Posted on April 9, 2015 by AdminUN

 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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Posted on April 8, 2015 by AdminUN

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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Posted on April 6, 2015 by AdminUN

NEGOTIABLITY: NOW, THE BAD NEWS

FLRA just had a chance to apply a big chunk of common sense to federal sector labor relations, but took a pass. See NTEU, 68 FLRA 334 (2015). Here is the situation.  Agencies have the right to detail employees to higher graded positions for months and even years. They are allowed to give them temporary promotions to the higher grade while they do the work.  But, if the agency fails to run a vacancy announcement competition to fill the temporary promotion slot, it cannot pay the employee the higher pay for more than 120 days over a 12 month period, no matter how long the employee stays in the job or how well she performs. According to the FLRA, it cannot pay her even if it wants to or whether she was the only person available to do the work.  Why did it make such an unjust decision?  Because it listened to OPM during one of its very dark, anti-employee periods. Continue reading →

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Posted on April 6, 2015 by AdminUN

OPM’S COMPETITIVE SELECTION AVATARS

Last week the Washington Post reported that OPM has begun using avatars to measure the aptitude of people applying for federal jobs.  The Post wrote that the system, “…uses animated avatars and videos to simulate challenges that could confront employees, testing their reasoning and problem-solving skills….a correct answer leads to a harder question and an incorrect one rachets down to an easier option.” It also revealed that “Federal employee unions said they were unfamiliar with the new hiring system and could not take a position.”  Those are two very different and very important stories.  First, let’s consider the test. Continue reading →

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Posted on April 6, 2015 by AdminUN

HOW TO DO QUICK NEGOTIABILITY RESEARCH

OPM has an on-line document that we have found helpful for two reasons.  First, it is a good source for ideas about mid-term proposals the union could make.  The ideas are sorted by subject, the proposal briefly described, a case citation provided if you want to look into the idea in more detail, and those proposals held negotiable easily marked in a separate column. Second, it is a quick way to see in a general way whether what you are proposing is negotiable.  It is not even close to being a reliable source if you are litigating and issue. But for most other situations, it beats slashing your way through Cyberfeds, Lexis or Westlaw.  OPM calls it the Negotiability Determination Report.  Here is what you are likely to find if you go looking for something .  This is a site union leaders should post to the “Favorites” list for easy reference. Continue reading →

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Posted on April 1, 2015 by AdminUN

UNION POWER: YESTERDAY, TODAY & TOMORROW

Every American school kid learns that one reason the Brits lost the American Revolution was that its tactics that once worked so well for them, did not work on the American battle field.  Brightly colored red coats marching in large formations and shooting in volleys intimidated and overpowered other armies on open battlefields, but it turned out to be the opposite of what was needed to fight in the American wildness.  Americans have learned the same lesson in the Middle East over the last two decades.  It is not how many boots are on the ground, but the clout each soldier brings to the battle.  Multi-talented Special Operation troops are often many times more effective than traditional infantry.  What unions need to take from these two and hundreds of other examples is that what made them powerful yesterday is unlikely to work as well tomorrow.  The environment changes, the opposition adjusts, and technology presents new options.  Union leaders planning for the future need to think about the fights ahead, not solely how they won in the past.  What will make them powerful tomorrow?  Here are some of our thoughts. Continue reading →

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Posted on March 30, 2015 by AdminUN

HOW MANAGEMENT KEEPS UNION MEMBERSHIP LOW

If you have been following us for a while you know we have often publicly expressed our anguish over union locals where the percentage of unit employees who are union members is less than half the national average throughout multiple terms of office for the local leaders.  For example, if 60% of the employees represented by a national union are members, then locals below 25% membership are the kind we are talking about.  It would seem that national union leaders owe it to the top-performing locals to  fix these situations promptly.  They certainly have a number of options ranging from the subtle to the more substantive or even shocking.  For example, Continue reading →

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Posted on March 30, 2015 by AdminUN

GOOD NEWS FOR UNION  TRUE BELIEVERS

Thanks to the Washington Post for an article Sunday about how the thousands of temporary employees Microsoft hires through contractors, to avoid giving them the Microsoft benefits, have unionized and just won the right to a couple weeks of paid leave each year.  It is an encouraging story for those of us who understand what effective unions can do for this country as well as a revealing one that reaffirms some of our strong suspicions about how to run unions.  If you take the time to read the story, stop when you get to the part about how a law firm won millions and millions in back pay for these temporary employees before the employees organized and try to imagine what could have been done if a union had sponsored that lawsuit and used it to launch the union.  Also don’t dismiss the importance of the union keeping dues at $2.00 a month.  Unions may be almost immune to competition from other unions thanks to no raid pacts, but they have to compete just as hard as any merchant or company for a share of employees’ take home pay.  In other words, why should a prospective member give $19.00 a pay period to a union when s/he can instead use those dollars to buy five cable movies, a very nice bottle of wine, or take 19 chances at a Powerball fortune?  You will hear more about this from us soon because we believe keeping union dues low is critical to union survival.

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Posted on March 25, 2015 by AdminUN

CAN THIS EMPLOYEE BE REFUSED UNION MEMBERSHIP?

Suppose a non-unit employee in your agency was so angry with your union that he put the following message on his Facebook page addressing the members of your local: “rise up and create a grassroots movement so strong that your National knows you will either have your vote or you will decertify them and get a new union. And[] don’t let anyone tell you that you can’t decertify your union if they become corrupt….Look at UnionFacts.org. There are step[‑]by[‑]step instructions on how to get rid of a corrupt union.”  Now suppose that a short time later that employee was reassigned into a position in your unit and asked to become a member of your union.  Can you refuse him membership?  That is what FLRA had to decide this week. Continue reading →

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Posted on March 24, 2015 by AdminUN

COULD THIS HAPPEN TO YOUR LOCAL?

The following statement appears on a local union’s web site:  “Per IRS law, we are required to inform the membership of …. Local …  that as of May15, 2012 this local lost its tax-exempt status with an automatic revocation penalty due to failure to not filing IRS tax returns for at least three consecutive years (2009-2013). The former treasurer did not file taxes for … local ….for at least 4 years.” Any national union can track compliance of their locals to ensure that one of them does not fail to timely file with IRS or the Dept. of Labor.  In most cases, those two agencies notify the national union when there is a problem with one of the locals.  But, as we all know, “stuff happens,” personal relationships can diminish any pressure on the local to comply, and if the union’s Constitution & Bylaws are silent then the union leadership lacks a heavy club to swing.  Placing an internal obligation on every local and giving the National President power to act fast could help avoid these problems.  (We deliberately omitted the identity of the local to save it any further embarrassment.) Don’t let this happen in your union because this is not the only union local that has lost its IRS tax-exempt status—not by far.

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