Post by William Pierce on May 25, 2004 22:02:58 GMT -5
- It is just politics as usual –<br>
We have all heard the expression and likely have used it ourselves. But, why are we accepting that response for a situation we know is wrong? The utterance usually comes when we recognize a flaw in our system and our elected representatives appear oblivious to the fact. In reality, our elected representatives have a diminishing influence on our daily lives, and provide little resistance as we transform from a government “of the people, by the people, and for the people” to one “of the bureaucrat, by the bureaucrat, and for the bureaucrat.”
For sixteen years, I have struggled as Washington bureaucrats have operated in violation of field operational handbooks, department regulations, federal law, an acknowledged mandate of Congress, and the executive orders of two Presidents. The war waged by the Department of Labor (DoL) against me and my company cost me the business, family’s home, and financial security. Why? I allowed the employees of my engineering consulting firm to pick and choose the hours they worked within the 120 hours the office was opened during each two week pay period.
As time progressed, it came to light that the DoL had the same policy for its own employees and was writing new regulations allowing the same for all government workers. But two federal lawsuits were filed against me and my company over $3100 out of a $1,500,000.00 payroll (2/10 of 1%) when employees left work to play golf, fly model airplanes, and go fishing. On three occasions, I offered to pay the $3100 in accordance with DoL regulations, but the government’s attorney would not accept the resolution.
I now take the issue to the court of public opinion after receiving little interest from my elected officials, because they say it is just politics as usual. I ask not for support in fighting my personal battle, rather your help in combating the double standard created by the Department of Labor wherein government employees receive the benefit of flexible leave policies while continuing to deny the same for private sector employees.
The DoL has repeatedly been asked to reply to three simple, straight forward questions. They are:
1) In the spirit of common sense and equity:
Why is the single mother of a six year old child who is an administrator and works for Federal Express any less deserving of a flextime policy as a single mother of a six year old child who is an administrator working for the City of Cincinnati? Are her demands to juggle a schedule to get her son/daughter to the doctor, school and school functions, or to attend parent/teacher meetings any less difficult than for her public sector counterpart?
2) With consideration of “fundamental fairness” for everyone:
The legislative policy for overtime exemptions covering executive, administrative, and professional employees does not depend on the source of the organization’s revenues. Rather it relies on duties, responsibilities, and salary paid. Regardless of the source of the revenues to be spent on payroll, an engineer for a private sector employer holds the same requirements for advanced knowledge, the same discretionary decision making power, the same project responsibilities, utilizes the same technical experiences including, calculations, and typically works the same number of hours on a given project, on the same schedule as the local or state government engineer, and receives the same income. Yet, the public employee may have partial day absences without jeopardizing their exempt status – flextime, while private employees are prevented from enjoying the same benefit out of the Agency’s concern for “fundamental fairness.” Why are they not deserving of the same “equal protection”?
3) Within the constraints identified by the Judiciary, and reported in the testimony, that changes must comport with the statute’ purpose and not contrary to law, not be made out of concern for costs versus benefits a particular situation, and must be applied to all potential litigants:
Under what authority does the Department of Labor operate which allows them to change a regulatory requirement for selected cases, and in conflict with an acknowledged the mandate of Congress and our country’s judiciary through established case law of numerous appellate courts and the U.S. Supreme Court?
It has now been one year since the questions were originally raised, and all that has been generated is 52 weeks of silence from the Department of Labor. In addition to my raising them, Congressman Rob Portman and the National Ombudsman for SBREFA have issued multiple requests. We still wait.
Please visit the following website:
www.williamgpierce.com
and join “we the people …” who refuse to simply accept a government agency’s indifference to the rule of law as politics as usual.
The website briefly explains the issue and outlines a request to notify your elected officials and Secretary of Labor, Elaine Chao, that you do not understand the need of such a policy. It also provides some information on a book I have written which will provide a significant amount of details of the federal bureaucrat’s violations, deceit, and deception. The book chronicles the sixteen year ordeal, and documents who really runs our government and our lives. And, who is letting them.
BUT …<br>
it is not necessary to buy the book to be involved. It will provide a compelling and riveting explanation as to the need for the effort, but sample letters are provided on the website for cutting and pasting to your own letter to be sent/faxed/emailed.
Labor Secretary, Elaine Chao states on her web page:
“To succeed in the 21st Century, our nation must be prepared to adapt to changes in our economy—in how we work, where we work, and how we balance our professional and family lives.”<br>
With all due respect to Secretary Chao, “we the people …” are ready to change, but when is her Administration going to afford us the opportunity.
When “we the people…” convince the Department of Labor to adopt a policy of equity between public and private employees, as mandated by the Supreme Court and Congress, all Americans will have the opportunity to balance their needs and the needs of their family with work requirements.
MORE IMPORTANTLY …<br>
“We the people …” will be empowered. Empowered with the understanding and knowledge to foster change in America for the benefit of all members of our society. Working together, through the power of the internet, we can demand accountability among our government officials and return to the vision President Lincoln spoke of at Gettysburg, PA. His profound remarks ended with the prayer, “that this nation under God shall have a new birth of freedom and that government of the people, by the people, and for the people shall not perish from the face of the earth.”<br>
Today it is flexible leave benefits for all Americans.
Tomorrow the possibilities are endless.
Please forward this email to all your family and friends, and ask them to join the effort.
20 people become 400 become 8000 become 160000 become 3,200,000
A single voice will go unheard, but a choir cannot be silenced.
