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.

STATUTORY GOOD FAITH VERSUS CONTRACT GOOD FAITH The law requires that management engage in “good faith” bargaining with the union.  But the union is also permitted to argue that its contract contains a separate and additional obligation to bargain in … Continue reading

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BORDER PATROL COUNCIL SETS UNIFORM $$$ PRECEDENT The Border Patrol Council set a nice precedent for the rest of us whose members are required to purchase uniforms.  Thanks to what the arbitrator ruled was Customs and Border Protection’s rigidity, management … Continue reading

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POST-PIP PROTECTION Employees who successfully make it through a PIP walk on very thin ice for the 12 months afterwards.  If their performance falls below the required standard during those 365 days, they can be terminated without another PIP opportunity … Continue reading

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CONGRESSIONAL STAFFERS OWE MILLIONS IN UNPAID TAXES Great article posted in the Washington Post by Ed O’Keefe on 1/23/12.  It is another “gotta read” piece about the hypocrisy in Congress over raising enough money to fund the government—and federal employee … Continue reading

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NTEU PROVES FDIC PAY RAISES VIOLATE CIVIL RIGHTS ACT NTEU charged the Federal Deposit Insurance Corporation with discriminating against its African-American employees and those 40 and over when it distributed performance awards. Last week an arbitrator agreed ruling that FDIC … Continue reading

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RETALIATION, SPOUSES, AND CATS News broke last week that retaliation against employees spiked last year.  So, FEDSMILL.com thought it might be a good time to remind everyone what actions are considered retaliation and the options for dealing with it.

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FREE HEARING TRANSCRIPTS FOR UNIONS In 1991 FLRA announced that management must provide unions free copies of an official transcript of an arbitration hearing. 

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FORMAL DISCUSSION COMPROMISE The law provides that union representatives attending formal meetings can comment on what management says, offer opposing perspectives, and generally do what is necessary to safeguard employee & union interests.  But they can’t take charge, usurp or disrupt. … Continue reading

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LIMITATIONS ON MANAGEMENT DISCRETION The very term “management discretion” suggests that management can do what it wants, but FLRA ruled that is not true—or at least there are limits.  The Authority faced a case where management had the discretion to … Continue reading

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REPRESENTING A TRANSGENDER EMPLOYEE Some of us at Fedsmill.com have already been involved with representing transgender employees and it would be wise for all union leaders to keep an eye on how these cases are spinning out. The law firm … Continue reading

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