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Is this the solution ?? (Original Post) kentuck Jan 2019 OP
An illegal walkout/work stoppage. guillaumeb Jan 2019 #1
Absolutely! kentuck Jan 2019 #3
They will be fired, and lose all benefits and pension obamanut2012 Jan 2019 #4
Meaningless. kentuck Jan 2019 #6
didn't a court already rule on this? Hermit-The-Prog Jan 2019 #21
How long will airports be shut down while new agents are hired/trained? mcar Jan 2019 #16
You just posted the real facts. Wellstone ruled Jan 2019 #20
True, but reporting for work is covered. guillaumeb Jan 2019 #5
Well, there is nothing that can prevent this... Dan Jan 2019 #10
True, but agencies have rules governing unscheduled absences. guillaumeb Jan 2019 #14
Then maybe, we as a nation Dan Jan 2019 #23
Agreed. A sympathy strike? eom guillaumeb Jan 2019 #24
Seems to me that the federal government has invalidated its own regulation/law in this instance KPN Jan 2019 #30
I am not an attorney either. eom guillaumeb Jan 2019 #34
When you aren't being paid do the laws apply? sarcasmo Jan 2019 #33
The Code of Ethical Conduct applies to behavior on and off duty. eom guillaumeb Jan 2019 #35
If I'm not being paid, the employer has violated the Ethical Conduct code. sarcasmo Jan 2019 #36
I understand your frustration. guillaumeb Jan 2019 #37
My Dad was GM 35 years (electrician) I know he would have never worked with no pay. sarcasmo Jan 2019 #41
Depends on what law you are breaking. In this case, are you actually an "employee" if you are not KPN Jan 2019 #38
They may have a case. safeinOhio Jan 2019 #2
Many people no longer have money for day care for kids, money for food or malaise Jan 2019 #7
The government broke its contract with these workers. kentuck Jan 2019 #8
I agree malaise Jan 2019 #11
Strikes are illegal for Federal employees. eom guillaumeb Jan 2019 #15
The 13th amendment makes being forced to work without pay illegal scheming daemons Jan 2019 #25
+1 Crutchez_CuiBono Jan 2019 #26
Exactly. The government has a legal responsibility to remunerate its employees for their labor that KPN Jan 2019 #31
Here's a good read malaise Jan 2019 #9
Thanks for that link! kentuck Jan 2019 #12
I love that she differentiates between striking and striking for withdrawal of pay malaise Jan 2019 #17
Remember the air traffic controllers strike? jeffreyi Jan 2019 #13
That was not about withdrawal of pay malaise Jan 2019 #18
Bingo! Breach of implied contract on the part of government. KPN Jan 2019 #32
Has there been a battle since Reagan? kentuck Jan 2019 #19
Just saying jeffreyi Jan 2019 #22
I'm sure many if not all of them are applying for jobs. greymattermom Jan 2019 #27
What would the Kennedys have done? Crutchez_CuiBono Jan 2019 #28
"Being paid for work done" should be a basic stipulation in their contract. dubyadiprecession Jan 2019 #29
As a former gov't worker 2naSalit Jan 2019 #39
I'm just stunned that payment for services rendered TexasBushwhacker Jan 2019 #40
It is not. Not even mentioned. 2naSalit Jan 2019 #42

guillaumeb

(42,641 posts)
1. An illegal walkout/work stoppage.
Wed Jan 16, 2019, 08:30 PM
Jan 2019

Generally prohibited by law, agency specific contract, and the Code of Ethical Conduct.

kentuck

(111,103 posts)
3. Absolutely!
Wed Jan 16, 2019, 08:33 PM
Jan 2019

But I would bet you a dollar that it doesn't say in the contract that the workers have to work for nothing.

Wanna bet?

obamanut2012

(26,080 posts)
4. They will be fired, and lose all benefits and pension
Wed Jan 16, 2019, 08:35 PM
Jan 2019

They also cannot picket, except for informational picketing on their days off.

kentuck

(111,103 posts)
6. Meaningless.
Wed Jan 16, 2019, 08:38 PM
Jan 2019

Because they are not being paid to be there. They would have to take it to Court. But, sometimes you have to take a stand. You cannot be a rug and let people walk all over you.

mcar

(42,334 posts)
16. How long will airports be shut down while new agents are hired/trained?
Wed Jan 16, 2019, 08:51 PM
Jan 2019

during a shutdown when there is no new hiring/training?

 

Wellstone ruled

(34,661 posts)
20. You just posted the real facts.
Wed Jan 16, 2019, 09:43 PM
Jan 2019

They would be fired and all pensions and other rights would be gone at the time of dismissal.

guillaumeb

(42,641 posts)
5. True, but reporting for work is covered.
Wed Jan 16, 2019, 08:37 PM
Jan 2019

And failure to report triggers a charge of "failure to maintain a regular work schedule".

Speaking as a retired Union representative with 33 years of experience.

Dan

(3,570 posts)
10. Well, there is nothing that can prevent this...
Wed Jan 16, 2019, 08:45 PM
Jan 2019

I show up for work, and within 20 minutes, I feel sick and I have to go home...severe case of something....

guillaumeb

(42,641 posts)
14. True, but agencies have rules governing unscheduled absences.
Wed Jan 16, 2019, 08:49 PM
Jan 2019

And a supervisor might mandate that the employee return with appropriate documentation.

