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

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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

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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

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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

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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

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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

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HOW MUCH BACK PAY IS TOO MUCH? There have been many multi-million dollar arbitration awards in the federal sector.  Not long ago, the AFL-CIO unions teamed up to get $80 million out of the Indian Health Service. We also remember … Continue reading

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BEWARE AN ARBITRATOR’S BACK PAY “COMPROMISE” In late August a case came rolling out of FLRA that has the potential to confuse lots of practitioners. The arbitrator found that the agency had not properly compensated an employee for 12 years … Continue reading

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NTEU’S JUNK YARD DOGS DIG UP EVEN MORE CBP MILLIONS Less than four months ago we wrote about how FLRA had upheld an arbitrator’s decisions awarding what likely will be over $100 million in back pay to Customs and Border … Continue reading

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TENS, IF NOT HUNDREDS, OF MILLIONS IN BACK PAY COMING TO CBP OFFICERS In the chaotic aftermath of 9/11, the U.S. Customs Service made a lot of questionable decisions trying to boost America’s protection. That should have been a surprise … Continue reading

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