Posted on November 12, 2013 by AdminUN

THE APPROXIMATE REMEDY

Too many arbitration cases have come before the FLRA where the union failed to ask for a tough enough remedy.  Often, it appears the union concluded that it would be too tough to prove precisely what would have been done if the violation had not happened–or what would have happened “but for” the violation.  Consequently, the union merely asks for a cease and desist order and a posting acknowledging that the agency violated the law rather than the far more powerful back pay and status quo ante orders.  However, FLRA does not require that arbitrators impose a remedy that duplicates exactly what would have happened but for the violation. It allows them to impose remedies that only approximate the same conditions as if the violation had not occurred.  For example, . . . . Continue reading →

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Posted on November 6, 2013 by AdminUN

10 THINGS TO DO AT FORMAL MEETINGS

Unions make serious mistakes when they fail to cover every formal meeting in their unit or when they fail to train their stewards in how to tap the full potential value of these meetings. A good argument can be made that these meetings are more strategically important to the growth and strength of the union than grievance meetings or bargaining sessions.  Here is why we say that and how to get the most out of these meetings. Continue reading →

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Posted on November 4, 2013 by AdminUN

HOW TO PROTECT YOUR OWN GLADYS

Almost every bargaining unit has a Gladys. She works as a secretary, clerk, or clerical assistant.  Although she has performed acceptably for years, suddenly management puts her on a short PIP, imposes deadlines no one has ever heard of before, and shoves her out the door without any concern for how long she has been there or other mitigating factor.  Sadly, if your Gladys appeals to MSPB she will likely lose, as Gladys Towne found out when she appealed her removal from the Air Force. (2013 MSPB 81 (0ct. 28, 2013)) But here are two things a union can do to protect its Gladys from the fate Ms. Towne met. Continue reading →

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Posted on November 4, 2013 by AdminUN

FMLA FOR SAME-SEX FED SPOUSES

In July we wrote about the pending change to OPM’s FMLA rules that would allow same-sex spouses employed by the federal government all the benefits of the FMLA. (See FMLA, DOMA and Same-Sex Spouses).  OPM has now made it official.  Check out OPM Director Elaine Kaplan’s memo dated in late October.

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Posted on October 22, 2013 by AdminUN

THE “PLAINLY SUPERIOR” PROMOTION GRIEVANCE THEORY

Never heard of it?  It is the argument to use when grieving non-selection from a list of properly ranked and rated best qualified employees.  At least this is one of the ways. Here is how it worked for Gina Potter of the Food Safety and Inspection Service of the Dept. of Agriculture in EEOC No. 0720120029 (Sept. 2013). Ms. Potter, a GS-7 employee, applied for promotion to a GS-8/9 position in the same line of work.  Twelve employees applied for the two vacancies and when Potter was passed over, she filed an EEO charge claiming it was due to sex and race (Caucasian) discrimination.  The agency rejected her complaint claiming that her experience and training were not as good as other candidates.  It also claimed that she often created conflict needlessly.  But when the EEOC hearing began, witnesses testified under oath, documentary evidence was uncovered, and the real fun began. Continue reading →

Posted in EEO/Discrimination, Promotion/Hiring | Tagged | Leave a comment

Posted on October 16, 2013 by AdminUN

SES MAFIA FAMILIES

If the term “mafia” is defined as a culturally-based organized criminal enterprise, then a good argument can be made that there is an active one operating within the Senior Executive Service (SES)–complete with its own territories, families, capos, earning scams, swag, and protection.    Continue reading →

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Posted on October 16, 2013 by AdminUN

WHY AFGE SHOULD LEAVE THE AFL-CIO

AFGE has been adding members faster than almost any other union in the country—over 100,000 the last 12 years. Obviously, it knows how to organize and how to convince employees to join. So, we want to take this opportunity to argue that it makes no sense for it to stay in the AFL-CIO which prohibits all member unions from organizing employees currently in other AFL-CIO unions.  It makes no sense for the Federation’s future, AFGE’s future, or for the employees who are barred from moving over to AFGE no matter how much it would help them.  Ironically, it makes no sense for agency leaders either. Here’s why. Continue reading →

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Posted on October 16, 2013 by AdminUN

NTEU BREAKS THROUGH CONTRACTING OUT BARRIER

Unions have had a hard time even slowing agencies down in their pursuit of outside contractors.  OMB removed a lot of the issues from negotiations by issuing a detailed government-wide regulation. The Supreme Court tried its damnedest to minimize union rights to bargain over contracting out.  And arbitrators have moved timidly even when they have found the agencies contracting out in violation of law or regulation.  For example, in IFPTE, 64 FLRA 508 (2010) the arbitrator found the agency had failed to bargain with the union before contracting out work, but merely ordered the agency to comply with the law going forward.  Arbitrator Ira Jaffe did the same in AFGE, 64 FLRA 266 (2009).  Neither ordered a return to the status quo ante nor back pay for the earning opportunities lost by unit employees when their work was moved out the door.  But, speaking of doors, NTEU just kicked its way through the most fortified one protecting agencies.  It convinced an arbitrator to order the agency to take the work back from the contractor until it properly negotiated over moving it to an outside vendor and to pay the employees for the work they lost because it was sent outside the unit. Continue reading →

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Posted on October 1, 2013 by AdminUN

HAS MSPB GUTTED ADVERSE ACTION PROTECTIONS?

It sure seems like that to us.  Imagine that you represent a group of ten GS-11 Claims Analysts, one GS-7 Claims Technician and one GS-5 Secretary. Then one day the group supervisor calls you to announce that she wants to give the Claims Analysts more overtime hours to catch up with the escalating backlog of cases.  However, because there is no money in the budget to pay for those hours, management has decided to furlough the group’s Secretary and Technician for the next 20 work days.  The money saved from not paying their salary will be used to pay for the Analysts’ overtime hours.  According to a new MSPB decision there is not a thing you can do about that. Why? Because the Board has just given managers virtual immunity to withhold 22 work days of pay a year if they want to use the money for other purpose. Continue reading →

Posted in Discipline/Adverse Action, Furloughs | Tagged | Leave a comment

Posted on October 1, 2013 by AdminUN

DREADLOCK DISCRIMINATION

Although we do not hear much about agencies prohibiting dreadlocks, we doubt the issue is over forever.  So, take a minute to see how to push back against an agency demand to be dredlock-free. Check out the EEOC lawsuit. You never know when this bit of knowledge will be needed.

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