Monthly Archives: February 2018

WHEN PAST PRACTICE TRUMPS CONTRACT LANGUAGE What do you do if management suddenly announces that despite following a certain past practice for years, which obviously conflicted with the contract language, it is now pronouncing the past practice dead and insisting … Continue reading

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HOW TO PROVE DISCRIMINATORY PRETEXT Once the agency puts forth its explanation for why it made the decision the employee considered discriminatory, e.g., a promotion, a reassignment, a suspension, etc., the employee is expected to prove that the explanation is … Continue reading

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WHAT IS THE ANSWER TO THIS OVERTIME PROBLEM? Practitioners on both side of the table come up against the following facts. The agency wants to keep overtime costs down. So, it decides to have its first line supervisors start doing … Continue reading

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EEOC REAFFIRMS RIGHT TO ACCOMMODATION REASSIGNMENTS It seems like every day we check this Administration has taken away one employee right after another.  So it was comforting to see the new EEOC decision reconfirming a disabled employee’s reasonable accommodation right … Continue reading

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DOES FSIP’S OFFICIAL TIME ORDER VIOLATE THE LAW? FLRA has ruled a number of FSIP decisions illegal and unenforceable. Usually, it is because the Panel-imposed language violates management 7106(a) rights. (See Note 1 below). But that is not the only example of … Continue reading

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LABOR RELATIONS AND GUN CONTROL Does an agency have the right to decide when its law enforcement personnel can carry their weapons while off duty?  For example, can the Dept. of Army deny its law enforcement personnel who are armed … Continue reading

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