Posted on May 26, 2015 by AdminUN

NEW EVIDENCE OVERTURNS A COERCED RESIGNATION

Not long ago the MSPB overturned a resignation when the employee brought new evidence up after the hearing before the MSPB judge ruled. The Board accepted the evidence and also explained why it thought this resignation was coerced, which made it an adverse action taken without a hearing and agency decision.  So, MSPB reinstated the employee with back pay.  Here are the highlights of the case largely in the Board’s own words. (O’Brien v. Navy, 2015 MSPB 15 (2015)) Continue reading →

Posted in MSPB | Tagged | Leave a comment

Posted on May 15, 2015 by AdminUN

EARN MASTER’S IN LABOR STUDIES–WHILE WORKING

Given that thousands of federal employees are union activists as stewards, officers, etc., we thought we would pass on some information to our readers about what seems like a pretty good deal for those interested in boosting their skills, experiences and credentials in running a union.  The University of Massachusetts offers full time employees the opportunity to get a Master’s degree in Labor Studies through its Labor Relations and Research Center (LRRC). While many universities offer Master’s degree in Labor Relations, the UMass program is specifically designed for union leaders. If you are interested, click over to its Limited-Residency Program for Union Leaders web site.

Posted in Training, Union Administration | Tagged | Leave a comment

Posted on May 13, 2015 by AdminUN

WANT TO KNOW SOMETHING ABOUT A POTENTIAL ARBITRATOR—FOR FREE?

Many times a year unions try to find out more about an arbitrator before they pick him/her to serve on a permanent panel or just to do a case.  The AFL-CIO lawyers operate an informal system sizing up how acceptable arbitrators are to unions. If you are willing to pay its subscribers’ fee, Cyberfeds.com keep tracks of the number of times an arbitrator finds for management, finds for the union or splits the case.  It even tracks information about how often their decisions are appealed to FLRA.  But both those sources are far less than perfect, e.g., they do not report on every decision an arbitrator has issued, the quality of the case the union put before him/her, etc.  Here is a source you may not know about. The FLRA reports on every decision where an arbitrator was involved in a federal sector case and one or both parties were so dissatisfied that they filed exceptions with FLRA. Here is how to use it. Continue reading →

Posted in Arbitration | Tagged | Leave a comment

Posted on May 13, 2015 by AdminUN

DO DOD EMPLOYEES NEED NTEU AND/OR DOES NTEU NEED THEM?

If you follow the NTEU National newsletter you have seen that the delegates at its upcoming August convention are going to consider whether or not the National President should retain the power to decide to organize in the Department of Defense (DOD). Veeeeery interesting! So, we want to think out loud about that for a few minutes. Continue reading →

Posted in Union Administration | Tagged | Leave a comment

Posted on May 13, 2015 by AdminUN

WHO IS ROB ARNOLD?

There are three things.  First, he is on NFFE’s National Executive Board as a National Vice President, learning  the ropes of national leadership and dealing with problems outside his own local. Second, he is also President of NFFE Local 1998, representing all Passport Service employees of the State Department throughout the country.  1998 is one of NFFE’s most active locals with a great web site. Just check out how much information he puts on his home page for anyone to read.  But, most important to the rest of us in the federal sector, he is leading an important fight on our behalf.  It appears some outside contractor employees stole some passport data using their cell phones and use it apply for bogus credit cards.  So, now in a classic overreaction management wants to ban all employees from bringing their cell phones to work.   Check out the story in Joe Davidson’s column in the May 13, 2015 Washington Post and keep your fingers crossed that Mr. Arnold can set a good precedent for all of us in his negotiations.

