Unity Saves Many Army Reserve Technicians from

As a direct result of the combined actions of consistent letter writing/lobbying of technicians throughout the country, friends of technicians, and members of AFGE Tech Council 164, several Congressional representatives and their staffs became both actively involved and concerned as did some selected USARC/OCAR/DOD representatives. The results are: We succeeded in preventing the mandatory retirement/separation of all non-dual status/status quo technicians under the age of 60 scheduled to begin 5 April 00.

The positive actions taken to obtain this result began as early as APR 99 by members/officers of AFGE Tech Council 164 immediately following the agreement of House Authorization Committee members to enact into law provisions which would force into mandatory/retirement all non-dual status technicians eligible for an unreduced annuity. We immediately contacted technicians nationwide and this began what I consider one of the most successful massive letter writing/ lobbying efforts I have seen during my career.  It than took almost one year of active involvement of many to bring this result!! 

While this accomplishment could not have been achieved without the combined effort of all, there are several individuals in my view who deserve special recognition. I wish to personally and publicly thank the following individuals:

First and foremost the technicians themselves throughout the country for refusing to be simply forced out the door. You deserve the most credit!! Had it not been for your immediate actions success would not of been possible.

Congressman Abercromie - who joined out fight when first notified by his constituency and AFGE, and who contributed immeasurably to bringing about this change. He personally spoke to many members of Congress on our behalf. 

Michael Velesquez - legislative assistant for Congressman Abercrombie who supported and worked continuously with both AFGE and many other legislative assistants. He was successful in obtaining the full support of his boss as well as other legislative assistants. His positive actions were instrumental in bringing change.  

Chaz and his fellow technicians from Pennsylvania whose trips to DC, letter writing and constant phone calls were instrumental in gaining the support of both Congressman Murtha and Mollohan. Their efforts played a vital role in obtaining change. 

Carmen Scialabba, legislative assistant for Congressman Murtha whose persistence in seeking resolution was instrumental in obtaining the agreement by DOD/ DA / USARC/OCAR, and the Congress to the current plan which negates the mandatory retirements/separation of those technicians under 60 years of age. 

Congressman Murtha, who unquestionably has since the early 70's been a friend to the technicians. 

Sam Potent, an Army Reserve member of the 804th Hospital Group whose tireless efforts which included hours of lobbying and continuous phone calls to both staff members and congressional representatives contributed significantly to obtaining the supporting of both Congressman Meehan and Senator Kennedy. 

Congressman Meehan and his staff members who constantly sought and obtained support from other Congressional members and who became part of out team immediately in April 1999. 

Senator Kennedy who when advised of all the negatives resulting from NDAA 2000 joined our team and obtained support from other congressional members. 

Two individuals who definitely are to be considered friends and supporters of all technicians (who choose to remain anonymous). One of which whose continuous involvement provided personal guidance/direction to me necessary to open the right doors. The other who's tireless lobbying efforts behind the scenes resulted in obtaining support from both Congressional and DOD representatives.  

To me, this is what unity is all about! My sincere thanks go out to all that united to make this change possible! 

With that said, allow me to explain how this change will actually be implemented. On 5 April 00, those under 60 year s of age who were previously scheduled for separation will still be separated. This is current law and cannot be changed. On 6 Apr 00, those who do not desire to retire or remain separated will be rehired/reinstated as temporary employees and will remain as such until Congress passes the 2001 Authorization Bill provided they do not reach their 60th birthday. 

(Congressional representatives have indicated in writing to the Secretary of Defense that they will be working to revise the mandatory retirement to age 60 in the FY2001 NDAA). 

For those under 60 who reach eligibility for an unreduced annuity subsequently to 5 Apr 00 but prior to passage of NDAA 2001, these same procedures will apply!!  Following the passage of NDAA 2001, these individuals will be regained as permanent employees until such time as they reach age 60 at which time they will be required to be mandatory retired or separated. 

It is extremely important that all are made aware of two facts:

1. As temporary employees, these individuals will retain all their benefits and applicable insurance provided they are rehired within three days.   Those currently on PPP, unless they opt to be removed from it, will remain on the program.

2. Those individuals who are not rehired within three days will, because of a break in service, lose benefit entitlements.  Therefore, it is imperative that all who desire/qualify to remain, ensure these actions are taken timely.

In closing, let me say that it is imperative that we remain united and all continue to being actively involved in any future actions necessary to oppose any future negative actions facing technician workforce.

While saving those technicians under the age of 60 was a major success, we failed to convince the Congress to eliminate the mandatory/retirement provisions for those that have reached or exceed age 60 and are eligible for an unreduced annuity. Congress is adamant that technicians must be dual status. 

While unsuccessful with Congress, I have no intention of simply ignoring these valuable individuals many of who have become my good friends. 

A final decision by the National Office of AFGE has yet to be made relative to possible litigation on behalf of all AFGE technicians impacted throughout the country. Unfortunately, until a decision is made representation will be somewhat restricted.  

We in District 2 are planning our own actions. Gary Harding, National Representative from District 2, Derick Thomas, National Vice President of District 2, and myself, meet in Washington DC two weeks ago and discussed this issue extensively. Gary and I met again in Atlanta last week and decided that for those District 2 AFGE bargaining unit members as well as some AFGE dues paying supervisors we plan on pursuing several third party litigation actions on behalf of those ages 60 or greater who are being separated. While at this time we do not believe we will be able to oppose all removals, there are several categories of removals which we intend to pursue through possibly MSPB, EEO, and arbitration on a case by case basis. 

Those affected employees who are choosing separation rather than retirement from District 2 who desire to oppose their separations are reminded once again that they must contact us immediately. We must know the date you are scheduled to be separated, whether you are Pre70/post 70, whether you signed a condition of employment statement, your current position and age. 

For those in Local 1900, you must contact me immediately. 

Extremely important is the fact that in order to be part of any future litigation, you must be separated and not have chosen retirement and must both designate your representative in writing and reply back in opposition to the advance written notice of separation within 15 calendar days of receipt to the proposing official! You must contact me NLT Tuesday and together we will discuss your response to the proposed action to remove you. 

For those in other AFGE locals in District 2, you must contact Gary Harding or your AFGE local President immediately.  

As President of AFGE Council 164, I strongly recommend that each local outside of District 2 consider taking the same actions on behalf of their members, which we in this District will be pursuing. 

Should the legal department of AFGE National reach a decision, to pursue this issue on a National basis, you will be advised provided you are currently represented by an AFGE local.

To insure all receive this information I ask that each and every technician desiring this information send me your EMAIL address.