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.

WHY UNION REPS NEED LAWYERS HANDY FEDSMILL makes no secret of the fact that we think unions have to reorganize themselves in order to make attorneys more available to local chapter presidents and chief stewards. We even believe that organized … Continue reading

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FLRA PUBLISHES GUIDE TO NEGOTIABILITY Our congrats to FLRA Member Dubester for keeping FLRA active while we await Carol Pope’s Senate confirmation.  The FLRA just issued a Guide to Negotiability that any union negotiators should print and read.

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TEST YOURSELF- FMLA, DISABILITIES, AND LIGHT DUTY An employee, Jessie Crutch, had a long-time reasonable accommodation of being allowed to rest his hip for a few minutes every few hours while working as a warehouse custodian.  As the injury got … Continue reading

Posted in Discipline/Adverse Action, EEO/Disabilities, FMLA, Test Yourself | Tagged , | Leave a comment

WHAT IS FRONT PAY? Let’s say that you are representing a terminated employee and realize three things about his/her situation.  First, the job the employee held before being fired no longer exists.  Second, even if you get the employee reinstated, it … Continue reading

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LACTATION DISCRIMINATION The United States Court of Appeals for the Fifth Circuit held unanimously recently that firing a woman because she is lactating or expressing milk is unlawful sex discrimination under Title VII of the Civil Rights Act of 1964 … Continue reading

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OUR FAVORITE APPROPRIATE ARRANGEMENT PROPOSALS (Pt. 3 – Union Needs) Unions and their reps can be just as impacted by a proposed agency management rights change as any other bargaining unit employees.  Consequently, the FLRA allows unions to make bargaining … Continue reading

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ACCOMMODATING ALMOST EVERY TIME IS NOT GOOD ENOUGH Not long ago the Dept. of Defense tried to defend itself against an allegation that it had failed to provide a deaf employee a reasonable accommodation by pointing out that it had … Continue reading

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 WHEN AGENCIES LIE IN SETTLEMENT TALKS Here are the facts that MSPB recently faced.  Two employees got into a fight at the workplace and were fired. As their MSPB appeal hearings grew closer, the agency made settlement offers and one … Continue reading

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CANCER VICTIMS’ RIGHTS IN THE WORKPLACE EEOC has just updated its Q&A about the rights cancer victims have in the workplace.   Among the more relevant questions are 1-  What other types of reasonable accommodations may employees with cancer need? 2- … Continue reading

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OUR FAVORITE APPROPRIATE ARRANGEMENT PROPOSALS (Pt. 2- Postponing Implementation) When management finally notifies the union of a proposed midterm change it wishes to make pursuant to its 7106 management rights, it usually is very eager to implement it.  Often, it is … Continue reading

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