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.

BEWARE OF NEW PROPOSALS MADE LATE IN BARGAINING Anyone who has actually bargained knows that as bargaining nears the point of impasse, new ideas often are put on the table to get around an insurmountable objection from the other party.  For … Continue reading

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WELL, THEY DID IT AGAIN AT FLRA We’re not referring to Abbott and Kiko overturning yet another long-standing labor law principle, ruling against a union, nor even overturning an arbitrator. That is who they are and what the President expected … Continue reading

Posted in Grievance/Arbitration, ULPs | Tagged | Leave a comment

DOES THE OSC OWE THIS BEDFORD, MA. VA EMPLOYEE AN APOLOGY AND LOTS OF CASH? Although the Privacy Act was passed over 40 years ago, that doesn’t mean that everyone is following it.  For example, the President’s newly appointed Special Counsel … Continue reading

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NAVY MANAGER DISCRIMINATES AGAINST PHILIPPINE EMPLOYEES The EEOC guidelines on English-only rules, found at 29 C.F.R. § 1606.7, state that an employer may require that employees speak English at certain times in the workplace only if the employer can show … Continue reading

Posted in EEO/Discrimination | Tagged | Leave a comment

IS THE FSIP LEGALLY STAFFED? PROBABLY NOT. If Presidents ignore one tiny clause in the statute, the FSIP can be used as a political club to punish unions and the employees who support them.  After all, the President can draw all … Continue reading

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WHAT HAPPENS WHEN “COVERED BY” MEETS IMPASSE? The quick answer is “Nothing good for the union.”  Let’s assume that the parties have been bargaining over a 10-issue mid-term MOU, have agreement on five of the issues and disagree on the … Continue reading

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PRESIDENT DISPLAYS GROSS IGNORANCE OF LR Trump recently issued three Executive Orders aimed at punishing federal employees, who he prefers to call the “deep state,” and the unions that represent them. By this time it should surprise no one that … Continue reading

Posted in Discipline/Adverse Action, Executive Orders | Tagged | Leave a comment

WITH FLRA ENCOURAGEMENT AGENCY SHOOTS ITSELF IN FOOT DURING BARGAINING After a long winter’s nap during which it did not issue a decision for two months, the FLRA ALJ shop has rejoined active society with a decision that exposes a … Continue reading

Posted in Bargaining Law, Bargaining Tactics | Tagged | Leave a comment

AGENCY OBLIGATIONS AT THE END OF THE 12 WEEK FMLA PERIOD The folks at JacksonLewis law firm have put out a series of posts to alert primarily managers to mistakes they can commit when administering FMLA.  Their 15th post highlights what the employer … Continue reading

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FINGERS, THUMBS, NEGOTIABILITY AND IMPASSE Both labor-management parties are regularly guilty of missing the very significant distinction between a proposal being “non-negotiable” versus the agency having “no obligation to bargain” over it.  The pre-impasse bargaining process permits parties to use … Continue reading

Posted in Bargaining Law, Bargaining Negotiability | Tagged | Leave a comment