Blantant Fraud, Waste, And Abuse Still Ongoing At WBDOC – And Bears Too

By PPRN News Staff

This is a follow up to the story we ran on April 20, 2012 entitled, “Social Security Administration letting tax dollars go up in smoke“, and it seems as though nothing has changed.

Pat, the Social Security employee who first alerted us to the problem and later verified by other employees, sent us this email:

“Hi again! Sorry to bother you but it’s gotten worse, and to the point I’ve put in my retirement papers. I can’t handle the stress anymore. It’s making me sick just to walk in the place.  In fact, the lady who handles retirements is overwhelmed with requests.

We were sent a couple of emails about the smoking. One was from the head of our Local, and the other was from Baltimore management. The union gal had said she was against the smoking ban, and the other email was about the ban and how people can’t leave the property to smoke outside the break and lunch times (and they ignore that too). I’ve added them to this email.

Hope all is good with you guys. That article went around here and people were talking about it in whispers. Alot of them said it was spot on and others were blaming people for talking. I knew it was going to happen. Thanks for protecting my identity like that.”

Pat provided PPRN News with the emails that were sent to SSA employees from the head of the local union, AFGE Local 2809, Gloria Hartman which in part stated:

“As many of you have heard, when the 2012 AFGE/SSA Contract goes into effect on July 16, 2012, there is a ban on smoking on SSA property. This is included in Article 9 Section 16.

I would like you to know, as a smoker, I did not agree to this. In the Ratification Meeting on June 6, 2012, I recommended we vote “no” to ratifying the contract because of this issue. All in attendance agreed and voted to NOT RATIFY the conceptual contract.

…

To accept the contract, the majority of components must vote “Yes” to ratify. The Field Offices/TSR’s, Office of Quality Review, Office of Disability Adjudication and Review, and PSC’s all voted to ratify the contract. Therefore, the contract was accepted.” (emphasis added)

The management’s email read:

“As a result of the 2012 National Agreement, smoking will be banned on any SSA-controlled property or premises effective Monday, July 16, 2012. 　This includes stand-alone facilities such as the Headquarters (Baltimore, MD) complex, the Wilkes-Barre Data Operations Center, the Birmingham SSA Center, etc. It also includes stand-alone Field Offices and Hearing Offices. The policy does not apply to facilities where SSA offices are co-located with other federal or private organizations. At these locations, the General Services Administration (GSA) or state regulations will continue to apply. This policy also applies to members of the public, as well as all SSA employees and its federal contractors.

As a reminder, there are no contractual provisions for “smoke breaks.” Absences from the workplace related to smoking will be treated as any other absence from the workplace.” (emphasis added)

A quick call to Pat confirmed that not only were the unauthorized breaks continuing, but they would as long as 15 to 20 minutes at approximately the same time as before the smoking ban was put in place, but there are some people who are returning back from scheduled breaks and lunches 5 minutes past the end of the break

A reasonable person may believe that the worker may be required to make up for time lost due to this unauthorized absence. Not so, according to Office of Personnel and Management rules which state:

“§ 630.206   Minimum charge.

(a) Unless an agency establishes a minimum charge of less than one hour, or establishes a different minimum charge through negotiations, the minimum charge for leave is one hour, and additional charges are in multiples thereof. If an employee is unavoidably or necessarily absent for less than one hour, or tardy, the agency, for adequate reason, may excuse him without charge to leave.

(b) When an employee is charged with leave for an unauthorized absence or tardiness, the agency may not require him to perform work for any part of the leave period charged against his account.

Pat also told us about the presence of a bear in the parking lot, further putting those smokers at an increased risk of harm.

According to federal guidelines , the issue that the smokers face is a legal issue, outside of the unauthorized absence from the workplace issue.

§3-4(A)

An employee who is injured on agency premises during working hours has the protection of the FECA unless engaged in an activity which removes him or her from the scope of employment. (emphasis added)

§3-4(B)

Off-Premises Injuries Coverage is extended to workers such as letter carriers, chauffeurs and messengers who perform service away from the agency’s premises. It is also extended to workers who are sent on errands or special missions and workers who perform services at home. (emphasis added)

Should a smoker, while on an unscheduled smoke break and off the property becomes injured, or killed by the bear, the worker’s compensation claim would be dismissed because the employee was negligent and away from the scheduled workplace. Most workers in the American workforce do not carry any form of temporary disability insurance, thus placing the employee in tight financial straits, including the possibility of their employment being terminated for flagrant disobedience.

In fact, Section 3-6 and subsection (A) states:

“Sometimes the circumstances of a case raise the issues of willful misconduct,intention to bring about the injury or death of oneself or another, or intoxication.If any of these factors is the cause of the injury or death, benefits are denied.Agency or OWCP staff must assert and prove these factors. (emphasis added)

A. Willful Misconduct
The question of deliberate willful misconduct may arise when the employee violated a safety rule, disobeyed orders of the employer, or violated a law. Because safety rules are established for the protection of the worker rather than the employer, simple negligent disregard of such rules is not sufficient to deprive an employee or beneficiary of entitlement to compensation. Disobedience of such orders may destroy the right to compensation only if the disobedience is deliberate and intentional as distinguished from careless and heedless. (emphasis added)

As was written in the previous story, the unscheduled absence means that the employee is also filing a fraudulent time sheet which could result in a felony charge in Federal Court.  But as we have seen with this President, laws are optional and like he, his agents can break them at their slightest whim.

Are you fed up with this flagrant disregard of rules by a government that has micromanaged our very lives? Would you like to tell those in charge how you feel when you learn of all of this fraud, waste, and abuse? Here is your chance!

Michael J. Astrue  (410-965-3120) is the Social Security Administration’s Commissioner, and Van Nguyen (410-966-700) is the Assistant Commissioner. If you support the right of the employee to leave their workplace for 15-20 minutes outside of normal break time, then by all means tell them. If you feel others, please let them know how you feel. We are to have an open and transparent government.

Let them know how you feel.

Read more: http://pprnnews.prepperpodcast.com/blantant-fraud-waste-and-abuse-still-ongoing-at-wbdoc-and-bears-too/#ixzz21PWCZTzb