Posted on February 4, 2015 by AdminUN

WHY CAN’T MY UNION DO THIS? (PART 2)

Back on December 7, 2014 we posted a story with the same title as this one, minus the Part 2 reference.  The message was the unions need to create user-friendly on-line information banks for their national and local reps that not only generally address almost every topic or issue they could run into, but which also provide links to critical cases, regulations, statutes, and other documents that could be helpful in their day-to-day representational work.  In fact, we said it is overdue given how easy it is to arrange technologically.  We noted that agencies have started to do this for managers to underscore how important it is that unions catch up to something like the OPM “A Thru Z” alphabetical list of issues.  Here is another agency example, from the Department of Army, currently available to the general public that could be a good foundation for any union to start with. Just a thought.

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Posted on February 2, 2015 by AdminUN

AFGE: HOW A UNION STRATEGICALLY COMMITS TO GROWTH

We have complimented AFGE often for its success at adding new members since 1999.  John Gage, its prior national president, and J. David Cox, its current one, have had more success this century than any other federal employee union leaders at growing their union and its top-to-bottom strength.  And they did it by involving local union leaders deeply through a bottom-up, union-wide strategic planning process that all the rest of us should take the time to understand.  We recently found a short report on how AFGE weaves planning and growth to protect specific groups of employees. Don’t get stuck on the fact AFGE provides $100 for every new member recruited and another $50 for the person who recruited the new member.  Look deeper to get the most out of it. Continue reading →

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Posted on February 2, 2015 by AdminUN

DHS CHCO PREFERS PASS-FAIL EVALUATIONS

Not long ago Jeff Neal was the Chief Human Capital Officer of the Dept. of Homeland Security. Today, he is consulting and out here in the blogosphere letting folks know what he really thinks. We find him honest, helpful and concerned.  He recently went on record supporting the value of pass-fail evaluations.  This is one of those issues where there are good arguments on both sides of the debate.  Frankly, we lean toward a pass plus, pas and fail three-level system, but take a look at what Neal recommends. Continue reading →

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Posted on February 2, 2015 by AdminUN

PPP POWERPOINT

Recognizing a prohibited personnel practice violation is one of the more powerful things a union rep can do because the law permits the offending manager to be suspended, fined and even barred from government service. Not long ago we ran across a pretty good review of the PPPs in a PowerPoint prepared by the IG of the Small Business Administration.  We particularly like the practical exercises and recommend you consider borrowing it to train stewards.

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Posted on January 29, 2015 by AdminUN

TENS, IF NOT HUNDREDS, OF MILLIONS IN BACK PAY COMING TO CBP OFFICERS

In the chaotic aftermath of 9/11, the U.S. Customs Service made a lot of questionable decisions trying to boost America’s protection. That should have been a surprise to no one, was understandable and we are glad it put citizen safety first.  But as the months wore on after the attack, the employee’s union, NTEU, pointed out that the agency had violated employee rights by scheduling tours of duty without giving employees two consecutive days off each week and/or assigning them to a constant shift starting time in a single week.  The agency rejected the union’s advice, forced it to file a grievance which NTEU won, and now FLRA has blessed the arbitrator’s decision, making everything final absent some bizarre agency maneuver.  The decision grants thousands of harmed employees around 15 years of back pay for every week (around 780 of them) their statutory entitlements were illegally denied them.  As best we can tell from afar, this should be well over the $100,000,000.00 mark, putting it in the same territory as NTEU’s $500,000,000 back pay victory in the 70’s and its almost $300,000,000 “special rates” award. Super Congrats to NTEU for weaving its way through the obstacle-strewn path Homeland Security forced it to travel to protect employees. Continue reading →

Posted in Back Pay, Overtime | Tagged | 2 Comments

Posted on January 28, 2015 by AdminUN

FLRA UPHOLDS RETROACTIVE TRANSIT SUBSIDY AWARDS

Arbitrator Suzanne R. Butler found that the Agency violated the parties’ collective-bargaining agreement by not retroactively paying qualified bargaining-unit employees’ mass-transit subsidies of up to $240 per month for the period from January 2012 through December 2012, and up to $245 for the month of January 2013. As a remedy, she directed the Agency to reimburse affected employees for the amounts that they would have received absent the contractual violation.  The Agency tried to convince FLRA to overturn the award and save it a few million. However, the Authority held that the Federal Employees Clean Air Incentives Act (the Incentives Act) and the Back Pay Act (the BPA) support the award.  Consequently, it is time for HHS to pull out the check book. This NTEU case is only the tip of the back pay iceberg for NTEU whose contracts often contained clauses requiring agencies to pay the maximum subsidy. Check out NTEU, 68 FLRA 239 (2015)

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Posted on January 28, 2015 by AdminUN

JUST PLAIN UNIMAGINATIVE UNION LEADERSHIP

Let’s assume that the federal government creates a new agency with tens of thousands of employees throughout the country and that agency quickly earns a reputation as a terrible employer. Obviously, unions would be deeply interested in organizing them.  However, due to Congressional pressure, some ambiguous statutory language, and an agency leadership eager to avoid being unionized, unions realize that it is going to take years, if ever, 1- to make contact with the employees, 2- prove the union’s value to them, and 3- get them to sign on as even associate members paying only nominal dues until a union is formally organized.  Can you think of a faster way than traditional slow, labor-intensive organizing to get employee names and contact information, demonstrate the union’s value, identify some employee leaders, and even sign up some new members?  Continue reading →

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Posted on January 26, 2015 by AdminUN

FLRA’S WORKLOAD BARGAINING SOLUTION: HUMAN TRAFFICKING

What would you call it if someone had the power to force you to work 24 hours a day, seven days a week until you fell over dead from exhaustion? What if they also had the power to assign you work that you are not qualified to do, refuse to train you, and then punish you and your family for not doing it correctly? What if they could also order you to work under unsafe/unhealthy conditions and unreasonable production standards?  Human trafficking seems like a good label for all that, although we will not condemn those tempted to call it the Kunta Kinte clause of labor law.  FLRA, however, merely calls it management’s statutory right to assign.  Here is a hypothetical conversation between Mary and her supervisor Jack that highlights the power FLRA has given managers.  Continue reading →

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Posted on January 26, 2015 by AdminUN

SHOULD RETIREES SERVE ON UNION EXECUTIVE BOARDS?

Here is a provision from the current Constitution of a federal employee union we hold in high regard: “A National and Regional officer who retires from the Federal government before their term of office expires may complete that term at the pleasure of the National Council. National and Regional officers who resign from the Federal government before their term expires shall relinquish such office, effective with their resignation.” For purposes of this post we are going to side with the National Weather Service Employees Organizations (NWSEO) and argue that retirees should not be permitted to serve on either a national or regional executive board. Continue reading →

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Posted on January 22, 2015 by AdminUN

CAN THE AGENCY REQUIRE YOU WORK WHILE ON FMLA?

It looks like management can ask you to perform certain tasks while on FMLA leave.  We are not experts in this area, but we just saw a very good article pulling together case law from several courts.  Check out “Employer Requires Employee to Work During FMLA Leave. Ummmm, Is This a Problem?”   As a union leader, you might want to do a few things about this.  First, let employees know that if contacted while on FMLA leave to do some work, they should let the union rep know. Second, Continue reading →

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