PROPS TO THE NLRBPA FOR THIS UNUSUAL GRIEVANCE
We are happy to tip our hat to these union leaders for filing and winning a grievance involving probationary employees. Showing that they know their way around the Code of Federal Regulations, the union challenged management when the agency said that Law Clerk Trainees had to serve a new probationary period once they were converted to permanent Attorneys. The agency took the position the employees had to not only because they were temporary employees as trainees, but also did not hold the “same or similar jobs” as trainees as they would as permanent attorneys. The arbitrator and FLRA agreed that the agency was wrong based on the union’s skilled argument interpreting regulations, and the agency was obligated to credit the employees’ time as trainees toward the two-year probationary period requirement as attorneys. For details check out NLRB and NLRBPA, 73 FLRA 223 (2022)