Category Archives: Arbitration
WHAT IS A GRIEVANCE RECOVERY PERIOD? The FLRA has said that it “specifically distinguished between contractual back pay recovery periods and contractual time periods for filing grievances.” Consequently, we practitioners had better know the difference, particularly when we sit down to write a … Continue reading
THE CARE AND FEEDING OF ARBITRATORS If you understand how hard it is to keep goldfish thriving, then you know something about sustaining arbitrators. They need constant care and attention throughout a case. Ignore one tiny detail and your case … Continue reading
YODA, KING SOLOMON & ARBITRATORS In my experience, most arbitrators see themselves as the fruit of a mythical, time-travel-assisted coupling of Yoda and the infamous baby-splitting King Solomon. Their wisdom and power are, therefore, boundless. Yet, they do not seem … Continue reading
IS IT “SHIRKING” OR JUST OLD FASHION LYING? The political extremists who see unions as their enemies (and most are) and who would give managers unreviewable dictatorial power to fire whomever they wish for any reason they wish are at … Continue reading
REMEMBER THIS FOR WHEN THE GRIEVANCE HATERS RETURN Although the FLRA is once again operating as a neutral and professional labor relations administrator, there will come a time when once again at least two of the three seats will be … Continue reading
THE FLRA PRECEDENT PENDULUM SWINGS YET AGAIN One of the problems with case law precedent is that it often changes every time a different political party occupies the White House (WH). Last week FLRA swung the precedent pendulum yet again … Continue reading
BEWARE THIS CONTRACT DEADLINE CLAUSE Here is one we have not seen before. An arbitrator sustained a grievance and subsequently awarded the union attorney fees. However, he did so after four days after the negotiated deadline provision in the parties’ … Continue reading
WHEN TO APPEAL AN ARBITRATION LOSS TO MSPB/EEOC, NOT FLRA FLRA recently reminded union leaders that under 5 USC 7122(a) it does not have jurisdiction to review arbitration decisions involving adverse actions. In AFGE and Dep’t. of Veteran Affairs, 73 … Continue reading
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