WHAT IS AN LGBT SLUR?

OPM deserves credit for publishing, “Addressing Sexual and Gender Identity Discrimination in Federal Civilian Employment: A Guide to Employment Rights, Protections and Responsibilities.”   It is a concise and clear explanation of how those who believe they were victims of either form of gender discrimination can formally seek corrective action.  Indeed, its explanation of the anti-discrimination procedures is likely useful for challenging most forms of discrimination.  But, it ducked a very significant step in stopping illegal behavior against anyone in the LGBT community, educating others about what will be considered a harassing slur or even provide examples of situations which have been found to constitute either form of illegal discrimination. We recognize the sensitivity of a government agency identifying a list of slurs or even a string of factual situations it agrees constitute illegal discrimination. But we wonder why it did not at least refer the readers to private lists of that information, such as provided by Wikipedia (List of LBGT Slang Terms), or case examples provided by private entities.  It did not even speak to the question of whether a single example of a slur being used in the workplace will be considered discrimination under OPM rules. Given that the courts are divided on that issue, it was important for OPM to speak.

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FMLA AND OVERNIGHT HOSPITAL STAYS

A new circuit court decision is getting lots of attention because of how it defines an overnight hospital stay for purposes of FMLA.  If you do the FMLA for your local, this is something you might find helpful from FMLA Insights.

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EEOC TO PUBLICLY DISCUSS WORKPLACE HARASSMENT

EEOC is holding a meeting on June 17 in Washington and on-line to discuss how to fight workplace harassment. If you are in DC or can get on-line access this seems like it will be worth your time to listen.

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WERE THESE NON-SELECTED EMPLOYEES ADEQUATELY COUNSELED BY MANAGEMENT?

Below are three paraphrased explanations Selecting Officials gave EEOC for not selecting three promotion applicants. Let’s assume that the Selecting Officials were just as open with the non-selected employees before EEOC got involved, took sworn affidavits from the Selecting Officials and put them under oath on a hearing witness stand.   Look them over and take a guess as to whether they are legally sufficient or not. Continue reading

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REMEMBER THIS IMPASSE TECHNIQUE

When federal sector parties bargain themselves to an impasse, they routinely get an FMCS mediator involved.  When that does not generate a deal, they move on to the FSIP for a final and binding decision if the Panel cannot motivate them into a voluntary agreement. If you have ever gone that route you know that it can take months, if not a year, from the day you enter FMCS. The only alternative for those interested in a faster decisions is to hire a private neutral to provide a combination of mediation, fact-finding and arbitration. But that can cost money–a lot of money if the dispute is over a complete term contract. Given that each impasse resolution route has a serious drawback, everyone has needed a third option for a while–one that moves faster than traditional FSIP and cheaper than private assistance. NFFE”s passport unit just reminded us that there is a little used third option with the decision it got in NFFE, 2014 FSIP 89 (2015). Continue reading

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ORGANIZING YOUR ARBITRATION CASE – THE BASIC CHECKLIST

(Guest Contributor) You’ve taken your grievance through the contractual process without resolving it, and have now scheduled an arbitration on the matter.  How should your prepare? Is there a way to ensure that you’re ready for the hearing when the day approaches? Continue reading

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WHEN PERFORMANCE AWARDS ARE DISCRETIONARY

What’s a union to do when management distributes cash performance awards as it sees fit without any negotiated formal criteria?  A lot, even if the FSIP said the agency could do it that way. The agency still must comply with all relevant the laws and regulations–and there are several a union could use to make the agency regret insisting on total discretion. We have covered some in previous posts concerning disparate impact claims. So, let’s look at other responses by describing what it would look like if managers had complete discretion.  Continue reading

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EXECUTIVE BOARD SEAT EQUALITY

Should seats on a union’s national executive board be distributed equally–and by equally we mean based on a relatively equal number of members represented by each board member?  We looked around the fed sector recently and found that many unions do not do that.  In fact, some differences are huge, e.g., in one union a single board member represents only1,600 unit members while two others on the same union board represent over 10,000 each. Another example revealed that the employees of one bargaining unit get two board seats to represent its 19,000 members while the approximately 19,000 members of another unit in the same union got 7 seats on the national executive board. We even found an example of the employees in the same bargaining unit being treated quite differently with one geographic group given a board seat even though it had only one-third the number of unit members as the employees in another geographic area who also were given only one board seats.

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IS THIS FLSA RETALIATION?

(By Guest Contributor) When a GS-6 employee complained to her supervisor that she was not getting paid for all the overtime she was working, the supervisor stopped giving her any overtime for a month. On her normal schedule, she would have worked 10 hours of overtime in the month. Can she claim she is the victim of FLSA retaliation if she only made an oral mention of her dissatisfaction just to her supervisor, not HR or via a grievance? Continue reading

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HOW UNION CONVENTIONS ARE (OR ARE NOT) CONTROLLED

With the summer union convention season just getting underway, it is time to touch on the two-sided issue of convention control.  Every convention needs some control mechanisms if it is going to do any business, but control can also be excessive and get in the way of necessary changes timely responsive to the shifting future rather than the past. It is up to the delegates and members to decide where to draw that line. We are just going to point out some of the more common control mechanisms. Continue reading

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