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.

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 worse and … Continue reading

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ASKING THE SPOUSE IS A D.O. DUE PROCESS NO-NO When a federal firefighter failed a random drug test, he claimed that he must have mistakenly taken one of his mother’s pills given that they live together. The agency decided not … Continue reading

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EIGHT YEARS OF BACK PAY & AN AGE DISCRIMINATION GUIDE MSPB just issued what it labelled a precedent-setting decision that will give a former OMB employee eight years of back pay and all the benefits that go along with it. … Continue reading

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THIS POOR DHS BRANCH CHIEF MSPB just upheld the termination of a DHS Branch Chief for unacceptable performance under circumstances that a bargaining unit employee likely would have won. We say that because the agency did not rely on the … Continue reading

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EEOC REMINDER ABOUT LEAVE AND REASONABLE ACCOMMODATIONS Given the increasing number of requests for reasonable accommodations, union reps need to remember the following EEOC precedent: “forcing an employee to take leave when another accommodation would permit an employee to continue … Continue reading

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MSPB CHANGES SIXTH DOUGLAS FACTOR MEANING If a union rep cannot undermine the agency’s evidence that the employee committed the alleged infraction, then s/he uses the “Douglas Factors” to argue that even though guilty the employee’s penalty should be mitigated … Continue reading

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ON YOUR OWN; WE ARE ON RETREAT The Fedsmill.com executive board has called a three-weeks long meeting of all officers, staff, international correspondents, imbedded informants, and its nighttime all-Norwegian cleaning crew starting September 19. We will be on Cap-aux-Meules at … Continue reading

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UNDERTAKING A HGDG REVERSAL STRATEGY We are back on the issue of OPM standing in the way of employees receiving back pay for all the time they spend performing higher graded duties. See our recent post entitled, “Money For Higher-Graded … Continue reading

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PROPS TO THE NLRBPA FOR THIS UNUSUAL GRIEVANCE We are happy to tip our hat to these union leaders for filing and winning a grievance involving probationary employees. Showing that they know their way around the Code of Federal Regulations, … Continue reading

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WHOPPER OF A REMEDY AGAINST INFAMOUS AGENCY Off the top of our head, we can’t think of an agency that did more to recklessly follow the labor relations advice of the last White House Administration – even though any LR … Continue reading

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