Representative Kevin Hern (OK-01) introduced the Help End Redundant Claims Unnecessarily Leaving Employers Suffering Act (HERCULES Act) this morning. This is Rep. Hern’s 13^th original piece of legislation this Congress.

“Government waste is one of the biggest hurdles we face,” said Rep. Hern. “It’s also one with a seemingly easy solution: audit, streamline, and eliminate redundancies. That’s what I’m aiming to do with HERCULES. The current adverse action decision-making process in federal agencies is a nightmare. Because of the bureaucracy, it’s hard to make staffing changes; the result is an inflexible workforce resistant to adopt the changes of the modern workplace. By streamlining the adverse action process, we allow issues to be resolved efficiently and give our federal agencies more room to modernize.”

Rep. Hern introduced the bill today with 15 original co-sponsors:

            Rep. Ted Budd (NC-15)
            Rep. Thomas Tiffany (WI-07)
            Rep. Guy Reschenthaler (PA-14)
            Rep. Randy Weber (TX-14)
            Rep. Matt Gaetz (FL-01)
            Rep. John Joyce, M.D. (PA-13)
            Rep. Scott Perry (PA-10)
            Rep. Jim Banks (IN-04)
            Rep. Bill Flores (TX-17)
            Rep. Andy Biggs (AZ-05)
            Rep. Fred Keller (PA-12)
            Rep. Austin Scott (GA-08)
            Rep. Debbie Lesko (AZ-08)

Background Information

Adverse action occurs when an employer behaves in a way that puts an individual or a group of people at a disadvantage. If any employee believes that his or her employer has taken adverse action against them, they may file a grievance.

Currently, federal employees can file grievances with up to four entities: U.S. Merit Systems Protection Board (MSPB), U.S. Federal Labor Relations Authority (FLRA), Office of Special Counsel (OSC), and Equal Employment Opportunity Commission (EEOC). Additionally, grievances can be filed through a union or federal court. Federal employees can also appeal formal disciplinary actions, such as a demotion, compensation disparities, or steps towards firing.

The current appeals process in response to adverse action is overly broad and redundant. The prospect of time-consuming appeals can deter federal managers from taking adverse employment actions that are warranted against a poorly performing employee. Redundancy within this process causes decreased efficiency, productivity, and wastes taxpayer dollars.

The HERCULES Act would:

·         Remove burdensome red tape and eliminate redundancies within adverse action appeals,

·         Limit adverse action grievances to be filed in one office per grievance, rather than four separate offices for the same grievance,

·         Empower managers to uphold their expected managerial roles by eliminating burdensome redundancies within grievance filing, and

·         Remove restrictive policies that prohibit managers from promoting efficiency and productivity within the workplace.

The bill text for the HERCULES Act can be found here.

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