Monthly Archives: June 2019

ANOTHER SINKHOLE OPENS UNDER LAFFEY’S USEFULNESS The D.C Circuit just overturned a District Court decision that held that the Laffey Matrix was not appropriate for reimbursing attorneys in a D.C. discrimination class action case.  The lower court ordered the parties … Continue reading

Posted in Attorney Fees | Tagged | Leave a comment

QUIZ: WHEN IS CHARGING LWOP ILLEGAL? In this case an employee had an auto accident damaging someone else’s private property. After a short investigation, the employee’s supervisor informed her that she could choose between either taking Leave Without Pay (LWOP) … Continue reading

Posted in EEO/Discrimination, Leave | Tagged | Leave a comment

HAS FSIP VIOLATED THE LAW ON OFFICIAL TIME? FSIP has the statutory power to “take whatever action is necessary” to settle a bargaining impasse. (See 5 USC 7119(c)(5)(B)(iii))  But it does not have unlimited power. The rest of that statutory … Continue reading

Posted in FSIP, Official Time | Tagged | Leave a comment

WELCOME BACK, CARTER: FSIP, ICE, & AFGE  Someone needs to check where Mark Carter, the Chair of the FSIP, went to law school. Given his string of seemingly illegal decisions recently, our best guess is it was at Trump University. … Continue reading

Posted in FSIP | Tagged | Leave a comment

RESPECT THE ABAYA OR PAY What is an “abaya?” It is a loose-fitting ankle-length overgarment worn by Muslim women that conceals the outline of the wearer’s body. It is required by their faith, and if an agency refuses to reasonably accommodate an employee or … Continue reading

Posted in Religion | Tagged | Leave a comment

QUIZ: WHAT IS WRONG WITH UNION REPS? Please excuse our frustration, but it very painful to read about cases that unions lost but easily could have won if they drafted the grievance correctly. Union reps need to protect themselves from … Continue reading

Posted in Grievance/Arbitration | Tagged | Leave a comment

SSA & AFGE: FSIP BIGOTRY GONE WILD You can almost always rely on zealots to overreach.  In fact, it is their greatest weakness and typically exposes a core bigotry. The new SSA-AFGE Panel decision is a great example of that. … Continue reading

Posted in EEO/Discrimination, FSIP, Official Time | Tagged | Leave a comment

SSA & AFGE: PITY THE POOR PANEL ZEALOTS Zealots can be at their most dangerous when they actually know something about law and regulation.  When they don’t, they just look foolish and wind up hurting the people they want to … Continue reading

Posted in FSIP | Leave a comment

THE LIMITS OF BACK PAY ORDERS Dear Fedsmill, I just saw the Authority’s May 22, 2019 decision in which it chose not to enforce a 2017 FSIP final order.  That order required an agency to implement a salary increase retroactive … Continue reading

Posted in Back Pay, FSIP | Tagged | Leave a comment

FLRA SMACKS DOWN FSIP ON “TENTATIVELY AGREED” ISSUES On May 22, the Authority told FSIP that it does not have the power to order the parties to implement those issues tentatively agreed before they came to the Panel to settle … Continue reading

Posted in Uncategorized | Leave a comment