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.

HOW HAZARDOUS DUTY PAY CASES ARE WON FLRA issued a decision in the middle of 2021 that put a bright light on how these cases are won and lost. Given how hostile the current FLRA members—or at least two of … Continue reading

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UNION REP TEST #18 – (Attending Formal Discussions) Very few unit employees will ever see union leaders negotiate a contract or even represent a co-worker in a grievance. But if the union uses its right to attend all formal discussions, … Continue reading

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SHOP STEWARD LIABILITY It is that time of the year again for hundreds of union officials.  They are obligated to file reports with the Department of Labor (DOL) spelling out what they have done with the local’s money over the … Continue reading

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WHAT ARE YOU DOING WITH YOUR NEW SANTOS RIGHT? Almost a year ago the Federal Court of Appeals, in a case known as Santos v. NASA, made it just a little bit harder to fire federal employees for poor performance. … Continue reading

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MASKS, FACIAL HAIR, QUAL STANDARDS, AND AFRICAN-AMERICAN EMPLOYEES EEOC just issued a new decision involving African-American employees and qualification standards. It is a familiar story about the difficulty those employees often have when required to be clean shaven in case … Continue reading

Posted in Qualification Standards, Race, Reasonable Accommodations, Safety/Health | Tagged | Leave a comment

COURT HAMMERS TOP ARBITRATOR; SETS NEW ARBITRATION STANDARDS Joseph Sharnoff is one of the top labor arbitrators in the country, but that meant nothing to the Federal Circuit Court of Appeals when it reviewed his decision in an adverse action … Continue reading

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EEOC GRANTS $75,000 FOR WORKPLACE FOOD ALLERGIES HARASSMENT The employee worked in a large, open-space area surrounded by dozens of other employees when she developed allergies to spicy foods, e.g. pepper, Szechuan peppercorn, ginger, especially those made with oils. She … Continue reading

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YES, VIRGINIA, COVID 19 CAN BE A DISABILITY If you are representing a member looking for more flexibility to deal with COVID problems than the agency is allowing, check out this post with the same title as this post from … Continue reading

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PROVING PERFORMANCE APPRAISAL DISCRIMINATION Want to boost your chances of winning a performance appraisal grievance? Check out Maria D. v. Merrick B. Garland, Attorney General, DoJ (FBP), EEOC No. 2021001182 (2021) Maria could have settled for filing a grievance simply … Continue reading

Posted in EEO/Discrimination, Performance | Tagged | Leave a comment

IMPASSE CRACKERS What’s an impasse cracker?  It is one of those tactics seasoned negotiators pull out when bargaining seems hopelessly deadlocked to create an agreement.  FEDSMILL.com has listed some of our favorites for you to consider and use.

Posted in Bargaining, FSIP, Impasse | Tagged | Leave a comment