REASSIGNMENT VIA THE EEO ROUTE

What’s a guy to do when his wife, who works for the same agency as he does, is transferred from San Diego to Washington, DC, he applies for a reassignment to DC himself under the Agency’s Married Core Series Transfer Policy to be with her, and he is rejected? He could file a grievance and try to prove he was entitled to the reassignment or he could file an EEO charge and shift the burden on to the agency to come up with a legitimate reason why it did not reassign him.  If the guy can also identify eight other women who have worked for the agency who were moved under that program he has a great case of disparate treatment, particularly if the agency never gives him a reason for denying the reassignment request. Earlier this month, the EEOC faced just such a set of facts.  Continue reading

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MILESTONE MARCH

March 2015 has been a very good month for FEDSMILL.com.  We posted our 500th article since beginning this venture in September 2011.  We also set a new personal record for the number of articles read in a single day with our posts being read over 1,800 times on March 12th.  Google Analytics also tells us that 9,000 articles are viewed each month on average.  Beyond those achievements, EEOC has agreed to send us e-copies of its newest federal employee decisions every week or so. LEXIS, WESTLAW and CYBERFEDS are the only other outfits that get the data currently.  While those three outfits will post every decision to their databases (and charge a fee for you to see them), we are going to comb through them to make union reps aware of select precedents, decisions, and other information that are particularly useful to representing employees.  Finally, we have started to pick out very popular FEDSMILL posts from the past and repost them for new subscribers who may have missed them.  Continue reading

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DUTY TIME AND THE NCAA TOURNAMENT

As March Madness continues to escalate over the next two weeks, there will inevitably be employees disciplined for checking in on their favorite team on duty time via agency computers. So, we thought we would share with you a brand new FLRA decision where it upheld an arbitrator’s decision to overturn an employee’s seven day suspension for similar violations. Who knows when the arguments of this case might come in handy. What follows is straight out of the Authority’s decision in NNU, 68 FLRA 360 (March 2015) Continue reading

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THE RIGHT TO A SIGN LANGUAGE INTERPRETER

EEOC has said it all before, but yet another agency needed it said again when an employee with a severe hearing disability was not provided a sign language interpreter. EEOC pointed out that although the employee was provided with an interpreter during her initial training period, she was not during standup meetings or safety talks after that initial training period.  In its defense the agency said (1) it was up to the employee to request a sign language interpreter before it was obligated to provide one, and (2) the agency knew the employee could read lips.  The EEOC shot down each of those arguments by one again spelling out certain legal guarantees the deaf and hearing of hearing employees have.  Then, it clobbered the agency with penalties for not bothering to comply with legal precedent. Continue reading

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FORMER EXECUTIVE VP PROPOSES NTEU CONSTITUTIONAL AMENDMENTS

Frank Ferris, former National Executive VP of NTEU, spent 38 years with NTEU operating under a union constitution put in place in the mid-60s.  The 60’s were very different times for NTEU.  It did not even represent all of IRS in the 60’s and IRS was the only agency it represented.  Today, NTEU represents all of IRS and over two dozen other agencies.  It had one office and less than a half-dozen staff 50 years ago.  Today, it has offices in seven locations, more than 130 staff, and tens of millions in financial assets. Labor relations back then were merely an executive branch program, grievances could not go to binding arbitration, and contracts were typically local ones and just a few pages long.  Now there is a labor statute, grievances can go to the Supreme Court if needed, and NTEU contracts are generally hundreds of pages long covering thousands from coast to coast and in other countries.  In the 60s the President and Congress considered feds valuable assets, not political targets to be penalized at nearly every opportunity as they are now.  Back then few federal employees knew anything about running a union whereas today thousands of federal employee union leaders have a good grasp of labor/employment law, the organizational mechanics of running a union, and what works and does not work.  Most importantly, the current NTEU constitution was put in place to change it from a fraternal group focused on half dozen issues operating under the heavy influence of IRS executives into a legitimate labor union that would represent all of IRS.  Thankfully, it did all those things—and more.  It also enabled NTEU to create a strong national office that determines which cases go to arbitration, which staffers service each local and unit, who gets appointed to most committees, and almost all policy formulation.    However, having been with NTEU for most of those changes, the former VP is positioning the delegates at the upcoming convention to have an opportunity to reconsider what they need to have another 50 years of success. Given that NTEU is about to change its national leadership for only the third time in those 50 years, this is an especially  good time to focus on the near and far future. Continue reading

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EMPLOYEE ENGAGEMENT BLOG

The Feds have adopted the employee engagement concept.  Some do a good job; others are just terrible at it.  Many locals around the country have appointed someone below the level of the president to take the lead on engagement activities with management. So, we thought we would pass along a very good blog site that those interested in engagement might want to track.  It is published by the law firm Ogletree Deakins.  Pass it along to those union activists involved in that work.

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FIVE UNION RIGHTS YOU MAY NOT REMEMBER

We all know that union activists cannot be fired, denied a benefit, or even poorly evaluated if the decision is based on or even related to our choice to be union activist.  But over the years FLRA has certified that union leaders have a few others rights that you might have forgotten about.  So, FEDSMILL.com thought you a reminder of them would help along with excerpts from the precedential FLRA case. Continue reading

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WHAT DO YOU THINK? LEGAL OR ILLEGAL?

Can a union constitution prohibit members from holding more than one elected office at a time even if at different levels of the organization, e.g., local president and regional vice president on the national executive board?  Many, many union leaders have held multiple offices simultaneously.  One of the more famous was Albert Shanker who was simultaneously president of the nationwide American Federation of Teachers, president of its New York City local affiliate–the United Federation, and Vice President of the NY State United Teachers.  He was a gifted and talented leader who virtually created teacher collective bargaining in this country by having influence at so many levels.  Given the wisdom of any organization getting the most out of its best leaders, this is an issue many wrestle with.  Unfortunately, …  Continue reading

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DEPT. OF LABOR & IRS REPORT PROBLEMS?

Given the political climate, unions need to avoid any suggestion of internal problems, especially federal employee unions which are regulated by these two agencies.  So, imagine the fallout if AFGE had any significant degree of failure to timely file LM reports or NTEU locals did not file their 990s to preserve their tax exempt status.  Indeed, any union that fails to comply is risking some serious adverse public scrutiny by some politicians just looking for a reason to do away with them.  Consequently, nationals unions should monitor and enforce these obligations closely and union constitutions could help them.  For example, NATCA’s constitution provides the following: “The National Executive Board may withhold dues rebates for any Local failing to demonstrate remedy for any violation of Department of Labor, Internal Revenue Service or NATCA financial provisions within 90 days of receiving the report identifying violation(s).” Frankly, we wonder why a union’s national leadership would wait 90 days, or require board action rather than obligate the national president to take action within 15 days of notification.

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ATTENTION FMLA ENTHUSIASTS AND ENFORCERS

If you are the person in the local who handles all the FMLA cases or you are negotiating a contract that will address FMLA matters, then you need to open the gift the American Bar Association just delivered. Each year it publishes an overview of the major court decisions that have addressed FMLA questions over the last twelve months—and the newest edition just came out.  Those of you with FMLA responsibilities should at least page through it to see what issues are still bouncing around in the courts and what are the newest precedent cutting decisions that might help your members.  Although private sector FMLA statutory provisions are notidentical to those for federal employees, they can be very helpful at times.

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