Posted on May 4, 2014 by AdminUN

ETHICS TEST: DID THIS UNION SELL OUT ITS MEMBERS? (ANSWER) 

Last week we posed a hypothetical fact pattern involving a union’s decision to trade five grievance/ULP charges, that potentially could have given unit employees millions in back pay, in return for a few hundred hours of official time for a union officer.  One reader called it a “Jack-in-the-Beanstalk” swap but without the sleepy giant’s gold or even fertile beans.  While we asked for thoughts on whether the union’s actions were ethical, let’s first look at the narrower questions of whether they were at least legal.  Continue reading →

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Posted on May 4, 2014 by AdminUN

WHEN EMERALDS FIGHT VULCANS UNIONS LOSE

When is it correct for a labor union to work with management to oppose back pay and other relief for the victims of management’s racial discrimination? Stumped? Well, take a look at this actual case to see if you can answer that by the end of this post. Continue reading →

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Posted on April 30, 2014 by AdminUN

WHEN CAN EMPLOYEE “LEADS” EVALUATE CO-WORKERS?

Answer:  They can’t or never are the only acceptable answers. But while the answer is easy, trying to convince managers not to ask Leads to draft performance appraisals is a lot harder. Delegating the task saves first line managers hours of work because first line manager need not personally track each employee’s performance closely throughout the year. But, it also puts the Lead in a bad, if not illegal, position with co-workers, not to mention they never get paid to draft evaluations.   So, here are some arguments to make if you face this problem and thoughts on what to do, especially for union-represented employees. Continue reading →

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Posted on April 24, 2014 by AdminUN

BILL GATES PREDICTS THE END OF THE ACCOUNTING/AUDITING OCCUPATION

Given that the feds employ about a quarter of a zillion accountants and auditors, many of whom are union members, here is something to think about. Bill Gates spoke recently about occupations that technology would soon replace. While there is a 100% certainty that “telemarketers” will be replaced by a few computer chips, there is a 94% certainty that accountants and auditors will be standing next to them in the unemployment line.

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Posted on April 24, 2014 by AdminUN

WHEN EMPLOYEES MAKE MANAGERS SAD

Perhaps she has watched too much of TV’s “Dr. Phil,” but when a Treasury Department manager met with a dissatisfied employee no one had to ask her “How does that make you feel?” As she told the judge, “I also said his decision to file made me feel sad and I would have to be a lot more careful about what I say.”  While we can admire her willingness to share her feelings, EEOC had a different feeling about all that.  Continue reading →

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Posted on April 22, 2014 by AdminUN

GENERALIZED ANXIETY AS A DISABILITY

Anxiety attacks are not only real, but they are a recognize disability protected by the EEOC under the disability statutes. When an employee was denied the right to bring a service dog to work that helped her deal with her attacks, she filed a charge with EEOC, which took the employer to court and won $53,000 in damages for the employee. EEOC took the position that the dog alerted the employee to oncoming panic attacks, helped alleviate symptoms during a panic attack, and could also do other tasks, such as retrieve small objects, retrieve her medical bag and guide her to an exit.  This is another good example of how powerful that law can be.

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Posted on April 21, 2014 by AdminUN

WHAT TO DO ABOUT ZOMBIE LOCALS

What is a zombie local?  It is a single local of a successful national union, that has chronically low membership, e.g. fewer than 30% of the unit employees belong. It enjoys all the protections and benefits of the national union because other locals, with double and triple their percentage of membership, cover their share of the costs. Federal sectors unions seem unable to effectively deal with the walking dead among their locals.  So, we thought we would share some thoughts. Continue reading →

Posted in Membership Building, Union Administration | Tagged | 1 Comment

Posted on April 20, 2014 by AdminUN

ETHICS TEST: DID THIS UNION SELL OUT ITS MEMBERS?

When is it okay for union leaders to drop pending arbitration cases that could potentially yield millions in back pay for members and non-members in return for agency agreement to allow one of the union leaders to work full time for the union? No union wants to trade one person’s grievance for another, which is often called “horse-trading.”  Almost every union grievance manual condemns the practice. But it can be legal as well as ethical. Look at these facts and let us know if you think this union acted ethically or sold out employees. Continue reading →

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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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