Monthly Archives: October 2012

EEOC ON DOMESTIC/DATING ABUSE, SEXUAL ASSAULT AND STALKING The EEOC recently went on record indicating its willingness to charge employers with discrimination if they take personnel actions against employees involved in any of these circumstances.  Every union rep should look … Continue reading

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CRISIS: WHEN UNION LEADERS DISAPPEAR Most federal sector unions have only two nationally elected officials constitutionally empowered to lead the union.  When one suddenly leaves office, the other immediately takes up the leadership slack. But, who is in charge if … Continue reading

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23 SOCIAL MEDIA RULES NLRB BELIEVES ARE ILLEGAL The NLRB, which regulates private sector labor relations, has launched a full-scale assault on social media usage rules management has imposed on its employees.  The Board is fighting any effort by employers … Continue reading

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UNTIMELY DISCIPLINE SUGGESTS CBP MULTIPLE PERSONALITY DISORDER What does it say about an agency when it takes months or even years after it becomes aware of an employee’s misconduct to discipline the employee?  We think it suggests a serious mental illness … 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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CONDUCT WHILE ON FMLA Although we have not seen any federal sector cases where management objects to what the employee does while on FMLA leave, the issue seems to be heating up in the private sector.  The web site … Continue reading

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FLRA ANNOUNCES WEB-BASED ARBITRATION TRAINING The Federal Labor Relations Authority (FLRA) announced recently that its web-based Comprehensive Arbitration Training is now available on-line. The training is yet another example of the FLRA’s ongoing efforts to better serve the labor-management community, providing members with … Continue reading

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A NEGOTIATOR’S ROOKIE MISTAKE & APPROPRIATE ARRANGEMENTS This is one of those case law precedents that union negotiators cannot hear enough. If your proposals are all non-negotiable, you give the employer the right to unilaterally implement its proposed midterm change. … Continue reading

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IMPORTANT OT BACK PAY PRECEDENT FLRA just added some clarity to the issue of when are employees entitled to back pay.  In NTEU, 66 FLRA 1024 the employee had been denied the right to work overtime because there was a … Continue reading

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AFGE WINS WTH UNCOMMON DEFENSES TO PERFORMANCE CRITICISM If the average federal employee only knew how vulnerable he/she is to being fired for performance-based reasons, employee pharmaceutical bills would double. Management can unilaterally set the performance standards, need only produce … Continue reading

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