Monthly Archives: September 2011

GRIEVING NON-SELECTION FOR PROMOTION (Pt. 4 – Regs) At this point, the union has built a grievance that levels allegations of contract violations, probably a discrimination charge, and perhaps a ULP.  But there is at least one more claim it … Continue reading

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GRIEVING NON-SELECTION FOR PROMOTION (Part 3-ULPs) Another kind of discrimination management must avoid is anti-union animus or discrimination.  Title 5 USC 7116(a)(2) makes it an unfair labor practice for management “to encourage or discourage membership in any labor organization by … Continue reading

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GRIEVING NON-SELECTION FOR PROMOTION (Part 2- EEO) If the union levels charges of discrimination in a non-selection grievance, it substantially increases its chances of winning.  So great is the advantage that FEDSMILL believes the union should level a discrimination charge … Continue reading

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GRIEVING NON-SELECTION FOR PROMOTION (Part 1) Ask a manager if you can grieve non-selection from a BQ list and you are likely to hear that you can’t. Some of them will even quote part of a federal regulation that bars … Continue reading

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EDITORIAL – WHAT HAPPENS AT FLRA HAPPY HOURS How do we know that FLRA is having regular happy hours during the day?  Well, we don’t, but something like that must be happening based on the quality of its particularized need … Continue reading

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UNION MEMBERSHIP ACHIEVEMENTS AFGE, NTEU, and NATCA excel when it comes to membership statistics, but for different reasons.

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RESIGNING WITH A CLEAN RECORD REDEFINED MSPB has just changed how it will interpret termination settlement agreements that call for the removal, cancellation or even change of the official record. In this case, management settled a removal appeal by agreeing … Continue reading

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PART-TIMERS OWED BACKPAY On August 23, 2011, OPM issued final regulations implementing a court decision requiring the payment of Sunday premium pay to part-time employees, as well as to full-time employees.  The decision was Fathauer v. United States. 

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FLRA BOOSTS TELEWORK REMEDIES   Few things are as frustrating as winning a grievance, arbitration or ULP only to find that the sole remedy imposed is an order that management not violate the law or contract again.  FLRA claims that remedies … Continue reading

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GRIEVANCE DRAFTING TIPS 1, 2 & 3 Most contracts merely require the union to put the following in the grievance: 1- Article and section violated, 2- Description of the grieved event, and 3- Remedy desired.   As clear as that or … Continue reading

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