Posted on April 20, 2014 by AdminUN

DO YOU KNOW WHAT 29 U.S.C. 501(C) IS?  HINT: IT CAN SEND UNION LEADERS TO JAIL

If union officials or staff take or receive any compensation or other benefit not properly “authorized” under the law, union constitution or bylaws, they might be guilty of embezzlement under this section of the law that is specifically applicable to union leaders. They have been criminally prosecuted for unauthorized salary increases, bonuses, gifts, benefits, and even allowing a former officer or staff member to take union property into retirement.   Moreover, even if the compensation is authorized by the executive board or membership, it must also be for the benefit of the union. Any suggestion that the compensation was given solely or primarily for the benefit of the person authorizing the compensation could be trouble.    Continue reading →

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Posted on April 10, 2014 by AdminUN

FURLOUGH MYSTERY SOLVED! “IT IS ALL ABOUT MSPB’s NEEDS”

Why did the MSPB give employees virtually no right to challenge adverse actions  furloughs, leaving them vulnerable to thinly veiled disciplinary suspensions without the due process, political jockeying, and slush fund management techniques?  These and other questions have lingered unanswered ever since the Board issued its decision in Chandler v. Dept. of Treasury, IRS, 2013 MSPB 74. So, FEDSMILL went looking for an answer.  Unfortunately, we currently lack the NSA-quality technology to reconstruct the Board’s discussions or pre-decisional paperwork, and Snowden left town before snatching that material for us. Consequently, just as the courts and scientists do, we are going to rely on circumstantial evidence to reveal the answers by ruling out all other alternatives.  Continue reading →

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Posted on April 6, 2014 by AdminUN

BEWARE OF THIS SETTLEMENT AGREEMENT ERROR

A manager at the National Institute of Health filed an EEO complainant alleging that she had been subject to gender and national origin harassment.  The agency offered to settle the dispute by giving her $90,000 in return for her resignation.  She accepted and then the agency took advantage of her. Continue reading →

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Posted on April 6, 2014 by AdminUN

MSPB RECOGNIZE OGE DEFENSE TO DISCIPLINARY ACTIONS

The Federal Deposit Insurance Corporation (FDIC) terminated a manager for “defalcation of obligations.”  The Board ordered the employee reinstated with back pay because FDIC ignored what we are going to call the “OGE Defense,” namely,  5 CFR 2635.105 of the Office of Government Ethics regulations.   (See Jonson v. FDIC, 2014 MSPB 22 (2014))  Here is what that all means and how you can use it to help your members. Continue reading →

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Posted on April 5, 2014 by AdminUN

CONGRATS TO AFGE FOR MEMBERSHIP GROWTH

According to the Dept. of Labor AFGE has increased the number of employees paying dues every year since 2000 when 197,000 federal employees were members.  Today, DOL reports AFGE has over 301,000 dues paying members, an increase of over 50%.  By comparison, none of the other federal sector unions came even close to that streak of consecutive growth years nor to the 50% increase in members during that time. Continue reading →

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Posted on March 28, 2014 by AdminUN

MSPB EXHUMES ITS “MANIFEST ABSURDITY” DOCTRINE

How ironic that just a few short months after stripping federal employees of any right to challenge the substance or design of a furlough, suddenly the Board is concerned with absurdities.  The case involved an employee who was fired for being physically unable to work for a prolonged period of time.  Wren v. Dept. of Army, 2014 MSPB 20 (2014) Continue reading →

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Posted on March 24, 2014 by AdminUN

PROMOTION SEGREGATION: OUT-OF-TOWNERS NEED NOT APPLY

Can management refuse to even consider employee applicants who meet the minimum qualifications for a promotion vacancy?  For example, could it refuse to consider, rate and rank qualified employees because they were bald or vegetarians? How about if they were carpoolers, graduates of public universities, or even Yankee fans?  Of course not.  But, how about if they work or live outside the commuting area of the vacancy?  A lot of managers think they can exclude otherwise qualified agency applicants from any promotion consideration based on where the employees live or work or even when they apply.  We don’t, and here’s why. Continue reading →

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Posted on March 23, 2014 by AdminUN

NTEU ADDS ANOTHER BARGAINING UNIT

It has been a long time since the National Treasury Employees Union organized only employees of the Treasury department.  Today, it represents employees of dozens of federal agencies, and in the last few months has welcomed the employees of two other agencies.  The first was the Consumer Financial Protection Board, which is an independent agency created after the financial meltdown and scandals the Obama Administration inherited.  The other is the National Capitol Region of the National Park Service, whose Rangers and maintenance staff previously had been represented by the painters’ union. Congrats to NTEU and anyone else organizing unrepresented employees.  And congrats to the Park Service employees who believing they were not getting what they needed from their prior union did something about it.

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Posted on March 23, 2014 by AdminUN

AFGE’S WEEKLY NEWS IN REVIEW FILLS A GAP

There is no shortage of publicly available newsletters covering federal employment issues.  However, AFGE has one that focuses on the news from the perspective of employees.  It is a very worthwhile source of information.  If your local likes to pass on information to employees to help them understand the need to stand up for themselves in a united way, this is a good place to get material.

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Posted on March 4, 2014 by AdminUN

WHAT DO SELECTING OFFICIALS OWE BQ CANDIDATES?  A LOT!

Law requires selecting officials to explain to non-selected BQ promotion applicants why they were passed over. In fact, it requires them to be quite specific about why. See if you can figure out which of these selecting official explanations meets the requirements of law.

  • You just were not the “best candidate” for the job.
  • You were not sufficiently suited for the job.
  • You did not do as well as the selectee in the interview.
  • The interview panel did not like your appearance.
  • You did not have the specific job knowledge and experience I was looking for.
  • You will not fit in with this group.
  • The selectee has more potential for these particular duties.
  • You need to show better interpersonal skills and leadership potential.
  • You need to improve your appraisal scores, get more experience, and demonstrate you are ready. Continue reading →
Posted in EEO/Discrimination, Information, Promotion/Hiring | Tagged | 1 Comment