Category Archives: Bargaining Law

INADEQUATE AGENCY NOTICE GIVES UNION A BIG BARGAINING BONUS (PT. 2) NEGOTIATOR ALERT!     What does it mean for the union when management gives it advance notice of a proposed change, but the notice omits some of the details?  It means a … Continue reading

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THE  INTELLECTUAL DISHONESTY OF “COVERED-BY” ADVOCATES There is an ALJ case lingering in the FLRA decision pipeline that will once again put the “covered-by” (CB) defense up for review. (See DoD and NEA) Having watched the CB defense come into … 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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NEGOTIATORS! READ WHAT DEWEY HAS TO SAY PRONTO Dewey Publishing puts out an e-mail alert about FLRA and MSPB developments.  They are a trusted source of advice—so much so that I published my book COLLECTIVE BARGAINING LAW FOR THE FEDERAL … Continue reading

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WHAT IS SURFACE BARGAINING? It is an illegal form of bargaining.  It is used to delay bargaining progress.  It can be very costly to a union. It makes the union look powerless in front of its members. What follows is … Continue reading

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AND THIS IS WHY YOU NEED UNIONS At some point after the new White House Lord of the Manor arrived in 2017 word came down to the VA that some unnamed folks in the chain-of-command wanted to look tough on … Continue reading

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IMPORTANT FLRA “SCOPE OF PROPOSALS” DECISION Last month, FLRA decided a POPA case that all negotiators should read closely. (66 FLRA 247)  Management made a mid-term proposal to change one part of a performance awards program and the union responded with … Continue reading

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THIS FLRA DECISION IS POPPYCOCK, DRIVEL, TWADDLE & TOSH A union grieved to block implementation of a new term agreement, portions of which were imposed by FSIP.   FLRA ruled that the union’s grievance was defective because it was “directly” challenging … Continue reading

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FLRA’S BIZARRE VALENTINES DAY GIFT FLRA slipped a bizarre gift under our L-M community pillow on the eve of Valentines’ Day. It held that unions can be obligated to reopen and modify existing term bargaining ground rules agreements in the … Continue reading

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WHOPPER OF A REMEDY AGAINST INFAMOUS AGENCY Off the top of our head, we can’t think of an agency that did more to recklessly follow the labor relations advice of the last White House Administration – even though any LR … Continue reading

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