I had such high hopes. Many of us worked hard and pushed our members. We got the administration we wanted instead of a 3rd Bush term with John McCain.

There has been a little headway on contracting out and changes in the FLRA, FSIP and MSPB panels. This is good, but, it appears to mean we are still setting up to fight.

There's been no message down to the Agencies to work with Labor. There have been Bush appointees left in place no matter how much hell we are raising. Should someone be reminded that these Bush appointee's didn't vote for Obama or work to get him elected?

Now the news that on our backs, once again, a Democratic administration will try to cut domestic agencies in 2011 by 5 percent. Many of us were barely kept alive during the Bush years and now we are going to take a 5 percent cut to show something is being done on the deficit? Great. First we lose pay parity, which we fought for and kept during the entire Bush Presidency, and now we are going to get gutted.

2010 and 2012 are going to be tough times to get employees out to help or vote unless something changes quickly.

I find myself in a double whammy! One is NSPS the other is ACE-IT. I'd would like to know the date that AFGE is going to have their day in court for civil suite against NSPS. This thing has GOT to go and quickly before all is lost.

My second Whammy is ACE-IT where as I cannot join the union. I dont think that is right either but I was talking to my local afge President and he said AFGE needs 30 % of ACE-it employees to want to get in to the union before anything will start. I was given the choice at the start of ACE-it to quit the union or hit the street looking for a Job. Well I need my job so now I'm trying to keep my job and join the union again.

My main concern is now about Killing NSPS at least that is a step in the right direction, then Ill work on ACE-IT and the union

Please keep me posted on any NSPS changes and updates

carl

Frasure v. Principi, 18 Vet. App. 379

Regardless whether § 3.7(x)(15) is valid, the appellant must meet DoD's certification criteria under Public Law 95-202 § 401. Section 401 provides in pertinent part:

HN11 (a)(1) Notwithstanding any other provision of law, the service of any person as a member of the Women's Air Forces Service Pilots (a [**30] group of Federal civilian employees attached to the United States Army Air Force during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe -

(A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group constituted active military service, and

(B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such [**31] member so warrants.

Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated.
Public Law 95-202 § 401(a)(1)(A), (B) (emphasis added). Accordingly, § 401 provides that, notwithstanding any other provision of law, the service of a member of a group designated by the Secretary of Defense "shall be considered active duty for the purposes of all laws administered by the Secretary of Veterans Affairs if the Secretary of Defense . . . shall prescribe" (1) that the service of such group constitutes active duty and (2) that members of that group are to be issued a discharge from "such service under honorable conditions" that shows the date of discharge as determined by the DoD. Public Law 95-202 § 401(a)(1)(A), (B) (emphasis added). Section 401 expressly conditions effective active-duty status for the purpose of VA-administered laws on those two requirements - that the DoD certify a group and issue a discharge. Public Law 95-202 § 401(a)(1)(A), (B); see Chevron and Lee, both [**32] supra.

32 C.F.R. PART 47 ? ACTIVE DUTY SERVICE FOR CIVILIAN OR CONTRACTUAL GROUPS
(http://law.justia.com/us/cfr/title32/32cfr47_main_02.html)
________________________________________
Section Contents
§ 47.1 Purpose.
§ 47.2 Applicability and scope.
§ 47.3 Definitions.
§ 47.4 Policy.
§ 47.5 Responsibilities.
§ 47.6 Procedures.

Appendix A to Part 47?Instructions for Submitting Group Applications Under Public Law 95?202 Appendix B to Part 47?The DoD Civilian/Military Service Review Board and the Advisory Panel

Authority: 38 U.S.C. 106 note. Source: 54 FR 39993, Sept. 29, 1989, unless otherwise noted.

§ 47.1 Purpose.

This document:

(a) Revises 32 CFR part 47 and implements Public Law 95?202.

(b) Directs the Secretary of the Air Force to determine if an established group of civilian employees or contract workers provided service to the U.S. Armed Forces in a manner considered active military service for Department of Veterans Affairs (VA).