Tag Archives: FLRA

FINGERS, THUMBS, NEGOTIABILITY AND IMPASSE Both labor-management parties are regularly guilty of missing the very significant distinction between a proposal being “non-negotiable” versus the agency having “no obligation to bargain” over it.  The pre-impasse bargaining process permits parties to use … Continue reading

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WHAT NEXT AT CBP? If you have been watching the cases coming out of FLRA the last year or so, you probably noticed that Customs and Border Protection (CBP) continues to lose a lot of back pay cases to NTEU. … Continue reading

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20+ FLRA PRECEDENTS UNION NEGOTIATORS MUST KNOW Collective bargaining is like a tennis match.  The two players repeatedly fire the ball at one another hoping to force a mistake, get an advantage, or just tire the other out.  Furthermore, the … Continue reading

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 FLRA’S POWERPOINTS & ULP LAW OUTLINES We have never been shy about taking a shot at FLRA for its incredibly slow pace at processing cases.  All too often agency back pay liabilities have doubled just waiting for FLRA to uphold … Continue reading

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“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

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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

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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

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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

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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

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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.

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