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 some others by describing what it would look like if managers had complete discretion.  Continue reading

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UNION STAFF AS OFFICER CANDIDATES

We were surprised by a reaction to a recent FEDSMILL posting noting that union staff or employees can run for national union office. So we thought we would do a quick review of the law and activity in this area by touching on four things to know about this.  First, it is up to the union’s convention body to determine whether to allow paid union staff members, who have never worked in a bargaining unit represented by the union, to be members of the union. AFGE, NAGE and NTEU clearly allow hired staff without any federal employee experience to become members.  NATCA, on the other hand, limits membership only to those who have been Air Traffic Controllers or in another aviation safety occupation represented by the union. Second, Continue reading

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WHICH BATHROOM FOR TRANSGENDER EMPLOYEES?

Here are the facts. Tamara Lusardi was working for the Aviation and Missile Research Development and Engineering Center in Huntsville, Alabama.  As a known transgender employee, the agency forced her to only use a single-use restroom. When it was out of order and she used the women’s room, she was repeatedly confronted by a supervisor and was often referred to by her former male name and with male pronouns. She filed a complaint with the U.S. Special Counsel and EEOC. Here is what happened. Continue reading

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WHAT UNIONS DO WITH RETIREES, FORMER FEDS, & STAFF MEMBERS

Individual federal sector unions have done different things with those who have retired from or otherwise left the federal government—or anyone else allowed to join who is not an active federal employee in the bargaining unit, e.g., union staff, unit employees moved into management, members-at-large, etc. So, it is worth asking if any of the different approaches makes sense, and, if so, does one approach seem particularly wise. This posting will look at the role these folks can play in AFGE, NAGE, NATCA, NFFE, and NTEU, particularly in regards to dues, holding elected office, receiving communications, participating in benefit programs, special programs for them, and how they can help the union. Continue reading

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THE ADA AND TELEWORK

A federal circuit court just issued a decision undercutting the right of employees to ask for telework as a “reasonable accommodation” for a disability.  But it is not as bad for disabled employees as a lot of the management newsletters say it is, especially if their union does the right things. Continue reading

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20+ FLRA PRECEDENTS UNION NEGOTIATORS MUST KNOW

Collective bargaining is like a tennis match.  The two players repeatedly fire the ball at one another hoping to force a mistake, get an advantage, or just tire the other out.  Furthermore, the strategy changes the deeper and deeper you get into the game, e.g., from the serve, to the return, to drawing an opponent to the net, to pushing her to the line, to catching him in a corner, etc.  The experienced competitor knows that a game is composed of these many different stages-whether we are talking about tennis or collective bargaining; the novice needs to learn them quickly or move to the sidelines and just watch. Continue reading

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HOW SHOULD UNIONS RUN THEIR INVESTMENT PROGRAMS?

The quick answer is, “Very carefully.” A slightly longer answer is, “The opposite of what Madoff was allowed to do.” The four biggest federal sector unions have reported over $50 million in investments to DOL.  NTEU leads the pack with $34 million, AFGE follows at $14 million, NFFE is next at $5 million while IFPTE and NATCA reported around 1.3 million. (NTEU’s edge is largely due to the recent sale of its headquarters building while AFGE has $48 million in fixed real estate assets from the building it owns. NTEU has less than 1% of AFGE’s fixed asset value.) Moreover, these are very actively managed funds.  AFGE, for example, reported over $11 million in net investment sales and over $9 million in net purchases last year on its $14 million total. Further complicating the risks of managing this money is that investment advisors and houses are not beyond sprinkling generous “perks” on the financial decision-makers to win their business or push them to a certain investment. Does anyone really think that they will not dangle “perks” to convince a union’s decision-maker to use them or to buy into one fund versus another?  One of the unions named above almost removed its national president because a vendor gave him furniture for his apartment.  Fortunately, that was decades ago. Given the political climate for federal employees and unions, it would only take one good financial scandal to get them all dragged across the coals of a Congressional committee for a roasting on any embarrassing expenditure as well as their stewardship of negotiated official time and other federal funds.  Congressman Issa’s eyes would roll back into his head as he slipped into a state of prolonged quivering ecstasy if he came across a union miscue he could exploit. So, we want to share our thoughts on the matter to get a few conversations going out there before the union convention season arrives this summer. Continue reading

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THANKS, VIC. WE WILL MISS YOU.

Please excuse the briefest of sentimental moments on our part. Vic Gotbaum died last week, ending his monumental stream of contributions to American labor unions, and we want to help folks remember what he accomplished.  Vic was a machine gunner in WW II, a towering peace advocate during the Viet Nam war, and by most measures he saved New York City.  After the war he got a master’s degree from Columbia, taught in a labor education program for union leaders in Chicago, and became President of New York’s AFSCME Council 37, growing it from 37,000 to over 110,000 members during his term. But as he said often, “From the beginning of my career as a labor leader, what I loved most were the negotiations.”  Some said watching him bargaining was like watching “a prizefighter” when management turned down his first few attempts to be reasonable. Others remember how quick-witted and sarcastic he was with government leaders overly impressed with themselves. We like to think it was his Brooklyn roots.  As a teenager he organized the African-American workers in his dad’s own plant to demand the same wages as white workers—and won. He later fought the established leadership of the AFL-CIO which backed the Viet Nam war, harassed those pushing for women’s rights, gave only token support for civil rights progress, never saw the value of labor always speaking first for the oppressed, and, in general, turned an entire generation of citizens off about unions, not to mention the growing number of immigrants.  But the battle he will be remembered for most was when NYC was on the brink of bankruptcy and the mayor demanded huge concessions from the city unions.  When other union leaders shut down the city’s bridges and encouraged lawlessness among citizens, he pulled the rug out from under them as well as concessions out of each of them.  Armed with that power he backed the Wall Street bankers into a corner where they coughed up money that the mayor and governor could not get out of them for the city. If you remember the financial catastrophe that George Bush left us in 2007, double that and you can understand what a gift Vic gave America in that single week. He also left professional negotiators a wonderful booked filled with his best bargaining war stories, namely, “Negotiating in the Real World.”

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 FLRA’S POWERPOINTS & ULP LAW OUTLINES

We have never been shy about taking a shot at FLRA for its incredibly slow pace at processing cases.  All too often agency back pay liabilities have doubled just waiting for FLRA to uphold an arbitration or ALJ decision.  But they deserve strong compliments for the work they do helping train and update practitioners.  Just last month, the FLRA General Counsel updated the 100+ page on-line ULP CASE LAW OUTLINE.  We think it is great.  It is easy to read, well organized to help those searching for something, and will remind even the most seasoned practitioners of cases they long ago forgot about. The Authority also offers eight wonderful powerpoint presentations that are perfect for training new stewards. You can find the following on-line: Introduction to FLRA, Bargaining, Bypass, Meetings, Information, Discrimination, Interference and Union ULPs.

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WHAT CHELIOTES JUST SHOWED ALL UNION LEADERS

Arthur Cheliotes is the President of Local 1180 of the Communications Workers of America (CWA).  It is an unusual union local because 1180 represents over 1,000 managers working for New York City.  The City’s labor law allows that. We want to recognize him for doing something not all leaders do.  He looked around his unit and saw that minorities and women—and especially minority women—were paid substantially less than their male white counterparts.  At that point, he decided to stick with his core values against discrimination, file a class action charge, and keep his fingers crossed that more evidence developed.  He did not demand irrefutable proof up front that the law had been violated or focus on the fact that the union “might” lose the case or even try to trade his potential case for an immediate tangible favor.  He was paid to be the employees’ advocate and he began advocating. Continue reading

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