Posted on July 7, 2013 by AdminUN

FUBAR: FSIP’S UNICORN

The Federal Service Impasses Panel (FSIP) has a unicorn that it treasures.  While the members prefer to call it their “demonstrated need criterion,” that label is merely to obscure outsiders from seeing clearly that there is nothing of earthly substance to the Panel’s valued possession.  By trotting this unicorn out repeatedly and treating it as if it alone can transport parties with grace and purity to future labor agreements, the Panel has impasse resolution Fouled Up Beyond All Reason.  It is time the Panel confronted the reality of bargaining table dynamics that practicing negotiators face every day and gave up its fantasy.  Continue reading →

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Posted on July 7, 2013 by AdminUN

FSIP SUPPORTS UNION DEMAND FOR TAX FREE-EMPLOYEE PARKING

Just as the tax law permits employees to shelter from taxes the cost of dependent care via a Flexible Spending Account or 125 Plan, it also permits employees who pay parking fees to get to work to pay with pre-tax dollars.  Because employers have the option of setting up these programs, it is up to employee unions to bargain for this benefit. One union just did with the support of the FSIP. Continue reading →

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Posted on June 26, 2013 by AdminUN

BARGAINING WITH JERKS – #1 (Information Access)

There are a lot of different types of negotiators on the management side of the table and one of them deserves to be labeled The Jerk. This is the person who has come to bargaining intent on oppressing the union rather than working with it, is a game player rather than problem solver, and goads the union into making technical errors that undermine or void its right to bargain.  So, we thought we would post occasional stories about how to deal with the various tactics of the table Jerk. Here is our first installment. Feel free to post your own suggestions at the end of the article. Continue reading →

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Posted on June 24, 2013 by AdminUN

HOW TO MEASURE MANAGEMENT UNFAIRNESS

Wouldn’t it be wonderful if there was a way to measure how unfair agency policies or practices are, especially if the measure was widely recognized as having evidentiary value? Of course it would because union leaders would be able to go to the bargaining table to argue with authority for changes to unfair HR systems such as those involving performance awards, promotions, appraisals, training and sick leave restrictions. Well, there is such a measurement and FEDSMILL describes how to use it below. Continue reading →

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Posted on June 24, 2013 by AdminUN

REASONABLE ACCOMMODATION SUGGESTIONS

When management denies a disabled employee’s preferred accommodation, it helps to know what other accommodations are commonly granted in similar situations. It turns out that is easy to do. There is a web site that lists them. Check out the JOB ACCOMMODATION NETWORK’S web site. It not only offers multiple options for dozens of disability situations, but also gives you an authoritative source to point to when management questions the reasonableness of the idea.

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Posted on June 24, 2013 by AdminUN

INTERMITTENT FMLA REQUESTS CAN BE TRICKY—FOR MANAGEMENT

What if an employee’s MD certified that due to the employee’s chronic but intermittent illness he is likely to be absent for five periods of two to three days each every six months, but the employee ends up needing to stay home twice as often as the MD predicted? Can the employer refuse to approve the extra FMLA leave needed? Can it fire the employee for unapproved absences? The answer will surprise you. Check out the article entitled, “Employee Fired for Absences Exceeding his Certification Can Raise a Viable FMLA Claim,” which was posted on the FMLA Insights blog page.

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Posted on June 24, 2013 by AdminUN

WHEN DO YOU OWN A PROMOTION?

By “own” we mean when must management use full adverse action procedures against you to take a promotion away? MSPB has changed its mind on when in the last year, which makes this important when management says that it made a mistake and reverses your promotion. Continue reading →

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Posted on June 19, 2013 by AdminUN

WHEN OSTRACISM AND PETTY MISTREATMENT CREATE A HOSTILE WORK ENVIRONMENT

Every once in a while union reps run across an employee that a manager hates to deal with. The law firm of Ogletree and Deakins just published advice on when that manager’s avoidance of the employee can be illegal. Check it out.

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Posted on June 19, 2013 by AdminUN

WHY UNION REPS NEED LAWYERS HANDY

FEDSMILL makes no secret of the fact that we think unions have to reorganize themselves in order to make attorneys more available to local chapter presidents and chief stewards. We even believe that organized labor should start lobbying to require high school students be given a course in labor and employment law. After all, they likely are going to be employees for most of the next 50 years or so of their lives. We know we have readers who disagree with our views and some really, really think our approach is elitist, unworkable, and an insult to workers. To those who disagree, we will only suggest that they review the list of labor and employment laws that apply to most worksites today. Below are 75 primarily federal statutes that give employees enforceable rights that unions should be prepared to enforce for them. Our thanks to the web site EmployeeIssues (EI) which developed this list and entered the comments on all but the first statute. Check out their site when you get a chance.

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Posted on June 19, 2013 by AdminUN

FLRA PUBLISHES GUIDE TO NEGOTIABILITY

Our congrats to FLRA Member Dubester for keeping FLRA active while we await Carol Pope’s Senate confirmation.  The FLRA just issued a Guide to Negotiability that any union negotiators should print and read.

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