Category Archives: Arbitration

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

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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

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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

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ARBITRATOR PRITZKER, YOU ARE DEAD WRONG    Malcolm Pritzker, an experienced DC arbitrator, recently ruled that an agency (SSA) violated the law by withholding information from the union (AALJ) during bargaining.  The agency withheld the information, sped the dispute to the FSIP, and got one of the Panel’s politically-patented anti-union decisions imposing working … Continue reading

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FLRA WILL DESTROY LABOR ARBITRATION UNLESS ARBITRATORS DO THIS In 2017 Trump filled the majority of the seats on the Federal Labor Relations Authority from his stockpile of political operatives who understand the need to crush unions and employee rights … Continue reading

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THE ABBOTT-KIKO ARBITRATION OVERTIME SWINDLE After 40 years of FLRA upholding virtually all arbitrator decisions granting employees retroactive overtime pay for violations of the labor agreement, regulation, past practices or law, the two Trump FLRA appointees have conspired to swindle … Continue reading

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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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