Category Archives: ULPs

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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WHEN ARE UNION-EMPLOYEE CONVERSATIONS CONFIDENTIAL? The short answer is, “Most times, but not always.”  The FLRA rolled out a decision recently making that crystal clear by endorsing management’s right to force a union representative to reveal to its investigators what … Continue reading

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TEST YOURSELF- A New Kind of Posting Starting today we plan on posting fact patterns that will give you a chance to challenge your knowledge of labor/employment laws, regulations and strategy. Each will deal with a situation union representatives are … Continue reading

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TEST YOURSELF #1- The Late Bargaining Demand How do you respond when an LR specialist rejects your request to bargain over a management-proposed space change because your demand was a day or two late under the contract? Here are a … Continue reading

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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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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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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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ILLEGAL TELEWORK DEALS What do you call it when a bargaining unit employee asks her manager to allow her to telework, the manager agrees, and they work out the details of when, where, and under what conditions? “Illegal” is what … Continue reading

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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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FORMAL DISCUSSION COMPROMISE The law provides that union representatives attending formal meetings can comment on what management says, offer opposing perspectives, and generally do what is necessary to safeguard employee & union interests.  But they can’t take charge, usurp or disrupt. … Continue reading

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