: VEOA

Military Vet
Self
Thu Oct 15, 2009 7:45 PM
Is there a way to find out if the agency complied with OPM on the pass over of a CPS Veteran claiming 30% disability or more? in my case the issued a new cert without me the vet prior to my 15 day response period. which would allow them to veiw that new cert without me.

Personnel Laws

Supervisory Auditor (Retired)
DCAA
Tue Dec 30, 2008 8:56 AM

Post Reply

DCAA routinely manuevers around the personnel laws. A woman supervisor (non-Vet) bragged to her team of auditors how she avoided hiring veterans. This was somewhere in Indiana. Usually the scheming is done quitely and secretively. Human resource personnel are pawns for management in DCAA. The DCAA Regional and HQ offices bypass and manuever around the laws all the time for internal promotions. Unless an individual is willing to go through all the turmoil as the one in this article, DCAA gets away with it.

Re: Personnel Laws

Acountant, Retired gs 14
DOE, Albuquerque
Tue Dec 30, 2008 2:50 PM
When i was at DCAA there was a 200% turnover. They not only break OPM laws. they break the laws of nature. Of the 4 agencies i worked at, DCAA was by far the worse. They treat their people like s__t. Everyone I knew who worked for them hated the agency and management was inhuman. this is from a guy that recieved a promotion ahead of schedule and got a superior sustained performance award..

Re: Personnel Laws

auditor
dcaa
Thu Jan 1, 2009 11:06 AM
No one should be suprised, dcaa has never been in favor of hiring vets. With so many new vets the agency should be doing something to hire them.

How do you know?

professional
opm
Tue Dec 30, 2008 9:02 AM

Post Reply

Nowhere does it say that the persons hired were "affirmative action babies" or that they were of a minority group. It's presumptious to think it. May be they were just more qualified and had desireable qualities for which the hiring official was looking. I have no problem with veterans getting a preference for getting on a cert but I have a problem with them having to be hired just because of that preference, even when they are not as qualified or well-suited for the job. And before anyone writes ugly replies--yes, I'm a veteran.

Re: How do you know?

Diversity Manager
DOL
Tue Dec 30, 2008 6:29 PM
Its only your opinion as to whether someone else is more qualified comply with the law or leave

Re: How do you know?

professional
opm
Wed Dec 31, 2008 9:07 AM
to Diversity Manaer

Of course it's only an opinion...ultimately every hiring official makes a decision based on their opinion and best guess as to who will be the best qualified for the job

Re: How do you know?

Prof
Small College
Wed Dec 31, 2008 3:09 PM
OPM Pro: It this type of opinion by you (not substantiated in statute or government wide regulation) that is slowly being rooted out. Read Kirkendall, Dean, Gingery, Augustine, Abrahamsen just to name a few. We win more each year. If an applicant has to be given something extra in order to qualify then the individual is less qualified than a person who does not require the discriminatory extra. Ego, affirmative action babies. You are the standard for OPM. Hire the less qualified for diversity. People such as I, and others, will continue to file MSPB complaints and federal court cases and appeals. Veterans have earned their preference.

Re: How do you know?

Diversity Manager
DOL
Wed Dec 31, 2008 3:22 PM
No that's not the purview of personnel clerks to prejudge. There job is to comply with the law and then get out of the way. Too often OPM and HR clerks believe that they are important and get in the way of the actual employer and try to determine who is the "best " qualified that ain't their job

Kudos to the Vet!

Personnel Officer
Commerce
Tue Dec 30, 2008 9:05 AM

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The President and Congress have made promises to our men and women who defend our country for OUR freedom, that when they return from war they can have preference for a Federal Government job. Rightfully so! We need to change our management culture, please remember they must be qualified to do the job. We have a new generation coming home from war and they need to be gainfully employed. Every job in the government, competitive or excepted should be subject to veterans preference, NO exceptions! Does that mean all jobs must be announced? probably! So be it!

If I had it my way, I'd have two types of jobs in the government..... Permanent and Temporary and everybody competes for it. I know that is over simplistic (for illustration purposes). We now have over a hundred different appointing authorities, each with their own set of rules and exceptions to the rules, crazy eh? I'm surprised we don't have many more violations with as many rules and regulations we have now.

Re: Kudos to the Vet!

Budget Analyst
Garrison
Tue Dec 30, 2008 2:35 PM
I AGREE. I've worked as a DoD civilian for almost 30 years and have no problem with vets receiving preference. My job wouldn't even exist if it wasn't for them.

I read an article that stated private industry prefers hiring vets (disabled or not). They consider them dependable, dedicated, loyal and very hard workers. Maybe the feds should look to private industry for guidance.
Total Comments: 65
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