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.

NEW FLRA DECISION SETS A RECORD FOR BLUNDERS The Authority just issued DoD, DoDEA, Puerto Rico and Antillies Consolidated Education Association, 72 FLRA 414 (2021) which, along with the related prior Court of Appeals decision and other FLRA decision set … Continue reading

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FMLA OFTEN REQUIRES PERFORMANCE STANDARD ADJUSTMENTS Often an employer must adjust an employee’s performance standards once it approves the employee’s FMLA leave request.  Not long ago a Federal Circuit Court spelled it out for LR practitioners on both sides of … Continue reading

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UNION REP TEST #14- (Back Pay Entitlement) Many grievances are about getting back pay for employees, which makes it very important that practitioners know what can and cannot be done with back pay. Unfortunately, there are a lot of traps … Continue reading

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Part 2- GRIEVANCE STRATEGY ISSUES Now let’s turn to the common labor agreement requirement that the grievance include “the article(s) and section(s) violated.” Again, this sounds simple and very often is, but there are important exceptions.

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GRIEVANCE STRATEGY OPTIONS TO CONSIDER  – Part 1 Most labor-management agreements list a few simple items that must be addressed to file a valid grievance, e.g., 1- name of the grievant, 2- agreement article and section violated, 3- date of … Continue reading

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UNION REP TEST#13- (Loss of Status) Assume that a supervisor gets upset with an employee, who has long had special status in the work group and takes all that away from her.  Up until this run-in with the supervisor, this … Continue reading

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WHAT IF YOU JUST ALERT MANAGEMENT TO AN EEO PROBLEM BUT NEVER FILE A COMPLAINT? A well-meaning Corrections Supervisor approached the Warden and “… voiced some concerns with…promoting other staff to the acting position and compensating one at the higher … Continue reading

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FLRA’S CHURCH LADY EXPOSES HERSELF The FLRA Chair, Colleen Kiko-Duffy, has made it a point to publicize not just her faith in God, but also her active involvement in her church. So, imagine our surprise when we saw her criticism of the … Continue reading

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WHAT ARE COMPENSATORY DAMAGES FOR DISCRIMINATION? A lot of FEDSMILL articles mention that employees who win discrimination grievances or complaints often get “compensatory damages.” So, we thought we would take just a minute to explain what that term means because … Continue reading

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HOW TO AVOID THE “EXCESSIVE INTERFERENCE LITE” TRAP IN ARBITRATION Now that Trump’s two operatives on the FLRA have made clear their intention to weaken unions and collective bargaining, unions would be wise to counter the pending onslaught of precedent-trashing … Continue reading

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