DOL TARGETS UNION FINANCIAL ERRORS & CRIMES

Actually, that is an understatement. Since the beginning of the year DOL has announced about 70 indictments, guilty pleas, or convictions from union leaders for embezzlement, fraud, wire fraud, false statements, and whatever other terms are used to criminally pursue those who misuse union funds. Continue reading

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THIS LOCAL UNION BEST WEB SITE JUST GOT BETTER

A couple of years ago we declared the local union web site run by NTEU Chapter 293 the best among all we have seen. Well, ignore that post and the good example their web site was. Chapter 293 has come out with an even better site that once again raises the bar for the rest of us. (Yes, we are jealous and dealing with feelings of inadequacy. Imagine what national NTEU is feeling given its aged web site.) Check out Chapter 293’s new, improved, and eye-popping site. Visually attractive, easy to understand with a glance, up to date, and useful to building the union. Back in 2001 this local had 735 members. Today it has over 1,000 more, and we strongly suspect it is because of all the attention it pays to managing the union’s image. Our compliments to the imaginative, forward-looking, leaders at 293 who had to welcome ideas for lots of folks to develop something so fitting.

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DOL DEMANDS GREATER SECRECY IN CONVENTION VOTES

There is an interesting case working its way through the Colorado federal courts. The Department of Labor has sued a union alleging that the voting process at its convention was not as secret as law requires. If DOL wins this one, unions will have to step up their efforts to enabled delegates to mark ballots in secret. Here is what DOL has posted on its own web site about the case. In fact, if unions have elections in progress now and are ignoring the DOL demands they risk a lot of money rerunning the elections. Continue reading

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FAREWELL COLLEEN KELLEY AND THANKS

In a little less than 60 days, Colleen Kelley, National President of NTEU and one of the more visible figures in federal sector labor relations, will retire after 16 years in that job. So, we thought that before she left we would say, “Thanks” and take this opportunity to wander down memory lane looking back on all that has happened in NTEU and around the federal sector since late 1999, the dawn of this century. She deserves credit for so much. Continue reading

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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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