SOLICITING MEMBERSHIP ON DUTY TIME

While management seems to work very hard to avoid unions soliciting new members in work area or while anyone in the area is working, it is illegal to prevent it.  The FLRA has held that union reps can solicit new members while in work areas, even if the employees are working—at least under certain circumstances. Here is how this works. Continue reading

Posted in Membership Building | Tagged | Leave a comment

PAID PERPETUAL JURY DUTY

Everyone knows that if a fed is called to jury duty, he/she continues to receive salary for the duration of that duty.  But what if the employee volunteers for jury duty; in fact, what if the employee actively seeks every moment of jury duty she can get?  Is there a limit on how much jury duty time she can be paid for? Continue reading

Posted in Leave | Tagged | Leave a comment

TEST YOURSELF #3- Per Diem Entitlement

Assume that you have a union member who performed official travel to Pennsylvania, leaving his home in Ohio at 7:15 a.m. and returning at 8:15 p.m.  Is the employee entitled to any per diem allowance if she spent an hour each way commuting from her Ohio home to the Pennsylvania work site? Continue reading

Posted in CBCA, Travel/Per Diem | Tagged | Leave a comment

LRs “BIGGEST LOSERS”

Unlike the popular TV show from which we have borrowed our headline, it is not a good thing to be the biggest loser among management LR staffs in the federal government.  But the Department of Homeland Security unquestionably has the most losses before the FLRA over the last two years.  NTEU hammered CBP management in 15 out of 19 cases while AFGE won 16 out of 21 cases over DHS components such as Border Patrol, ICE, and CIS.  Added together, that is 31 loses out of 40 FLRA decisions. Here is what it means. Continue reading

Posted in FLRA | Tagged , , , | Leave a comment

MYTHS & FACTS ABOUT THE EEO PROCESS

EEOC has issued an interesting comment and analysis about our process.

Posted in EEO/Discrimination | Tagged | Leave a comment

BARGAINING OVER WORKLOAD CHANGES

The FLRA decided to once again defy common sense and only time (and a federal circuit court) will tell which one prevails.  The outcome will determine whether unions have the right to negotiate over changes in employee workloads resulting from management failure to react to circumstances beyond its control to preserve the employee’s status quo. Continue reading

Posted in Bargaining, FLRA, ULPs | Tagged , , | Leave a comment

WHEN ARE UNION-EMPLOYEE CONVERSATIONS CONFIDENTIAL?

The short answer is, “Most times, but not always.”  The FLRA rolled out a decision recently making that crystal clear by endorsing management’s right to force a union representative to reveal to its investigators what an employee had told him in confidence. Continue reading

Posted in ULPs, Union Rights | Tagged , , , | Leave a comment

HOW SENIORITY IMMUNIZES MANAGEMENT

The various employment civil rights acts work by forcing managers to make a choice when they select employees for promotion, awards, etc.  Ironically, making decisions based on seniority gives management near total immunity. Here is how. Continue reading

Posted in Bargaining, EEO/Discrimination, Promotion/Hiring | Tagged , , | Leave a comment

TEST YOURSELF #2-  Strategic Negotiability Decisions

Assume that after a week of bargaining over a management-proposed mid-term change, management tells you that one of your four remaining unagreed proposals is non-negotiable?  This is an important proposal to you and you have good arguments as well as evidence to support it.  What do you do? Continue reading

Posted in Negotiability | Tagged , | Leave a comment

MAKING NEW PROPOSALS AFTER BARGAINING BEGINS

There is a little-known court case that authorizes union negotiators to make totally new proposals in the middle of negotiations. Continue reading

Posted in Bargaining, Strategy/tactics | Tagged , | Leave a comment