HIRING PRACTICES IN APPEALS

Dealing with Third-Party Representatives

Stephanie, Jennifer, and Parween

Providence, RI

NAUIAP Conference June 2024

AGENDA

AGENDA

Introduction

• DOL overview on Merit Staffing Requirements
• Florida practices
• West Virginia Practices
• Brainstorm best practices
• Questions?

NAUIAP Conference June 2024 Hiring Practices

Presentation

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INTRODUCTION

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We all struggle with hiring. It’s tough. It’s competitive. How can we hire the best people and conduct the highest quality-hearings and issue the highest-quality decisions?

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We will tell you a bit about the requirements, and our ideas, and what we do. And we want to hear from you!

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MEET YOUR PANELISTS

DOL – Stephanie Jackson

Florida – Jennifer Sharp

West Virginia – Parween Mascari

NAUIAP Conference June 30, 2023 UPL Presentation

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MERIT STAFFING IN UI APPEALS

STEPHANIE JACKSON, U.S. DEPT OF LABOR (ETA)

QUICK ABOUT ME:

• Educational Background: Licensed Attorney (Oklahoma)
• Currently: Appeals Coordinator/Lead, USDOL (Dallas Region)
• Prior: Chief Hearing Officer, Oklahoma Employment Security Commission.

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In other words…

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I KNOW THE STRUGGLE

WHAT I’M HERE TO TALK ABOUT…

• What is Merit Staffing for LAA, and Why Does It Matter?

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• How Does it Affect Your Hiring and Retention?

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• Is Outsourcing a Thing? (Hint: Not Really)

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UI MERIT STAFFING, DEFINED:

• Employees are hired, promoted, rewarded, and retained based on individual ability and fitness for employment without regard to race, color, sex, religion, age, or national origin.

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• Covers UI employees who perform “inherently governmental functions” (i.e., deciding claims). Their direct supervisors must also be merit staffed.

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• Defined by Office of Personnel Management (OPM), enforced by USDOL.

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• Required for UI employees since 1940.

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• UI Grant funding is contingent upon state agency using merit staffing model.

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See 5 C.F.R. §900.603; Section 303(a)(1), Social Security Act (SSA); UIPL 12-01, Ch. 1, 2.

WHY MERIT STAFFING MATTERS:

In a word: Impartiality.

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• Certain UI employees who are required to be covered by a merit system must be able to administer the law in an unbiased, professional manner without undue outside influence and protections against coercion for partisan political purposes.

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• Because many decisions made by public employees affect the rights and property of individuals, these decisions must be made in a fair and unbiased manner that is consistent with the rule and intent of the law.

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• UI is a critical economic stabilizer. Impartiality is needed to assure not only that eligibility is determined properly, but that charges to the employer are proper.

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• Practically speaking?? Having Non-Merit staff perform governmental functions is a conformity issue – i.e. UI agency is placing its UI administrative grant at risk.

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WHAT IT MEANS FOR…

• Hiring.
• Treatment of all applicants, Hearing Officers and ALJs must be fair.

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• Recruitment, selection, and advancement must be based on ability, skill, and knowledge.

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• Compensation must be adequate and equitable.

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• Former Hearing Officers/ALJs (that were hired through the merit system) can be brought back for workload increases and laid-off during reductions.

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WHAT IT MEANS FOR…

• Retention of Hearing Officers/ALJs:
• Training employees as needed, to assure high quality performance.

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• Retaining employees based on the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected.

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• Assuring that employees are protected against coercion for partisan political purposes.

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• Removal should be for reasonable cause.

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WHAT ABOUT OUTSOURCING HEARINGS???

• Unless current federal law changes or is modified or suspended, no.
• Outsourcing is when the UI agency delegates certain activities to a third-party. It is generally permitted for commercial, non-inherently governmental activities.

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• Where you get the Hearing Officers/ALJs from (recruiting-wise), is less important than who they report to. They must be employees of the government (and not say, a staffing agency).

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• Hiring flexibilities were waived during the pandemic for several months March 27, 2020, to September 6, 2021.

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• Outsourcing permissible, even for higher authority appeals (even though HAA does NOT have to be merit staffed).

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QUESTIONS??

Resources��UIPL No. 12-01�https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=1736 ��UIPL No. 12-01, Change 1�https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2558 ��UIPL No. 12-01, Change 2�https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8998 ��*and*��Your friendly USDOL Regional Office Appeals Coordinator��

My Contact info:��Jackson.stephanie.d@dol.gov�

Thank you!

Jennifer Sharp, Esq., CPM., Chief of Appeals

Office of Reemployment Assistance Appeals

FLORIDA HEARING OFFICER REQUIREMENTS

Minimum Requirements:

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• A bachelor’s degree from accredited university or college
• Professional or nonprofessional experience in areas related to employment security, legal or administrative experience, or reemployment assistance policy may substitute on a year-to-year basis for the preferred college education

Preferred:

A Juris Doctorate from an accredited college or university

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Bar Membership Not Required

ADDITIONAL FLORIDA REQUIREMENTS

• Knowledge of Reemployment Assistance (unemployment  compensation) law and rules, court rules, and applicable court cases.
• Knowledge of the principles and techniques of effective verbal and written communication. 
• Skill at legal research and conducting administrative hearings. 
• Ability to evaluate legal issues; compose and prepare decisions; and conduct hearings under stress.

