Category Archives: Arbitration

TWO ROOKIE MISTAKES A recent FLRA decision opens with these three sentences, “In this case, Arbitrator Anthony R. Orman, found that the Agency violated Article 21, Section 4 of the parties’ collective-bargaining agreement by failing to distribute overtime in a “fair … Continue reading

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3 YEARS, 5 MONTHS & 19 DAYS IS NOT PROMPT Because the collective bargaining agreement characterized the grievance process as designed to provide for the “prompt” settlement of grievances, an arbitrator decided to void the union’s grievance on behalf of … Continue reading

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KIKO-ABBOTT RIP UP ANOTHER ARBITRATION AWARD Continuing their campaign of overturning virtually any arbitrator award that dares to sustain a grievance, this dynamic duo of decisional dissembling has created yet another reasons for screwing over employees. Moreover, they did it … Continue reading

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ARBITRATOR’S ALERT: FLRA BUILDS A BIGGER TRAP FOR ARBITRATORS President Trump has installed his two operatives on the FLRA and they have set about deciding what they consider to be “fake law.” Among their first moves was to make it … Continue reading

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AGENCY OBLITERATES UNION BACK PAY AWARD- UNIONS BEWARE Even if you heavily favor unions over management you have to admit that “Congrats” are in order for the Federal Bureau of Prisons based on 64 FLRA 775.  One of the most aggressive … Continue reading

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SAY “THANKS, BUT NO THANKS” TO BACK PAY FROM FSIP OR INTEREST ARBITRATORS- Part 2 Less than a month ago we posted an article warning the parties, but particularly unions, about the potential problems with asking the Panel or interest … Continue reading

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DON’T LIKE THE FLRA DECISION? JUST SAY “NO F….ING WAY!” Fortunately for the effectiveness of the system, most losing parties accept an FLRA decision on exceptions to an arbitration award as final and implement the remedy. However, what can a … Continue reading

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ADVERSE ACTION QUIZ: WHO IS BETTER OFF? Assume that two employees get 15-day adverse action suspensions, their union takes each case to arbitration, and both suspensions are overturned. One employee, Smith, had his adverse action overturned and reduced to a … Continue reading

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AFGE SLAPS DOWN CARELESS ARBITRATOR AFGE just got a MSPB decision loaded with lessons for parties on both sides of the table, but especially for the person sitting at the head of the table, namely, the arbitrator.  When an arbitrator … Continue reading

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OVERCOMING LR INCOMPETENCE Here is our hypothetical.  Assume that the union files a grievance alleging a violation of regulation or contract, wins a big back pay award at arbitration, and it is upheld by FLRA when LR files exceptions. Since … Continue reading

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