Category Archives: Bargaining Law

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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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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