Category Archives: Grievance/Arbitration
NOW THIS IS A WHOPPER… of a remedy that union reps should keep in mind when drafting grievances, especially those that allege an EEO violation. It is the kind of remedy order that opens up the mind as to what … Continue reading
ARRRRRRGH, SHAPE UP, FLRA! YOU JUST ALLOWED FED SECTOR SEX SLAVERY Earlier this month, FLRA upheld an arbitrator’s ruling that the union loses the right to file a grievance over a continuing violation of a contract, regulation, or law when … Continue reading
RETURNING TO A WORKABLE 7116(d) FORUM SELECTION ANALYSIS What if you want to file a grievance and a ULP with FLRA over the same incident? For example, suppose you want to challenge a member’s suspension as a violation of the … Continue reading
WHAT IS A GRIEVANCE RECOVERY PERIOD? The FLRA has said that it “specifically distinguished between contractual back pay recovery periods and contractual time periods for filing grievances.” Consequently, we practitioners had better know the difference, particularly when we sit down to write a … Continue reading
HOW TO ADD CLOUT TO YOUR GRIEVANCE Wouldn’t you love to make a grievance twice as worrisome for management and give the grievant the chance to get a much bigger payoff than a simple allegation of a contract violation? Well, … Continue reading
DON’T MAKE THE GRIEVANCE MISTAKE THIS UNION DID Who knows why they did it or even if it was knowing and deliberate. But a union that normally represents state and locally police ripped the rug out from under a federal … Continue reading
REMEMBER THIS FOR WHEN THE GRIEVANCE HATERS RETURN Although the FLRA is once again operating as a neutral and professional labor relations administrator, there will come a time when once again at least two of the three seats will be … Continue reading
WHAT TO DO FOR A DEAD GRIEVANT Suppose the union challenges an agency’s termination or demotion of a union member and the employee dies before the case is resolved. Is an arbitrator allowed to issue a decision and if s/he … Continue reading
WHAT CAN BACK PAY AND DAMAGES INCLUDE? You will be surprised to see what can be included and it all depends on how you draft the grievance.
GRIEVING THE DENIAL OF A DEBT COLLECTION WAIVER To our surprise, both FLRA members decided to interpret the law differently from Chairman Dubester. The case raised the question of whether an agency’s denial of an employee’s request to repay an … Continue reading