Author Archives: AdminUN

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.

BEWARE THIS CONTRACT DEADLINE CLAUSE Here is one we have not seen before.  An arbitrator sustained a grievance and subsequently awarded the union attorney fees.  However, he did so after four days after the negotiated deadline provision in the parties’ … Continue reading

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SHOULD ALL CRAYONS BE COLORLESS? One of my favorite childhood memories was aging up from the standard, pre-school box of 8 crayons to the post-K 24-pack and then finally once I proved myself old enough to be trusted the gigantic … Continue reading

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ON-SITE PRAYER MEETINGS EEOC just reminded us of the right of employees to demand on-site agency space to hold prayer meetings. A postal employee, who was known to be a Christian asked for some private space during the day to … Continue reading

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JUST A REMINDER ABOUT RETIREMENT AND TERMINATION An employee who retires after the agency issues its decision to remove him, but before the effective date of the removal, may still appeal his removal to the Board. Mays v. Department of Transportation, … Continue reading

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WHAT CAN BACK PAY AND DAMAGES INCLUDE? You will be surprised to see what can be included and it all depends on how you draft the grievance.

Posted in Back Pay, Grievance/Arbitration | Tagged | Leave a comment

WHY NEGOTIATE OVER MIDTERM AGENCY CHANGES? Some unions are very aggressive about demanding to bargain over every management-proposed midterm change while others act like these changes are not worth their time—and we never understood the latter group.  Those unions are … Continue reading

Posted in Bargaining, Membership Building | Tagged | Leave a comment

MSPB, THIS DOES NOT SOUND FAIR An agency removed a supervisory employee based on the charge of conduct unbecoming a supervisor, supported by two specifications.  But MSPB upheld his removal based on specifications that were never listed in the proposed … Continue reading

Posted in Discipline/Adverse Action | Tagged | 1 Comment

HOW TO APPEAL “LAST CHANCE AGREEMENT” (LCA) DISMISSALS The Federal Circuit Court of Appeals just reminded us that while it is possible to challenge, appeal or arbitrate a dispute over whether a last chance agreement permitted the agency to terminate … Continue reading

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WHAT DOES DODEA THINK MISOGENY IS IF NOT THIS? We have a lot of respect for the top leaders at the DOD Education Activity (DoDEA), but based on a new EEOC decision it looks like they have a lot of … Continue reading

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EEOC MANDATES PERFORMANCE AWARD A supervisory Customs and Border Protection employee was not at work for more than half of the fiscal year due to cancer treatment and surgery. Nonetheless, he felt he was entitled to an annual performance award … Continue reading

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