Three years after a federal arbitrator had found that the Broadcasting Board of Governors violated the Negotiated Labor Management Agreement and the United States Information and Exchange Act of 1948 (Smith-Mundt), the same arbitrator has told the Agency what it must do to “make things right.”  In a ruling dated June 15, 2010, Arbitrator George E. Marshall has ordered the Agency to open all vacancy announcements to U.S. citizens ONLY and, if no suitably qualified applicants are found, the vacancy announcement can then be advertised for U.S. citizens and non-U.S. citizens.  The ruling said, in part, “If any U.S. citizens are deemed suitably qualified for a position (even if a non U.S. citizen is also qualified) … the U.S. citizen must be hired.”  

The ruling also orders the Agency to cease its misinterpretation and misapplication of Smith-Mundt and provide members of the bargaining unit – U.S. citizens - employment and promotional opportunities.  

This case involves several employees who had said they were passed over for promotion in favor of non-U.S. citizens.  The Smith-Mundt Act clearly states that practice is illegal.  

For three years, AFGE Local 1812 has been trying to develop a remedy with the agency through negotiations however the Agency did not provide reasonable proposals.  

If the Agency appeals - and we suspect they will – it speaks volumes about its commitment to the fair treatment of those of us who toil in the trenches everyday.  We hope this time the Agency will stop its misinterpretation of the law and will stop its incessant denial of the obvious.

If you ask the Agency for an explanation, you’ll hear nearly incomprehensible arguments such as this:  we hired her/him and promoted her/him because we know s/he will eventually become a U.S. citizen.  That makes as much sense as applying for a job to drive an 18-wheeler by promising a prospective employer that you’ll eventually get your commercial driver’s license.  In the real world, such things do not happen.  

This Agency lives in a world where the law simply does not apply, except when it wants it to.  All the while, it punishes the “little people” for not respecting and obeying the law.

Agency management demands respect.  If it wants it, it should stop cherry-picking which laws it chooses to obey and which ones it applies with an even hand.

At a time when the unemployment rate in this country has hovered near the 10 percent level for months, it’s nice to know that an arbitrator is standing up for the rights of citizens.