Posted in Bargaining | Tagged | Leave a comment

Posted on May 11, 2015 by AdminUN

ARBITRATION DISPUTES INSIDE UNIONS

How do unions handle dispute when local reps want to take a case to arbitration and the regional or national reps do not?  Well, it turns out there are a variety of ways ranging from the very democratic to the other end of the spectrum. Here are some examples we found around the federal sector. Continue reading →

Posted in Arbitration | Tagged | Leave a comment

Posted on May 11, 2015 by AdminUN

OVERVIEW OF NEW NTEU-IRS CONTRACT

Any time one of the larger, federal sector bargaining units signs a new contract it is a big deal for everyone.   The novel provisions will be cited by unions or management at other bargaining tables around government to help them make their cases for adopting favorable provisions. The NTEU-IRS agreement is no exception.  The two parties have renegotiated their national term agreement over a dozen times since the late 70’s making it a very mature collective bargaining agreement.  Below is an overview of the deal thanks to one of the local NTEU chapters.  Not all articles were opened, and if you want to see what was in the existing agreement, check out the “Compare Contracts” button on our menu bar and scroll down to the last NTEU-IRS contract. We will post a complete copy of the new agreement as soon as we get a copy. Continue reading →

Posted in Bargaining | Tagged | Leave a comment

Posted on May 11, 2015 by AdminUN

HOW TO INTERPRET CONTRACTS AND LAWS

A recent post about two FLRA members declaring the placement of a single letter in the labor law to be so significant as to make clear and unambiguous the answer to three substantial labor law questions has prompted interest in how laws and contracts should be interpreted.  The short answer for those asking, “Are any rules?” is that, yes, there are some rules.  But they are not “rules” as in the disciplinary rules of conduct, where often one toe over the line means discipline.  They are more principles, tenets, guidelines and traditions.  Arbitrators and judges have lots of room to apply personal feelings about how the decision should turn out. For example, it is not very hard cite one of the rules as the basis for their conclusion and ignore even more relevant rules. Nonetheless, in the long run anyone arguing a case before an arbitrator, MSPB or FLRA needs to know the rules and apply them as best they can.  There is a wonderful, easy to understand, and even free to copy guide to the rules put out by the Congressional Research Service entitled, “Statutory Interpretation: General Principles and Recent Trends.”  We recommend it.

Posted in Arbitration | Tagged | Leave a comment

Posted on May 7, 2015 by AdminUN

6 WORK DESKS THAT WILL MAKE YOU HAPPIER-SO THEY SAY

One of the more frustrating things to deal with as a union negotiator is office remodeling.  It seems that at last once a decade the office furniture industry convinces government that if it makes work spaces smaller, employees will smile more, generate more work, live longer, be healthier, adopt a straighter moral path, grow taller, experience less tooth decay, and/or beg to contribute gobs of uncompensated overtime.  We are tempted to call these industry schemes the snake oil of all office maladies, but in reality they are largely just profit makers for the industry. And by the time the agency lets the union know new layouts are coming, the purchasing contracts are often signed, the delivery trucks on their way, and existing walls coming down. So, it pays to stay on top of what the office furniture industry has planned for next and we just saw a good article that scares the bejeebers out of us, “6 Desks That Will Make You Happier And More Productive At Work.” Check it out.

Posted in Bargaining | Tagged | Leave a comment

Posted on May 7, 2015 by AdminUN

MADAME CAROL’S BANGED UP CRYSTAL BALL AND THE MAGIC “S”

J. K. Rowling should be writing this given the elements of wizardry in a recent FLRA decision making it look like it is right out of the Department of Magical Law Enforcement. The Authority confronted an interesting question, namely, should an agency that is excluded from the provisions of the labor law be required to respect the rights that act guarantees to covered employees. When a bargaining unit employee was accused of viewing porn on an agency computer, his employing agency, Hill Air Force Base, sent in the Air Force Office of Special Investigations (AFOSI) to interview him.  AFOSI promptly refused to let the employee bring a union rep on the grounds that AFOSI was excluded from the labor law’s obligations. FLRA had to decide whether the employee’s right were violated, and by a 2 to 1 decision it held they were not. AFGE, 68 FLRA 460 (2015) Continue reading →

Posted in Investigations | Tagged | Leave a comment