Monthly Archives: August 2014

10 BARGAINING ISSUES AROUND PHASED RETIREMENT Now that OPM has finally issued regulations to implement the phased retirement program (PRP), it is time for unions to prepare bargaining demands. Here are some that would be on our list.

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LEO, AUO, FLSA and 5 CFR 610 When can a federal law enforcement officer (LEO) claim FLSA time and one-half overtime pay if he already is paid administratively uncontrollable overtime (AUO) to work hours beyond the normal 40 hour shift?

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A “UNILATERAL CHANGE” GRIEVANCE TIP Assume that your contract has a clause that mirrors the statutory obligation to bargain, i.e., it obligates management to notify and bargain over any midterm changes in working conditions before implementing them.  Further assume that … Continue reading

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NLRB ORDERS MAKE WHOLE REMEDY FOR WEINGARTEN VIOLATION, BUT WILL FLRA? What’s the remedy when an employee is terminated for refusing to participate in a disciplinary investigation of his/her behavior, despite the fact that the employer refused to give the employee … Continue reading

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SPECIAL COUNSEL BREACHES CBP’S HUMAN RESOURCES BUNKER We have been saying it for a while.  The HR/LR operation at Homeland Security’s Customs and Border Protection (CBP) agency has little respect for the law. Check out these two FEDSMILL postings: CBP/DHS, LIKE A … Continue reading

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NFFE GOES A LITTLE LESS FEDERAL Here is something to watch.  The National Federation of Federal Employees just announced it now represents private sector, non-federal, non-governmental workers.  In July, the NLRB certified it as the representative of the “Golden Triangle … Continue reading

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A “PARTICULARIZED NEED” BARGAINING TABLE TIP See if you can figure out how the following situation could have been better handled by both parties—and the FLRA.  The union filed a grievance alleging the agency failed to pay unit employees for … Continue reading

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WHAT IS THE IFPTE? To begin, it is the latest union to organize a new group of federal employees, and for that we pass on our Congrats. But beyond that it is a union that has quietly served notice on … Continue reading

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