WHY DOESN’T MY UNION DO THIS?

OPM does it.  The Department of Labor and a number of federal Labor Relations shops do it too. So why don’t unions provide the same simple automated service to its local leaders?  Here is a good example of why it is needed.  Suppose you are a local union president who has a question.  Perhaps it is as simple as what kind of questions do law, regulations and the contract allow a promotion interview panel to ask BQ candidates about their alternative work schedule preferences?  You call the regional/national staff member assigned to your local, but she is out, tied up, or otherwise unable to return your call the same day.  When she doesn’t call back the next day you call her supervisor, but he says he needs to talk to her before he can give a reliable answer. The next day the staff member calls you, but leaves a message because you were in a grievance meeting. You call her back the following day, but that is her AWS day. In short, all too often local union reps cannot find staff as quickly as they prefer to get questions answered.  That would almost never happen again if unions… Continue reading

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COMPARE AFGE, NATCA, NFFE & NTEU BY THE NUMBERS

We have not made it a secret that we think that unions should be run as efficiently as any business.  In fact, we wish that Goldman Sachs and other investment bankers had an opportunity to bring some sense to the often nonsensical union market place—but that is an article for another time.  For now, we thought you might like to see how the four major federal sector unions, namely, AFGE, NATCA, NFFE and NTEU, compare when the raw financial numbers are examined using their 2013 DOL LM-2 reports. Continue reading

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WEIGHT DISCRIMINATION “AS HORRIBLE AND DEPRESSING AS EVER”

Time Magazine just published a story about a new university study confirming the rampant presence of weight discrimination.  We found it worth checking out and a good place to start a conversation among stewards about watching for evidence of it. That can come in the form of Direct Evidence, such as manager statements he denied someone a job because of his appearance, disparate treatment, such as holding an obese person to a higher standard, harassment or the denial of a reasonable accommodation request.  Also check out FEDSMILL’s two previous postings on the topic that cover some federal employee discrimination cases: “Obesity As A Disability” and “When Is Severe Obesity a Protected Disability.”

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WHAT DO THE CHIEF HUMAN CAPITAL OFFICERS HAVE TO SAY?

If you want to know, click into their web site every week or so to see.  It is entitled CHCOC.gov and contains transmittals that have been sent around among them.  Some of them address topic we should keep track of, e.g., Keeping the Workforce Healthy During Flu Season, Enhanced Workplace Flexibilities, and HR Flexibilities for Severe Weather.

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CONGRATS TO AFGE’S TSA COUNCIL

We just noticed that the TSA council posted a Dept. of Labor report last month showing that it has over 15,000 members.  That is great news for the employees of that unit, AFGE, and the rest of us union supporters.  Congrats and kudos.  AFGE is obviously delivering on the promises it made those employees.  AFGE fought long and hard to get that unit. You might remember the bruising battle against NTEU that cost the two unions an amount measured in the tens of millions to wage. Then AFGE had the even tougher fight against management to get a contract. We could not be happier for you.

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CRITICAL CONTRACT CLAUSES (#3) – Creative Arbitration Provisions

Every federal sector contract has an arbitration clause, but a lot of them have not changed much in decades despite a raft of problems with the process, e.g., slow arbitrators, FLRA reversals of arbitrators, refined agency delay tactics, etc. Consequently, we want to share some thoughts on how to modernize these lumbering dinosaurs among the contract clauses. Continue reading

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HOW MUCH IS AGED COMP TIME WORTH?

FLRA and the Air Force have an on-going disagreement over something known as aged comp time, which is comp time that remains unused at the time that the agency regulations required it be paid off and taken off the books. The Air Force believes that when it pays off this comp time it need only pay at a time and one-half rate of the employee’s hourly base pay rate.  Employees, however, have argued and convinced arbitrators that their payments should include night shift differential because they would have received that when they originally worked the overtime.  FLRA agreed with the employees and arbitrators, noting that even OPM had told Air Force to pay the differential, only to be ignored.  Now Air Force not only gets to pay the night shift differential going back years, but it also must essentially double whatever that amount of money is because the arbitrator found that it had willfully violated the law.  (See AFGE, 68 FLRA 102 (2014))

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A FSIP DECISION TO REMEMBER

Although this one is about an old case, it is one you are likely to never uncover if looking for ways to solve a ULP problem.  Everyone knows that a union can pursue a ULP allegation through FLRA or the grievance-arbitration route.  But this case points out a very rarely used path that takes one into the Panel for resolution.  In this case, NFFE, 2012 FSIP 053 (2012) filed a ULP charge against the agency claiming that it had unilaterally and illegally changed the tour of duty for some employees.  It filed a ULP charge through the FLRA. Before the hearing it got the agency to agree that it had violated the law, but could not convince it to reimburse the employees for all the annual leave they had had to use on Saturday’s to cover their military reserve weekend duty.  Typically, the union could accept settle the case without a remedy or risk losing everything and push forward to a hearing on the allegation and the remedy. In this case, however, NFFE and the agency agreed to “negotiate” over the remedy and if they could not reach agreement, let FSIP settle the dispute as it would any contract squabble.  The Panel obviously agreed and it appears to have imposed the same remedy FLRA would have, e.g., a status quo ante order to reinstate the leave employees took. One advantage of using the Panel to settle these disputes is that their decisions are not reviewable.  Had the union put the case before an ALJ or arbitrator either party could have appealed the decision to the FLRA and from there to the courts, delaying resolution for years.  So, keep this one in mind the next time you are struggling to settle a ULP allegation.

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FLRA MAKES CREDITING PLANS NEGOTIABLE

But don’t look for a formal FLRA decision stating they are. Look instead at the reasoning FLRA used when ruling union crediting plan proposals were not negotiable. FLRA forces management to negotiate over something in one of two ways.  The most well-known is by declaring a proposal negotiable via a formal negotiability decision.  While many think that is the only way to force management to negotiate, seasoned negotiators know otherwise. FLRA also leaves agencies little choice but to negotiate when it rejects a union proposal because it fails to meet complex regulatory requirements associated with the proposal.  Here is how that has worked with crediting plans. Continue reading

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FORCING AGENCIES TO RESTRUCTURE JOBS

The labor law gives management the right to assign duties to a position, which totally prevents a union from proposing that the job be restructured for any purpose, e.g., greater efficiency, upward mobility, or even fairness. However, a union can force a redesign of the job’s duties if it can prove the status quo violates a law or makes the employer liable for damages. One of those laws that can force managers to restructure/reassign job duties is the ADAAA, as a federal circuit court just pointed out. Continue reading

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