Author Archives: AdminUN
LIGHT DUTY DENIALS CAN BE CONSTRUCTIVE SUSPENSIONS What do you do if an employee’s doctor says she can only return to work if given light duty, the agency refuses to provide any, and as a result the employee takes large … Continue reading
FEDSMILL’S PARTICULARIZED NEED FORM While science’s two-decade long, multi-billion dollar search for the Higgs-Boson particle ended in success (and according to some putting man virtually face-to-face with god), the quest for particularized need has proven more challenging than that for … Continue reading
ULP SETTLEMENT ALERTS PAGE When unions file ULP charges with the FLRA Office of the General Counsel, that office tries to settle a case before it takes the case to an Administrative Law Judge. When the GC gets a good … Continue reading
MSPB’S MR. MAGOO MOMENT While the Board’s core job is to make a decision based on the individual case facts before it, it is also expected to look a reasonable distance into the future when creating the precedents that will decide … Continue reading
ANOTHER “CAT’S PAW” DISCRIMINATION VICTORY Is it possible to prove illegal EEO retaliation when the promotion selecting official had no knowledge that the an applicant she passed over ever had filed an EEO charge? Yes, it is possible if you … Continue reading
EXAMPLES OF PROHIBITED PERSONNEL PRACTICES Unions can grieve to enforce any of the law’s Prohibited Personnel Practice. We can include them in a grievance along with allegations that the contract was violated as well as that there was a ULP. … Continue reading
USERRA VICTORIES Bargaining unit employees returning from active military service have rights that unions can enforce through their grievance-arbitration procedures. Among the most important are that they must receive promotions and job offers that they would have received but for … Continue reading
THE SETTLEMENT MOTIVATION One reason managers fail to settle grievances early is that they are unaware of the risks. Although it would help everyone if agency leaders made them aware of the risk, unions carry some of the blame for … Continue reading
HAIR! Many law enforcement agencies demand that their officer/agents be clear-shaven at all times because they believe, without a scintilla of evidence, that makes them more effective. But a large number of officers/agents believe that intrudes unnecessarily on their personal … Continue reading
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HOW TO VOID CRITICAL ELEMENT RATINGS Way back in the late 70’s agencies could only fire poor performing employees using the adverse actions statutes. Managers complained that made it too hard because they had to prove their allegations by the … Continue reading