Category Archives: Arbitration
HOW TO INTERPRET CONTRACTS AND LAWS A recent post about two FLRA members declaring the placement of a single letter in the labor law to be so significant as to make clear and unambiguous the answer to three substantial labor … Continue reading
CRITICAL CONTRACT CLAUSES (#3) – Creative Arbitration Provisions Every federal sector contract has an arbitration clause, but a lot of them have not changed much in decades despite a raft of problems with the process, e.g., slow arbitrators, FLRA reversals … Continue reading
NTEU’S “ALVARA-RASSENFOSS” DILEMMA One thing that distinguishes NTEU from almost every other multi-local union operating in the federal sector is that the decision to arbitrate a case in any unit is made by NTEU’s National President, the highest officer in … Continue reading
ADVOCATES’ ALERT: AT LEAST MAKE THE ARGUMENT The Authority just posted a new decision and the lesson for advocates on either side of the arbitration table is that they should get all their arguments on the record, even if they … Continue reading
WHAT HAPPENS IF YOU STORM OUT OF AN ARBITRATION HEARING? Whether it is the union or management refusing to participate and whether it is a grievance arbitration or an interest arbitration, the answer is the same. It is a very … Continue reading
THE APPROXIMATE REMEDY Too many arbitration cases have come before the FLRA where the union failed to ask for a tough enough remedy. Often, it appears the union concluded that it would be too tough to prove precisely what would … Continue reading
NTEU BREAKS OVERTIME RESTRAINTS ON FORMER AFGE MEMBERS Decades ago the Commissioner of the Immigration and Naturalization Service (INS) issued a proclamation stating that he was taking away the right of INS employees to two consecutive days off a workweek and … Continue reading
TEST YOURSELF- The Correct OT Remedy Let’s assume that you find management has incorrectly told some employees over the last nine months that they may only be compensated with comp time to work extra hours, not time-and-one-half overtime pay. Then, … Continue reading
WHEN THE GERMANS BOMBED PEARL HARBOR One of the great lines from film is the Animal House passage where one of the frat boys declares that nothing is over until the frat declares it over—just like it wasn’t over for … Continue reading
FLRA EXPANDS ARBITRATORS’ POWERS Up until last week, once an arbitrator issued a final decision he/she was done with that case and had no right to issue a supplemental or follow-up award. The arbitrator was considered to be “functus officio,” … Continue reading
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