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METHODS USED FOR RETENTION OF NEW HIRES

• Flex schedule
• FTE Hearing officers with at least 6 months may apply
• If approved, hearing officers may work four 10-hour days and are off on the 5^th day.
• The flex day can be used for appointments, resulting in more leave time that can be used for fun or relaxation
• Increase in employee morale

METHODS USED IN FLORIDA FOR RETENTION OF NEW HIRES (CONT)

• Telework
• During the Pandemic, Florida allowed hearing officers to work from home but have since been returned to the office
• During the Pandemic, hearing officers functioned well working from home due to use of email and Microsoft TEAMS, allowing them to communicate easily with leads and supervisors
• All meetings conducted via TEAMS
• Virtual parties were held in some of the offices

Parween S. Mascari, Esq., Chief ALJ

Board of Review for Unemployment Compensation Appeals West Virginia

WorkForce WEST VIRGINIA – BOARD OF REVIEW FOR UNEMPLOYMENT COMPENSATION APPEALS

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Board of Review Overview

The West Virginia Unemployment Compensation Board of Review (BOR) hears and decides appeals of unemployment compensation decisions made by unemployment deputies throughout the state. The BOR is completely separate from and makes its decisions totally independent of WorkForce West Virginia (WFWV). The BOR is a quasi-judicial (court-like) tribunal that is part of the executive branch of state government. The BOR is located within the Department of Commerce and WFWV for administrative support and budgetary purposes only. This independence eliminates the perception of unfairness and provides due process and impartiality to all parties in the way unemployment compensation appeals are administratively adjudicated. 

WEST VIRGINIA BOR ALJ REQUIREMENTS

Minimum Requirements to serve as an ALJ for the WV BOR:

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• All administrative law judges must be licensed West Virginia attorneys and keep their licenses current during their tenure as an ALJ

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• Training required:  Admission to the West Virginia State Bar.��Experience required:  Three years of full-time or equivalent part-time paid experience as an attorney including trial experience or as an examiner or administrative law judge with an administrative body, or a judge of a court of record.

Bar Membership Requirement includes paying dues to the State Bar and keeping up with and reporting the required CLE credits – 24 hours every two years!

MORE ETHICAL REQUIREMENTS FOR WEST VIRGINIA BOR’S�ADMINISTRATIVE LAW JUDGES

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• ALJs must follow the statutory Code of Conduct for State Administrative Law Judges

W. Va. Code § 6B-2-5a

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• ALJs must also follow the more detailed legislative rule, “Code of Conduct for Administrative Law Judges”
• W. Va. C.S.R. § 158-13-1 et seq.

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NATURE OF THE WORK

• Administration section, Board of Review unit. This position will function as a full-time Administrative Law Judge for complex cases. Will be responsible for scheduling and conducting administrative hearings regarding Unemployment Compensation disputes in a timely manner. Ensures litigants are afforded substantive and procedural due process. Determines evidentiary questions such as admissibility, competency, and relevancy; and examines witnesses, governs the conduct of counsel, and controls the making of record. Will conduct necessary legal research relevant to issues to ensure compliance with all applicable and mandated laws and regulations and writing of formal decisions based on finding of facts and conclusion of law. Renders decisions in a timely proper manner to ensure the Unemployment Compensation Board of Review complies with the timeliness and quality of the US Department of Labor. Must possess extensive knowledge of WV Laws to perform job duties and responsibilities. Travel is required to hearing venues throughout West Virginia.

METHODS USED FOR RETENTION OF NEW HIRES – THE GOOD, THE BAD, AND THE UGLY

• Competitive Insurance and Retirement Benefits (retirement age!)
• Generous leave and holidays (Juneteenth and June 20^th!!)
• Increment Pay (based upon years of service)
• Recent changes to the availability of remote work have decreased morale and made hiring qualified ALJs more difficult
• Salaries on the low end of the scale while listing a range and market rate much higher doesn’t help recruit qualified candidates

QUESTIONS FOR BRAINSTORMING ON RECRUITING AND RETENTION

• What are some innovative methods your states have used for recruiting and retaining new hires?

QUESTIONS FOR BRAINSTORMING ON RECRUITING AND RETENTION (CONT.)

• What are the advantages and disadvantages you have seen in your states with hearing officers teleworking?

QUESTIONS FOR BRAINSTORMING ON RECRUITING AND RETENTION (CONT.)

• What programs or methods do your states use to track performance and productivity of hearing officers?

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QUESTIONS FOR BRAINSTORMING ON RECRUITING AND RETENTION (CONT.)

• When workload increases, what are some specific practices your state uses to manage the increase?
• When workload decreases, what do the hearing officers do with the extra time?

QUESTIONS FOR BRAINSTORMING ON RECRUITING AND RETENTION (CONT.)

• How do your states recruit new hearing officers?
• Advertisements?
• Job Fairs?
• Colleges and Universities?

THANK YOU!!

Stephanie Jackson

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Jennifer Sharp

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Parween Mascari

NAUIAP Conference June 30, 2024 Hiring practices Presentation

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Questions for the Panel?

TEAM

NAUIAP Conference June 2024 Hiring Practies Presentation

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