Category Archives: FLRA

Posted on May 3, 2012 by AdminUN

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 →

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Posted on April 5, 2012 by AdminUN

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 →

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Posted on April 4, 2012 by AdminUN

IS CBP FUNDING NTEU? No, at least not directly.  FLRA recently dismissed yet another Customs and Border Protection exception to an arbitration decision.  (NTEU 66 FLRA 556) No news there.  But this is another in a long line of cases … Continue reading →

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Posted on March 15, 2012 by AdminUN

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 →

Posted in Bargaining Law, FLRA, FUBAR | Tagged , , | 1 Comment

Posted on March 12, 2012 by AdminUN

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 →

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Posted on March 7, 2012 by AdminUN

HOW NTEU DEALS WITH RECLASSIFICATIONS Assume that management wants to change the series classification from one series to another without any change in the employees’ grade, work, or location.  What can the union do about that given that it cannot … Continue reading →

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Posted on February 2, 2012 by AdminUN

FLRA FUBAR: ARBITRATING PROBATIONARY TERMINATIONS In December 2011 the Authority had a chance in NTEU, 66 FLRA 416 to fix an error it made decades ago that denied unions and agencies the right to consolidate the numerous appeal options of … Continue reading →

Posted in Arbitration, FLRA, FUBAR, Probation Period | Tagged , , , | 1 Comment

Posted on January 26, 2012 by AdminUN

STATUTORY GOOD FAITH VERSUS CONTRACT GOOD FAITH The law requires that management engage in “good faith” bargaining with the union.  But the union is also permitted to argue that its contract contains a separate and additional obligation to bargain in … Continue reading →

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Posted on January 5, 2012 by AdminUN

16 WAYS PROBATIONERS CAN APPEAL TERMINATIONS The single biggest lie told newly hired federal employees may be the words “Probationary employees have no rights.”  The second biggest might be that there is nothing the union can do for them during … Continue reading →

Posted in Discipline/Adverse Action, FLRA, FLSA/Overtime, FMLA, Grievance/Arbitration, MSPB, Performance, Probation Period, Safety/Health, Special Counsel, Union Rights | Tagged , , | Leave a comment

Posted on January 5, 2012 by AdminUN

PROBATIONARY EMPLOYEE INTERVIEW CHECKLIST If a probationary employee comes to the union for help because he/she is about to be or has been terminated, the union should go over the following issues with the employee to see if there are … Continue reading →

Posted in FLRA, Grievance/Arbitration, MSPB, Probation Period | Tagged , , , | 1 Comment