Category Archives: Bargaining Law

OH, HOW THEY LIE FLRA Member Kiko made a point on her bio to mention that in her spare time she works with her church’s women’s group and Member Abbott majored in religion. Yet, these self-promoting theists have no problem … Continue reading

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UNION’S OPTIONS WHEN AN AGREEMENT PROVISION IS DECLARED UNENFORCEABLE FLRA long ago ruled that even if an agency agreed to a particular agreement provision (or FSIP imposed it) and the agency head approved it as legal, the agency can declare … Continue reading

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WHEN IS AN AGENCY PROPOSAL EVIDENCE OF BAD FAITH BARGAINING?  If you are looking for proof that the agency has engaged in bad faith bargaining, be sure to examine the proposals it has made. The courts have held in the … Continue reading

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WHAT IS SURFACE BARGAINING?  To begin, it is illegal.  It is also what Trump’s executive orders virtually mandate that all management negotiators do.  Finally, it is something union negotiators should learn to recognize because it could be the key to … Continue reading

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THE CHAIRMAN’S FAVORITE MANAGEMENT BLUNDER One of the best ways to teach is to tell a story and our chairman reels off one after another at board meetings.  But he has a favorite and it involves a case precedent that … Continue reading

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TRUMP’S EXECUTIVE ORDERS HOG TIE AGENCY GROUND RULE NEGOTIATORS Traditionally, there are four things agencies want from unions when bargaining ground rules for reopening a term agreement. This is particularly true during times when the FSIP is heavily biased against … Continue reading

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UNION REP TEST #5 (Negotiations –An Agency’s 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 … Continue reading

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WHY CAN’T PARTIAL TERM AGREEMENTS BE IMPLEMENTED? FLRA has held section 7114(c) contemplates that a negotiated agreement generally will be treated as an integrated and complete document rather than as a collection of articles and sections. It has pointed to … Continue reading

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THE “GET OUT OF FSIP FREE” CARD      FSIP is the center of the known labor relations universe these days.  Agency negotiators are busting vital organs trying to rush negotiation disputes there because they know the fix is in.  Unions, on … Continue reading

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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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