Category Archives: Bargaining Law

WHEN HIGHER AUTHORITIES INTERFERE WITH BARGAINING One of the more maddening parts of bargaining for a union involves an agency rejecting a union proposal without a good explanation. For example, when the bargaining agency refuses to agree to any increase … Continue reading

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WAS THE TRUMP-BORDER PATROL COUNCIL DEAL A BRIBE? On December 16 the Washington Post revealed Trump intervened in the Border Patrol Council’s collective bargaining negotiations with CBP management to give the union a deal no other union in the federal sector can … Continue reading

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TEST YOURSELF: The Specific Notice Obligation  We have said it often before.  The biggest process mistake management can make while bargaining is to violate this obligation, and aggressive enforcement of this obligation by the union increases its visibility, credibility, and … Continue reading

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LET‘S OVERTURN FLRA’S NUTTY & ILLEGAL PERMISSIVE BARGAINING PRECEDENT Back in 1999, the Clinton Administration’s FLRA held that when an agreement expires containing a 7106(b)(1) permissively bargained provision, “A party’s right to terminate unilaterally a permissive bargaining subject is not … Continue reading

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TRUMP’S UNION-KILLING EXECUTIVE ORDERS OVERTURNED BY THE COURTS – REVISED It is a 119-page decision, but here are the highlights in the Judge’s own words. “…the President’s policy choices as reflected in the challenged executive orders do not align with the … Continue reading

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WITH FLRA ENCOURAGEMENT AGENCY SHOOTS ITSELF IN FOOT DURING BARGAINING After a long winter’s nap during which it did not issue a decision for two months, the FLRA ALJ shop has rejoined active society with a decision that exposes a … Continue reading

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FINGERS, THUMBS, NEGOTIABILITY AND IMPASSE Both labor-management parties are regularly guilty of missing the very significant distinction between a proposal being “non-negotiable” versus the agency having “no obligation to bargain” over it.  The pre-impasse bargaining process permits parties to use … Continue reading

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MADAME CHAIR, MEET MR. NEWTON Sir Isaac Newton that is. We are suggesting this hook-up because you and your fellow Trumpian traveler seem to have forgotten about his third law of motion, namely, that for every action there is an … Continue reading

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NEGOTIATORS, “LET’S BE CAREFUL OUT THERE.” Wandering around the streets and back alleys of a collective bargaining neighborhood can be very dangerous—even fatal to one’s future career prospects as a negotiator. A new FLRA decision reminds us of a signature … Continue reading

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THE KABOOM!!! OPTION: WHEN UNIONS BARGAIN IRRESPONSIBLY After writing about what unions can do when an agency drags its feet in term bargaining, fairness demands that we also touch on what happens when the union negotiators bargain irresponsibly, e.g., they … Continue reading

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