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Tag Archives: FLRA
“DE MINIMIS” DOCTRINE TOO COMPLEX EVEN FOR ALJs? Not long ago FEDSMILL.com posted an article entitled “Die, De Minimis Die” to shine a light on how elusively complex and high risk the de minimis doctrine is for practitioners. It may … Continue reading
CRITICAL CONTRACT CLAUSES (#1)-Job Swaps Why should not employees have a right to swap jobs, e.g., a GS-318-05 Secretary in one office on the west side of the city swapping with a GS- 318-05 on the east side of town–or … Continue reading
DIE, DE MINIMIS, DIE! Even though there is some legal foundation for holding that a change must be more than de minimis to create a bargaining obligation, it has been more trouble than it is worth—even to management. One case … Continue reading
ARE YOU “GETTIN’ ENOUGH”– FROM GRIEVANCES? (Part 1) One of the first mistakes a union can make when drafting a grievance is to not ask for enough of a remedy. Not only does the grievant potentially lose something she might … Continue reading
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 … Continue reading
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.
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 … Continue reading
WHEN UNIONS LIBEL MANAGEMENT More than a few contracts state that the union may not libel (or slander) any manager when using the agency’s internal communications systems. But what can management do if the union does cross the line. An … Continue reading
ILLEGAL TELEWORK DEALS What do you call it when a bargaining unit employee asks her manager to allow her to telework, the manager agrees, and they work out the details of when, where, and under what conditions? “Illegal” is what … Continue reading