I thank you in advance for your help,
Bill Pierce
We have all heard the expression and likely have used it ourselves. But, why are we accepting that response for a situation we know is wrong? The utterance usually comes when we recognize a flaw in our system and our elected representatives appear oblivious to the fact. In reality, our elected representatives have a diminishing influence on our daily lives, and provide little resistance as we transform from a government “of the people, by the people, and for the people” to one “of the bureaucrat, by the bureaucrat, and for the bureaucrat.”
For sixteen years, I have struggled as Washington bureaucrats have operated in violation of field operational handbooks, department regulations, federal law, an acknowledged mandate of Congress, and the executive orders of two Presidents. The war waged by the Department of Labor (DoL) against me and my company cost me the business, family’s home, and financial security. Why? I allowed the employees of my engineering consulting firm to pick and choose the hours they worked within the 120 hours the office was opened during each two week pay period.
As time progressed, it came to light that the DoL had the same policy for its own employees and was writing new regulations allowing the same for all government workers. But two federal lawsuits were filed against me and my company over $3100 out of a $1,500,000.00 payroll (2/10 of 1%) when employees left work to play golf, fly model airplanes, and go fishing. On three occasions, I offered to pay the $3100 in accordance with DoL regulations, but the government’s attorney would not accept the resolution.
I now take the issue to the court of public opinion after receiving little interest from my elected officials, because they say it is just politics as usual. I ask not for support in fighting my personal battle, rather your help in combating the double standard created by the Department of Labor wherein government employees receive the benefit of flexible leave policies while continuing to deny the same for private sector employees.
The DoL has repeatedly been asked to reply to three simple, straight forward questions. They are:
1) In the spirit of common sense and equity:
Why is the single mother of a six year old child who is an administrator and works for Federal Express any less deserving of a flextime policy as a single mother of a six year old child who is an administrator working for the City of Cincinnati? Are her demands to juggle a schedule to get her son/daughter to the doctor, school and school functions, or to attend parent/teacher meetings any less difficult than for her public sector counterpart?
2) With consideration of “fundamental fairness” for everyone:
The legislative policy for overtime exemptions covering executive, administrative, and professional employees does not depend on the source of the organization’s revenues. Rather it relies on duties, responsibilities, and salary paid. Regardless of the source of the revenues to be spent on payroll, an engineer for a private sector employer holds the same requirements for advanced knowledge, the same discretionary decision making power, the same project responsibilities, utilizes the same technical experiences including, calculations, and typically works the same number of hours on a given project, on the same schedule as the local or state government engineer, and receives the same income. Yet, the public employee may have partial day absences without jeopardizing their exempt status – flextime, while private employees are prevented from enjoying the same benefit out of the Agency’s concern for “fundamental fairness.” Why are they not deserving of the same “equal protection”?
3) Within the constraints identified by the Judiciary, and reported in the testimony, that changes must comport with the statute’ purpose and not contrary to law, not be made out of concern for costs versus benefits a particular situation, and must be applied to all potential litigants:
Under what authority does the Department of Labor operate which allows them to change a regulatory requirement for selected cases, and in conflict with an acknowledged the mandate of Congress and our country’s judiciary through established case law of numerous appellate courts and the U.S. Supreme Court?
It has now been one year since the questions were originally raised, and all that has been generated is 52 weeks of silence from the Department of Labor. In addition to my raising them, Congressman Rob Portman and the National Ombudsman for SBREFA have issued multiple requests. We still wait.
Please visit the following website:
www.williamgpierce.com
and join “we the people …” who refuse to simply accept a government agency’s indifference to the rule of law as politics as usual.
The website briefly explains the issue and outlines a request to notify your elected officials and Secretary of Labor, Elaine Chao, that you do not understand the need of such a policy. It also provides some information on a book I have written which will provide a significant amount of details of the federal bureaucrat’s violations, deceit, and deception. The book chronicles the sixteen year ordeal, and documents who really runs our government and our lives. And, who is letting them.
BUT …<br>
it is not necessary to buy the book to be involved. It will provide a compelling and riveting explanation as to the need for the effort, but sample letters are provided on the website for cutting and pasting to your own letter to be sent/faxed/emailed.
Labor Secretary, Elaine Chao states on her web page:
“To succeed in the 21st Century, our nation must be prepared to adapt to changes in our economy—in how we work, where we work, and how we balance our professional and family lives.”<br>
With all due respect to Secretary Chao, “we the people …” are ready to change, but when is her Administration going to afford us the opportunity.
When “we the people…” convince the Department of Labor to adopt a policy of equity between public and private employees, as mandated by the Supreme Court and Congress, all Americans will have the opportunity to balance their needs and the needs of their family with work requirements.
MORE IMPORTANTLY …<br>
“We the people …” will be empowered. Empowered with the understanding and knowledge to foster change in America for the benefit of all members of our society. Working together, through the power of the internet, we can demand accountability among our government officials and return to the vision President Lincoln spoke of at Gettysburg, PA. His profound remarks ended with the prayer, “that this nation under God shall have a new birth of freedom and that government of the people, by the people, and for the people shall not perish from the face of the earth.”<br>
Today it is flexible leave benefits for all Americans.
Tomorrow the possibilities are endless.
Please forward this email to all your family and friends, and ask them to join the effort.
20 people become 400 become 8000 become 160000 become 3,200,000
A single voice will go unheard, but a choir cannot be silenced.
I thank you in advance for your help,
Bill Pierce