Category Archives: Bargaining Law
NEGOTIATORS BEWARE OF MOUs A new FLRA decision (AFGE, 64 FLRA 1113)leaves all us practitioners just a little more confused about the process for terminating not just a mid-term MOU agreement, but also the practices it established. AFGE lost the … Continue reading →
Posted in Bargaining Law, ULPs
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Tagged Contract Termination, Memo of Understanding
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FUBAR: POPE’S PERMISSIVE POPPYCOCK QUESTION: Why should a union never accept a management offer to sign contract language over a Section 7106(b)(1) permissive subject, such as method and means, technology, numbers, grades, etc.? ANSWER: Because Carol Waller Pope, Chair of … Continue reading →
BARGAINING OVER WORKLOAD CHANGES The FLRA decided to once again defy common sense and only time (and a federal circuit court) will tell which one prevails. The outcome will determine whether unions have the right to negotiate over changes in … Continue reading →
MAKING NEW PROPOSALS AFTER BARGAINING BEGINS There is a little-known court case that authorizes union negotiators to make totally new proposals in the middle of negotiations.
Posted in Bargaining Law, Bargaining Proposals, Strategy/tactics
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Tagged Counter-proposals, Proposals
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DUBESTER CRITICIZES COVERED-BY CONCEPT FLRA Member DuBester launched his own five-prong attack on the infamous two-prong covered-by concept that has generated so much chaos since its creation. Writing a dissenting opinion in AFGE, SSA General Committee, 66 FLRA No. 108, … Continue reading →
Posted in Bargaining Law, Covered-by, FLRA
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Tagged Bargaining, Covered-by, DuBester, FLRA Dissent
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FLRA FUBAR: THE PAST PRACTICE “ACQUIESCENCE” MESS The FLRA has done a lot of good, and it has had moments where it neither helped nor harmed. But there also have been times when it has Fouled Up Beyond All Reason … Continue reading →
OCTOMOM AND THE “COVERED-BY” BARGAINING DEFENSE Much of science is devoted to finding out where things came from, e.g., the universe, global warming, the Kardashians, etc. But there is no need to search very far for the origin of the … Continue reading →
Posted in Bargaining Law, Covered-by, FLRA, ULPs
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Tagged Covered-by, Harry Edwards, union
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20+ FLRA PRECEDENTS UNION NEGOTIATORS MUST KNOW (Complete) Collective bargaining is like a tennis match. The two players repeatedly fire the ball at one another hoping to force a mistake, get an advantage, or just tire the other out. Furthermore, … Continue reading →
Posted in Bargaining Law, FLRA
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Tagged AFGE, FLRA, FOP, Midterm Bargaining, NAGE, NATCA, NFFE, NTEU, POPA, union
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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 … Continue reading →
Posted in Bargaining Law, Bargaining Tactics, FLRA, ULPs
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Tagged Adequate notice, FLRA, Power, Specific notice, ULP, union
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NO AGENCY NOTICE GIVES UNION BIG BARGAINING BONUS (PT. 1) NEGOTIATOR ALERT! Managers often fail to give the union advance specific notice of a pending change in conditions of employment. That is a fact of life every union leader learns … Continue reading →
Posted in Bargaining Law, FLRA, ULPs
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Tagged FLRA, negotiations, Specific notice, ULP, union
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