Dubester tried to warn the two tooting Trumpettes, Kiko & Abbott, when they first made their decision that they were using fake facts to overturn a union ULP win. But, of course, they did not listen because playing fast and loose with the truth is how Kiko, Abbott and their kind operate our current government. The case was simple.  The union won an arbitration case in 2010 that called for the agency to modify its payroll system.  The Agency said it would and made some efforts to comply, but in 2015 announced to the union that it could not comply.  At that point, the union filed a ULP seeking to enforce the original decision.  Abbott and Kiko overturned the ALJ’s decision finding a ULP by proclaiming that the deadline for filing the ULP began running when the original arbitration award was issued in 2010.  In other words, the union should have been able to see five years into the future to determine that the agency would not comply. That made the 2015 ULP untimely and the entire case was flushed down the toilet on which Kiko and Abbott have been enthroned by our President.

Fortunately, this time Abbott and Kiko’s decision could be appealed to a court to see whether they were right or Dubester was. Dubester had blasted those two for ignoring the mountain of evidence and making up their own story of what happened. The Court agreed that Dubester had the correct view of the law.  The ULP did not have to be filed until 2015 because it was only then that the Agency stopped promising to work toward implementation and expressly refused to comply with the award. The court then listed about a half-dozen, stone-cold facts that Abbott and Kiko chose to ignore.

The fact that the Trumpettes manipulate and make up facts is not new to those of us who follow the trash they write.  They are simply anti-union operatives who feel no need to apply the law honestly or with integrity. They are there to suppress unions. But it is nice to see what most considered to be the second highest court in the country confirm the type of people they are.

For details see FEA and FLRA, No. 18-1198 (D.C.Cir. 2019)


About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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