Monthly Archives: February 2018

HURRAY FOR MANAGEMENT? As expected, our management guys on the FLRA (Kiko and Abbott) have started to come through for us managers.  For years the Authority has insisted that once an agency enters into and approves a labor agreement it … Continue reading

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FSIP THUMBS ITS NOSE AT FLRA For over two decades FLRA has been issuing decisions outlining how an agency wishing to raise a “covered-by” defense to a union’s demand to bargain must meet the following test: ”If the agreement does … Continue reading

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PANEL COVERS OVER ILLEGAL MANAGEMENT MANEUVER FSIP is quickly stacking up examples of its extreme bias on behalf of management.  Its latest stunt was to cover up, gloss over, steer around, compensate for, etc. an open and shut agency violation of … Continue reading

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WHY DOESN’T FSIP GET IT ABOUT DECISION FALLOUT? One of our continuing beefs with the Panel is that it regularly fails to consider the long-term fallout of its decisions. For example, it recently rejected a union proposal that assignments to … Continue reading

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WHEN PAST PRACTICE TRUMPS CONTRACT LANGUAGE What do you do if management suddenly announces that despite following a certain past practice for years, which obviously conflicted with the contract language, it is now pronouncing the past practice dead and insisting … Continue reading

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HOW TO PROVE DISCRIMINATORY PRETEXT Once the agency puts forth its explanation for why it made the decision the employee considered discriminatory, e.g., a promotion, a reassignment, a suspension, etc., the employee is expected to prove that the explanation is … Continue reading

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WHAT IS THE ANSWER TO THIS OVERTIME PROBLEM? Practitioners on both side of the table come up against the following facts. The agency wants to keep overtime costs down. So, it decides to have its first line supervisors start doing … Continue reading

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EEOC REAFFIRMS RIGHT TO ACCOMMODATION REASSIGNMENTS It seems like every day we check this Administration has taken away one employee right after another.  So it was comforting to see the new EEOC decision reconfirming a disabled employee’s reasonable accommodation right … Continue reading

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DOES FSIP’S OFFICIAL TIME ORDER VIOLATE THE LAW? FLRA has ruled a number of FSIP decisions illegal and unenforceable. Usually, it is because the Panel-imposed language violates management 7106(a) rights. (See Note 1 below). But that is not the only example of … Continue reading

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LABOR RELATIONS AND GUN CONTROL Does an agency have the right to decide when its law enforcement personnel can carry their weapons while off duty?  For example, can the Dept. of Army deny its law enforcement personnel who are armed … Continue reading

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