Monthly Archives: May 2018

WITH FLRA ENCOURAGEMENT AGENCY SHOOTS ITSELF IN FOOT DURING BARGAINING After a long winter’s nap during which it did not issue a decision for two months, the FLRA ALJ shop has rejoined active society with a decision that exposes a … Continue reading

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AGENCY OBLIGATIONS AT THE END OF THE 12 WEEK FMLA PERIOD The folks at JacksonLewis law firm have put out a series of posts to alert primarily managers to mistakes they can commit when administering FMLA.  Their 15th post highlights what the employer … Continue reading

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FINGERS, THUMBS, NEGOTIABILITY AND IMPASSE Both labor-management parties are regularly guilty of missing the very significant distinction between a proposal being “non-negotiable” versus the agency having “no obligation to bargain” over it.  The pre-impasse bargaining process permits parties to use … Continue reading

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HOW EEOC PROTECTS FORMER EMPLOYEES A former employee has 45 days after s/he leaves an agency to file a complaint over some discriminatory treatment.  That can be extended if the employee only learned of the discrimination after the 45th day.  … Continue reading

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THE OPTION OF WORK WHILE ON FMLA LEAVE We recommend that advocates on both sides of the table check out this post from the folks at JacksonLewis, who get paid to advise managers. It raises the idea that unions could … Continue reading

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YO-YO KA IS NO YO YO MA While the world of music is blessed with the genius of Yo Yo Ma,  the Federal LMR community is stuck with the screeching of Yo-Yo KA.  Kiko and Abbott (aka The KA), our … Continue reading

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BORDER PATROL CAUGHT VIOLATING CIVIL RIGHTS OF ITS OWN A Border Patrol supervisor initiated an investigation of a subordinate claiming that Complainant exhibited “lack of candor.” But EEOC found it was done solely because the employee had named the supervisor … Continue reading

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WHEN AGENCY AWARDS DISCRIMINATE Unless the union has negotiated a criteria for granting awards or other safeguards agencies are largely free to do what they want with awards—unless the employee can find that s/he was treated differently than someone in … Continue reading

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EEOC PAYS LOSERS TOO Suppose an employee files an EEO charge or grievance over a denied promotion and the judge finds that there was discrimination in how the employee and other candidates were treated. But also assume that the judge … Continue reading

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NFFE, NON-DISCRIMINATION AND THE NLRB Way back in 1986 NFFE demanded an agency give it data on employees so that it could pursue civil rights claims on their behalf, and FLRA upheld the union’s ground breaking logic then as well as two … Continue reading

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