Posted on May 14, 2026 by AdminUN

PROBATIONER GETS FIVE YEARS BACK PAY PLUS

She wasn’t asking a lot nor for anything that other feds have not requested thousands of times. Still in her probationary period, she asked for a reasonable accommodation and backed it up with substantial medical documentation. The agency took some steps to get her to  a different vacant position that fit her needs, but ultimately rejected her claiming that the job required certain physical abilities that were essential to performing successfully that the employee did  not have.  So, it terminated her in June 2021. All of that would have been within the agency’s  legal rights except for the fact that it made up the so-called required physical demands out of thin air.  It was a total fiction.  When the employee’s discrimination case got to EEOC, it wrote the following: Continue reading →

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Posted on May 14, 2026 by AdminUN

THIS IS WHAT MERIT PROMOTION RACISM LOOKS LIKE

We have reported on a number of cases where the EEOC found the agency’s promotion process to be irrational, nonsensical or worse.  Generally, that is based on scoring decisions that are outright ridiculous.  Sadly, it is too polite to declare that the scoring decisions were based on blatant racism, sexism, etc.  But few cases are as obvious as this one and provide as good a guide for employees or their representatives on how to dissect a merit system scoring process. Continue reading →

Posted in EEO/Discrimination, Promotion/Hiring | Tagged | Leave a comment

Posted on April 20, 2026 by AdminUN

USING THE BIBLE AS A HARASSMENT TOOL

(While Secretary Hegseth is prone to confusing Quinton Tarantino with the word of God and Trump is preparing to read us all a bible passage, we thought it would be a good time to republish this post from 2023.)

EEOC just explained to the Dep’t. of Veteran Affairs how quoting the bible at the workplace can violate an employee’s civil rights. It wrote, “the use of a Bible verse, alone, in the context of condemnation of sexual identity is sufficient to rise to the level of harassment.” In other words, if one or more co-workers are taunting an employee about their sexual orientation and among the taunts is a posted or orally repeated bible quote, then someone likely is about to be disciplined while the agency islikely to be writing the employee a check for the harm done. Continue reading →

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Posted on April 20, 2026 by AdminUN

SOMETHING TO TELL MEMBERS ABOUT ALLERGIES

While they are not the most burdensome medical disabilities, seasonal allergies can slow an employee down, even fog their thinking, and tire them out quickly. That entitles employees to the protection of the ADA and Rehabilitation Act and particularly to reasonable accommodations. The folks at the law firm Ogletree Deakins just posted some advice for its employer clients on their responsibilities under the Act entitled, “Allergy Season Is Here: Accommodating Seasonal Allergies Under the ADA.”  It is just as helpful for union reps. Another very helpful site is run by the Job Accommodation Network. They provide advice about what kind of accommodations should be considered. And don’t forget about the FMLA if the employee has a dependent that needs care to get through the allergy season, perhaps a child that can’t attend school for a day or two. In case you do not remember us saying this before, we will repeat it.  One of the most valuable things a union has to offer is information useful to members.  Everyone can use that and providing a steady stream of it to your members is a ready answer to the perennial question of, “What has the union done for me lately?”  The American education system has done a great job of teaching school kids about foreign wars, high literature, and a few math tricks they may never use again.  However, it has been an absolute failure at teaching our country’s future workforce about the rights they have once they begin their likely 50-year journey as employees.  Unions can make up for that.

Posted in Disability, Reasonable Accommodations | Tagged | Leave a comment

Posted on April 8, 2026 by AdminUN

OPM LACKEYS ARE ASKING FOR EMPLOYEE MEDICAL RECORDS

CBS News just reported that Donald’s OPM, which rarely misses an opportunity to abuse federal employees, now wants to know about the prescriptions you are taking and any prescribed treatments.  We suggest you read it in their own words by clicking here. Given that CBS news has recently morphed into a Trump PR machine, firing Stephen Colbert for criticizing the Pres—and we would not be surprised if it is letting Little Boy Barron review all copy before it is released, we worry that Trump’s plan is even worse than CBS describes.  So, here is another one that unions will need to fight in court and Congress on behalf of the erectile disfunction community, the STD sufferers, those under psychiatric care, the depressed, and even those who just want to keep their toe fungus to themselves, etc.

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Posted on April 8, 2026 by AdminUN

AGENCIES TO PAY REINSTATED EMPLOYEES’ BACK TAXES

Our good friends at Dewey Publications just posted a story about how MSPB will now allow reinstated employees to receive money beyond their back pay due if the lump sum raises their income taxes.  We recommend you read the Dewey post by clicking here to see how the employee got another $64,000 on top of her back pay. This decision makes it clear that arbitrators can do the same thing and that unions should pursue this remedy when grieving/arbitrating terminations, demotions,  or long suspensions. They need not specifically request it so long as they authorize the arbitrator to grant “all appropriate remedies.” If you are unfamiliar with why you do that, read through our post entitled, “Grievance Strategy Issues- Part 5 (Remedies)”

Posted in Back Pay, Discipline/Adverse Action | Tagged | Leave a comment

Posted on April 1, 2026 by AdminUN

THE KINGDOM OF NTEU – Part II

This series is about how the NTEU Constitution & Bylaws grants the union’s president almost unlimited power, leaves members with few ways to check the abuse of that power, and creates an environment in which the NTEU leader can rule more as a king than a democratic president. This edition addresses how powerless the NTEU national executive board is. Continue reading →

Posted in Union Administration | Tagged | 3 Comments

Posted on April 1, 2026 by AdminUN

WHAT DO SELECTING OFFICIALS OWE BQ CANDIDATES?  A LOT!

The White House’s contempt for the rights of anyone but white males seems to be talking hold at the EEOC. From  reading its most recent decisions, I would not be surprised if the members wear white sheets and hoods when they convene. So, if you are going to challenge a non-selection for promotion decision in this age of the Aryans you had better build your case atop of some very substantial case law precedent. Below we have reposted an explanation of the legal precedents most supportive of a challenge. Continue reading →

Posted in EEO/Discrimination, Promotion/Hiring | Tagged | Leave a comment

Posted on March 24, 2026 by AdminUN

MSPB SUDDENLY OUTLAWS MOST RETROACTIVE REQUESTS FOR FMLA

If you think you can ask for FMLA leave retroactively, think again.  It is not always possible. The Board has held in the past that an employee is not required to specifically invoke FMLA when requesting leave, so long as he presents the agency with sufficient evidence to trigger consideration of his absence under FMLA.  According to the Board, that holding is now incorrect. Here is why. Continue reading →

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Posted on March 24, 2026 by AdminUN

MSPB HIGHLIGHTS SICK LEAVE AND DISABILITY RIGHTS

The Board recently wrote that an agency cannot rest an AWOL charge solely on an employee’s failure to submit medical documentation on a particular form. If the employee has sufficient sick leave to cover the period in question, the agency must grant the request when the employee provides administratively acceptable evidence of incapacitation because of illness or injury and may not charge him with AWOL for the period, regardless of whether the employee has complied with applicable leave procedures. 5 CFR §630.401(a)(2) (mandating that an agency “grant sick leave” when an employee is medically incapacitated)… Regardless of its format, the appellant’s medical documentation was administratively acceptable, and the agency was required to allow him to use his accrued sick leave. Continue reading →

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