Posted on November 25, 2013 by AdminUN

THE SETTLEMENT MOTIVATION

One reason managers fail to settle grievances early is that they are unaware of the risks.  Although it would help everyone if agency leaders made them aware of the risk, unions carry some of the blame for this gap in management’s development.  We should be publicizing widely any disputes that went all the way through litigation and produced a big win for the employee, but that could have been settled much earlier if the local managers worked at it.  For example, a court decision just came out giving the employee $550 for having suffered sexual harassment from his female supervisor, but awarded Continue reading →

Posted in Grievance/Arbitration | Tagged , | Leave a comment

Posted on November 23, 2013 by AdminUN

HAIR!

Many law enforcement agencies demand that their officer/agents be clear-shaven at all times because they believe, without a scintilla of evidence, that makes them more effective. But a large number of officers/agents believe that intrudes unnecessarily on their personal lives. After all, it is not like a man can end his shift at 5 p.m. and grow a beard before going out that night. NTEU stood up for Customs and Border Protection Officers of Homeland Security and won the right via an FSIP decision for their CBPO members to wear “neat, trimmed and properly groomed” facial hair between ½” to 1” in length.  (See NTEU 2012 FSIP 010 (2011)) But the last few weeks have brought more good news for those opposed to an employer’s facial hair ban, including cops. Continue reading →

Posted in EEO/Discrimination | Leave a comment

Posted on November 13, 2013 by AdminUN

HOW TO VOID CRITICAL ELEMENT RATINGS

Way back in the late 70’s agencies could only fire poor performing employees using the adverse actions statutes.  Managers complained that made it too hard because they had to prove their allegations by the preponderance of evidence as well as prove that the employee’s alleged failings were serious enough to merit termination. President Carter changed all that by creating a way for agencies to fire these employees with merely substantial evidence, and no chance to challenge the seriousness of the mistake or the penalty imposed.  However, in return for that he signed a statue that stated that agencies would let employees know in advance what the performance standards would be and that they would “to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria.” (5 USC 4301)  When that deal was struck, the law was signed and then the roof fell in on federal employees. Continue reading →

Posted in Performance, Unacceptable Performance | Tagged | Leave a comment

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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