Category Archives: Back Pay

HOMELAND SECURITY PAYS MILLIONS FOR DECADES OLD EMPLOYEE COMPLAINT  If the Washington Post story is accurate, and we highly suspect it is, the Dept. Of Homeland Security just agreed to pay about 100 employees an average of $240,000.00 each in … Continue reading

Posted in Back Pay | Tagged | Comments Off on

DON’T DO THESE BACK PAY DEALS Not long ago we posted two pieces about how the FSIP and interest arbitrators do not appear to have the right to order new compensation provisions be retroactively implemented.  See “Peter Sutton’s Very Hot … Continue reading

Posted in Back Pay | Tagged | Comments Off on

PETER SUTTON’S VERY HOT POTATO Peter, the Acting FLRA General Counsel, has a very hot potato in his lap. A case working its way through one of the regional offices stems from the fact that the FSIP ordered an agency … Continue reading

Posted in Back Pay, FSIP | Tagged | Comments Off on

FEDERAL COURT DENIES BACK PAY FOR 5 USC 6101 VIOLATION Elaine Kaplan is a very well-known and respected person around the federal sector.  Aside from a long tenure as a lawyer for a major federal union, she was the U. … Continue reading

Posted in Back Pay | Tagged | Comments Off on

HOMELAND SECURITY PAYS MILLIONS FOR DECADES OLD EMPLOYEE COMPLAINT  If the Washington Post story is accurate, and we highly suspect it is, the Dept. Of Homeland Security just agreed to pay about 100 employees an average of $240,000.00 each in … Continue reading

Posted in Back Pay | Tagged | Comments Off on

WHAT IS A GRIEVANCE RECOVERY PERIOD? The FLRA has said that it “specifically distinguished between contractual back pay recovery periods and contractual time periods for filing grievances.” Consequently, we practitioners had better know the difference, particularly  negotiators when they sit … Continue reading

Posted in Back Pay | Tagged | Comments Off on

OVERCOMING LR INCOMPETENCE Here is our hypothetical.  Assume that the union files a grievance alleging a violation of regulation or contract, wins a big back pay award at arbitration, and it is upheld by FLRA when LR files exceptions. Since … Continue reading

Posted in Arbitration, Back Pay | Tagged | Comments Off on

FLRA’S CONFLICTING BACK PAY CRITERIA Assume that the head of a large federal employee office somewhere in the Midwest suddenly decided to change employee shift hours.  Instead of everyone’s shift being 8 to 5:30 every day, she announced that on Monday and … Continue reading

Posted in Back Pay | Tagged | Comments Off on

THE MISSING ELEMENT OF OVERTIME BACK PAY CASES The FLRA has made it quite clear that in order to award back pay a party must show that there is a direct causal connection between the unwarranted and unjustified personnel action … Continue reading

Posted in Back Pay | Tagged | Comments Off on

TIMELINESS OF GRIEVANCES VERSUS REMEDY TIME PERIODS: LMR RUSSIAN ROULETTE Let’s assume that a union filed a timely institutional grievance on May 1, 2014 claiming that its members had been denied full travel mileage reimbursement as required by the agreement … Continue reading

Posted in Arbitration, Back Pay | Tagged | Comments Off on