Author Archives: AdminUN
THE LEVEL 2 PERFORMANCE APPRAISAL TRAP The word is quietly passing around among managers urging those agencies that have an appraisal system with a level between Fully Successful and Unacceptable for each element to abolish that rating level. It is … Continue reading
ARBITRATORS CAN’T, BUT UNION REPS CAN FLRA just issued a decision overturning an arbitrator’s decision on how to award back pay for unpaid overtime that highlights a very powerful club unions have in these cases. After deciding the agency had … Continue reading
MSPB CHANGES SIXTH DOUGLAS FACTOR’S MEANING If a union rep cannot undermine the agency’s evidence that the employee committed the alleged disciplinary infraction, then s/he uses the “Douglas Factors” to argue that even though guilty the employee’s penalty should be … Continue reading
$63 MILLION PAYOUT COMING YOUR WAY FEDSCOOP has reported that the courts have approved this multi-million dollar settlement covering those folks damaged by the privacy hack of OPM files. Here is the FEDSCOOP story and a link in it to … Continue reading
THIS IS OUR TIME: HOW WOMEN ARE TAKING OVER THE LABOR MOVEMENT There is a very thought-provoking USATODAY article by this same title posted on MSN that we want to bring to your attention. Check it out here.
WHEN TO APPEAL AN ARBITRATION LOSS TO MSPB/EEOC, NOT FLRA FLRA recently reminded union leaders that under 5 USC 7122(a) it does not have jurisdiction to review arbitration decisions involving adverse actions. In AFGE and Dep’t. of Veteran Affairs, 73 … Continue reading
FEDERAL APPEALS COURT EXPANDS RIGHT TO CHALLENGE DISCRIMINATION For years most courts have held that an employee must show some tangible adverse harm before s/he can challenge a management action as being discriminatory, e.g., a termination, loss of overtime, denied … Continue reading
YOUR SANTOS RIGHT GIVEN RETROACTIVE EFFECT You might remember our recent post about a new court decision, known as Santos, holding that when an agency fires someone for unacceptable performance it must now prove that the original PIP it put the employee … Continue reading
REINSTATED DESPITE 939 HOURS OF UNSCHEDULED LEAVE IN ONE YEAR This employee worked only three full pay periods over the course of a year. In all the others, he called in from home or wherever to ask for annual, sick … Continue reading
Posted in Discipline/Adverse Action
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