Category Archives: Bargaining Negotiability

FSIP, DE FACTO NEGOTIABILITY DISPUTES & ULP’s Agencies are obligated by executive order to refuse to negotiate over certain union proposals. So, what happens if a union makes proposals that directly clash with the provisions of Trump’s executive orders? One … Continue reading

Posted in Bargaining Negotiability, FSIP, Strategy/tactics | Tagged | 3 Comments

UNION NEGOTIATOR’S QUIZ Imagine you are in this situation.  You are in term negotiations and the agency refused to bargain over three provisions that have been in the agreement for more than a decade.  It claims they are suddenly non-negotiable.  … Continue reading

Posted in Bargaining Negotiability, Grievance/Arbitration, Strategy/tactics | Tagged | Comments Off on

MSPB POLICY DIRECTOR ENDORSES PASS-FAIL EVALUATION SYSTEMS If you listen to the anti-labor and anti-employee zealots clogging the OPM and FLRA policy making levels, you would think that union proposals to establish Pass-Fail appraisal ratings systems are Satanic-derived plots to … Continue reading

Posted in Bargaining Negotiability, Performance | Tagged | Comments Off on

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

Posted in Bargaining Law, Bargaining Negotiability | Tagged | Comments Off on

YO-YO KA IS NO YO YO MA While the world of music is blessed with the genius of Yo Yo Ma,  the Federal LMR community is stuck with the screeching of Yo-Yo KA.  Kiko and Abbott (aka The KA), our … Continue reading

Posted in Bargaining, Bargaining Negotiability, FLRA | Tagged | Comments Off on

BEWARE THE RETROACTIVE CONTRACT CLAUSE It does not happen often, but every few years we hear about an interest arbitrator or fact-finder imposing a contract clause that has retroactive effect. For example, suppose the parties went to the FSIP in … Continue reading

Posted in Bargaining, Bargaining Negotiability, FSIP | Tagged | Comments Off on

HOW TO DO QUICK NEGOTIABILITY RESEARCH OPM has an on-line document that we have found helpful for two reasons.  First, it is a good source for ideas about mid-term proposals the union could make.  The ideas are sorted by subject, … Continue reading

Posted in Bargaining Negotiability | Tagged | Comments Off on

  NEGOTIABILITY: FIRST, THE GOOD NEWS A new FLRA negotiability decision (NTEU, 68 FLRA 334 (2015)  makes it a little bit easier for unions to enforce merit-based promotion decisions—if they can convince management to include the concepts in their collective … Continue reading

Posted in Bargaining Negotiability | Tagged | Comments Off on

FLRA PUBLISHES GUIDE TO NEGOTIABILITY Our congrats to FLRA Member Dubester for keeping FLRA active while we await Carol Pope’s Senate confirmation.  The FLRA just issued a Guide to Negotiability that any union negotiators should print and read.

Posted in Bargaining Negotiability | Tagged | Comments Off on

OUR FAVORITE APPROPRIATE ARRANGEMENT PROPOSALS (Pt. 3 – Union Needs) Unions and their reps can be just as impacted by a proposed agency management rights change as any other bargaining unit employees.  Consequently, the FLRA allows unions to make bargaining … Continue reading

Posted in Bargaining Negotiability, Bargaining Proposals | Tagged , | Comments Off on