KPN

(15,646 posts)
30. Seems to me that the federal government has invalidated its own regulation/law in this instance
Thu Jan 17, 2019, 12:24 PM
Jan 2019

by not providing remuneration to its workforce for labor. It's possible a lawsuit against (enjoining) enforcement of the law in this instance could well be successful. I'm not an attorney though.

guillaumeb

(42,641 posts)
37. I understand your frustration.
Thu Jan 17, 2019, 12:46 PM
Jan 2019

But I was a Union Representative for over 33 years in a Federal Agency, and my replies simply reflect how employee conduct is regulated.

KPN

(15,646 posts)
38. Depends on what law you are breaking. In this case, are you actually an "employee" if you are not
Thu Jan 17, 2019, 12:49 PM
Jan 2019

being paid for your labor?

malaise

(269,054 posts)
7. Many people no longer have money for day care for kids, money for food or
Wed Jan 16, 2019, 08:40 PM
Jan 2019

money for gas. No one could make me work without pay.

KPN

(15,646 posts)
31. Exactly. The government has a legal responsibility to remunerate its employees for their labor that
Thu Jan 17, 2019, 12:30 PM
Jan 2019

it has failed to live up to. Wouldn't that breach of implied contract ordinarily negate reciprocal obligations on the part of employees?

What stands in the way of doing this is not that there is a good legal case for employees not reporting to work until they are paid for prior work periods, it's that whoever does that is taking a risk that Trump will pull a Reagan and fire whoever does that and that a court at some level (read: SCOTUS) may find in the "government's" favor. That is why this needs to be a massive if not universal walkout/strike.

malaise

(269,054 posts)
17. I love that she differentiates between striking and striking for withdrawal of pay
Wed Jan 16, 2019, 08:51 PM
Jan 2019

The Con will lose this one in court.

jeffreyi

(1,943 posts)
22. Just saying
Wed Jan 16, 2019, 11:35 PM
Jan 2019

My opinion: If they walk off the job, they will be fired, with great glee and much publicity. I don't know what they should do. I'm all for a country shutdown...national strike... myself, somehow get some purchase on the bastards, but do not know how this can be pulled off. I think their intent is government wreckage, the wall is an excuse. This must have been planned for awhile. Next step...a war? Economic ruin?

greymattermom

(5,754 posts)
27. I'm sure many if not all of them are applying for jobs.
Thu Jan 17, 2019, 12:06 PM
Jan 2019

And maybe some will walk off when they get something else. So, are they training new TSA agents during the shut down?

Crutchez_CuiBono

(7,725 posts)
28. What would the Kennedys have done?
Thu Jan 17, 2019, 12:17 PM
Jan 2019

We don't know bc they were murdered in cold blood for trying to do the right thing. Why is it always the Democrats who suffer the hard/heart rending lessons? But we give a shit about dons alleged 'base'? Ever notice how the president thinks he's entitled to get all his "campaign promises" but Ds always have to somehow bend down their expectations or not get them at all? Who says a pres gets to enact all his campaign promises? Especially when the basis for his supposed election is fraudulent? How is 1/3rd of the vote and cheating a mandate for anything? Why is America going along with this everyday? It's our own fault for not stopping him. A nationwide work stoppage would force answers VERY VERY quickly. You can bet. According to the unemployment numbers...theres jobs all over and not enough people to fill them....but we worry they will fill these? I thought everyone was happily employed in this nation? Folks I know who work for the TSA are far from Liberal, and got hired intitially under Bushes war mongering. Maybe some Ds will finally get hired? We ARE 2/3rds..at least. If they were 2/3rds...they'd be in the streets burning shit down for not getting whatever the F they want. At least we should get out there and put feet on the ground and get loud about this. The longer he gets to have a tantrum and the nation makes it ok...it's on all of us. We aren't his property and neither is our govt. Wonder what the pay scale is in russia? Better check bc it's coming to a job near you. Then all this doesnt mean anything anyway. At some point, we need to move on our gut feelings. IMHO.

dubyadiprecession

(5,714 posts)
29. "Being paid for work done" should be a basic stipulation in their contract.
Thu Jan 17, 2019, 12:19 PM
Jan 2019

This might prevent dipshits like trump from shutting down the government in the first place!

2naSalit

(86,647 posts)
39. As a former gov't worker
Thu Jan 17, 2019, 12:55 PM
Jan 2019

in three different agencies, there is language in your employment agreement which states that such activities will be met with removal of employment and benefits. You can quit and you can try to strike but you have signed on, much like joining the military, agreeing to these conditions and rules. There are big consequences for not adhering to them that follow you around, which ain't good if like civil service work. You sign away some of your regukar citizen rights when agreeing to work in civil service and you take the oath of office and you are expected to honor the agreement or face federal consequences.

I had a friend once who was a PATCO employee and was fired by RonieRaygun, he suffered for many years for that. And he was in Vietnam before that.

It his hard to be employed by the government and find ways to participate in civil disobedience.

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