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.

PIZZELLA ON THE CONDUCT OF UNION REPS Over time the Authority has offered practitioners a reasonably workable, four-factor criteria for finding the balance between a union rep’s behavior that the Statute protects, and misconduct that impinges upon the agency’s right … Continue reading →

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DON’T DO THESE BACK PAY DEALS Not long ago we posted two pieces about how the FSIP and interest arbitrators do not appear to have the right to order new compensation provisions be retroactively implemented.  See “Peter Sutton’s Very Hot … Continue reading →

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EEOC REAFFIRMS THE AGE DISCRIMINATION STANDARD OF PROOF What does an employee have to prove to win an age discrimination case?  Does he have to show that “but for” a discriminatory act he would have received the promotion or other … Continue reading →

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FMLA: WHAT ARE YOU DOING WRONG? If you work the union’s FMLA cases or process them in HR then we recommend you keep up with the JacksonLewis series entitled, “What Am I Doing Wrong?  Common FMLA Mistakes.” While it is … Continue reading →

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WHEN NOT TO GRIEVE WIGI DENIALS In virtually every other situation, the rule of thumb is that the deadline for filing a grievance begins to run when the agency issues its written decision. But not when a WIGI is involved–and … Continue reading →

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PIZZELLA ON BONDAGE Back in 1997 the Authority declared that it favored automatically including employees in existing bargaining units if they shared a community of interest. It saw no need to force agencies and unions to undergo the multi-year costs, … Continue reading →

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WHAT IS A PROPHYLACTIC PROPOSAL? It is not only something union negotiators can use to protect members from the adverse effects of a management intrusion into their lives, but also something the FLRA endorses.  (This is a republication of a … Continue reading →

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PIZZELLA POISED TO CREATE CHAOS Brace yourself if you have anything to do with federal sector labor relations. Pat Pizzella, the Acting Chair of the FLRA and presumptive heir to the chair, is about to rattle your world like a … Continue reading →

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QUIZ: WHERE IN THE WORLD IS THE REMEDY? On April 24, 2017 FLRA decided a case where the arbitrator found that the agency had violated the contract when it refused to approve full-time telework for an employee. However, because the … Continue reading →

Posted in Grievance/Arbitration, Quiz, Remedies | Tagged | Leave a comment

IS “PROOF OF NEED” REQUIRED FOR INTERMITTENT FMLA LEAVE DAYS? While it is hard to ever say “never” to a legal question, at least one federal circuit court believes that an employee may not be required to show s/he had … Continue reading →

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