Monthly Archives: March 2019

TIME TO RECONSIDER THE “SEVERE & PERVASIVE” SEXUAL HARASSMENT STANDARD If you have ever represented an employee complaining about sexual harassment you know that case law requires a very high degree of proof, i.e., you must prove the improper behavior … Continue reading

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WHEN NOT TO GRIEVE WIGI DENIALS  In virtually every other situation, the rule of thumb is that the deadline for filing a grievance begins to run when the agency issues its written decision. But not when a WIGI is involved–and not knowing … Continue reading

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DALE CABANISS: RESTOCKING THE SWAMP Our Commander-in-Chief (aka The Swamp Master) is about to release another invasive, slithering marauder into his swamp.  The mere mention of her name calls to mind such environmentally destructive forces as Dutch Elm disease, feral … Continue reading

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FMLA LEGAL UPDATE The American Bar Association annually publishes a review of all the significant court cases around the country dealing with FMLA.  It is a great source of information for those folks—union and management alike—who do a lot of … Continue reading

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“ENGLISH! ENGLISH!” That is what a manager shouted at two employees he found speaking Spanish while casually asking about each other’s families. When the employees filed a complaint alleging that was discrimination, the agency responded that surely a one-time incident … Continue reading

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RIGHTS TO A SIGN LANGUAGE INTERPRETER EEOC has just ruled on yet another case where an agency tried to skirt a employee’s right to a sign language interpreter. We thought it would be helpful to highlight the Commission’s simple statement … Continue reading

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SHOULD FLRA REWRITE ATTORNEY FEE CASE LAW? While abuses are not rampant, they are there. One lawyer will charge five times what another does to win the same kind of case. Hourly fees are based on seniority rather than the … Continue reading

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EEOC RULES METHODIST NEED NOT WORK SUNDAYS An interesting ruling came out recently in a case known as Stanton v. Brennan, USPS, EEOC No. 0120172696 (2019). The employee, a Methodist, claimed that his religion prohibited him from working on a … Continue reading

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WHAT UNIONS CAN DO WHEN AGENCIES END NON-DISCRETIONARY BONUS PROGRAMS Given the anti-employee bias, if not contempt, built into the DNA of the current FSIP many employers are taking the opportunity to terminate negotiated performance award programs, e.g., annual awards … Continue reading

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NFFE COULD FILE FALSIFICATION CHARGES AGAINST ABERDEEN MANAGEMENT We would. An arbitrator found that an agency failed to follow the contract obligation about the background of those on a promotion “rating panel” and gave two grievants priority consideration.  It did … Continue reading

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