Monthly Archives: October 2016
THE LAW OF CONTRACT RATIFICATION: TEST YOURSELF A 2016 decision out of the Authority has added to the body of law about how unions ratify collective bargaining agreements. See AFGE, Local 1815 and Dept. of the Army, 69 FLRA 309 … Continue reading
IS THIS A VIOLATION OF LAW? Let’s just consider this a hypothetical. Suppose, one federal union allows it legal staff to keep any attorney fees they collect that exceed the attorney’s annual salary from the union. For example, if the … Continue reading
HOW TO GET FLRA TO BLOCK AN FSIP DECISION More than a few parties, whether labor or management, who have lost a case before the Federal Service Impasses Panel (FSIP) have concluded that the decision is illegal, if not even … Continue reading
TEN WAYS TO REVERSE A UNION PRESIDENT’S DECISIONS When union presidents abuse (or simply misuse) power, members have a few options available to bring the union’s CEO back to the reality that they are presidents, not potentates nor pontiffs. Given … Continue reading
DISCIPLINING THE EMPLOYEE ON INTERMITTENT FMLA LEAVE Although there are some minor differences between the federal employees’ FMLA rights and everyone else in the country, they are not big enough that advice written for private sector employers and employees cannot … Continue reading
CBP IMPORT SPECIALIST LOSES AWARDS-RELATED RETALIATION CLAIM A new decision out of the MSPB not only highlights how complicated some appeal actions can be, but also raises the question of why the employee chose to represent himself rather than have … Continue reading
Posted in Awards, Prohibited Personnel Practice
Tagged Prohibited Personnel Practice
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MSPB’S 13TH DOUGLAS FACTOR (Revised) MSPB and virtually every arbitrator use the 12 so-called Douglas factors to decide whether to mitigate an adverse action penalty. (See a complete list of the Douglas factors at the end of this posting.) It … Continue reading
ILLEGAL CLAUSES IN SEPARATION & SETTLEMENT AGREEMENTS Every once in a while a dispute is ended with an agreement where the employee receives some form of compensation in returning for dropping a claim against an agency. The law has been … Continue reading