WHAT DID THIS UNION DO WRONG?

Here are the facts.  See if you can figure out two things the union did wrong.  The agency had a practice of placing a guard at each of its strategically important locations around its property every shift.  When it suddenly changed that by requiring one staff person to cover two strategic locations per shift rather than one, the union charged management with violating the contract.  The clause at issue read as follows: “The Employer agrees to lower inherent hazards to employees to the lowest level possible without relinquishing its management rights.  A ‘strategic location’ is defined as a self-contained area and can only be safely secured by a single officer.”  The union grievance asked for a return to the prior staffing level and that is what the arbitrator ordered. However, FLRA overturned the award saying that it intruded too heavily on management’s right to assign work.  Have you identified the two errors yet? Continue reading

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FMLA, DOMA AND SAME SEX SPOUSES

Now that the Supreme Court overturned the Defense of Marriage Act there seems to be a lot of chatter about what that means for same sex spouses seeking FMLA benefits. As of today, if a federal employee asks this question, “May I take FMLA to care for the medical needs of my same-sex domestic partner?” OPM will respond with the following: “Because the individuals for whom an employee can provide care under the Family and Medical Leave Act (FMLA) are specified in statute, an employee may take FMLA leave only to care for spouses, sons and daughters under 18 or over 18 but incapable of self-care because of a mental or physical disability, and parents. The DOMA definition of spouse precludes the extension of FMLA leave benefits to opposite-sex partners.”  But, . . . Continue reading

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OBESITY AS A DISABILITY

Back on March 24, 2012 we posted an article entitled, “When Severe Obesity Is a Disability.”  It explained how EEOC now recognizes obesity as a disability qualifying employees for reasonable accommodations.  Well, now the American Medical Association has said the same thing. Check out the posting on the web site of the law firm Shaw and Valenza.

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LABOR’S VERY BIG BLUNDER (The AFL-ABA-CIO)

Organized labor has been shrinking in numbers and influence for over 60 years. There are a lot of reasons: well-funded enemies, relentless lawlessness by many employers, a toothless labor law, foreign competition for jobs, automation, some public image disasters, poor business practices, etc. But at least as harmful as any of them was labor’s own decision to give away it most valuable asset, namely its right to exclusively represent employees in all employment-related matters, not just contract matters. Continue reading

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BARGAINING WITH JERKS- #2 (Negotiability)

What do you do with the Jerk on the other side of the table who needlessly declares union proposals non-negotiable just to screw-up bargaining and prevent problem-solving?  Well, we can think of eight things, and described them below. (This is the second in a series of postings.  The first was entitled, “Bargaining With Jerks #1 (information Access)”. This series is dedicated to those on the agency side of the table who come to obstruct rather than construct, whose only bargaining skill is to game-play, and who cost agencies millions each year.) Continue reading

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OUR APOLOGIES TO THE DVA RNS

A few weeks ago we posted a piece entitled, “Why VA Nurses Should Study Wall Street.”   It reviewed the advantages for employees working for the same nationwide employer to be represented by one union rather than many.  Unfortunately, that is too often the case today and it is hurting unions’ bargaining power.  Although our core example dealt with the Registered Nurses of the Department of Veteran Affairs, we in no way meant to attack their current situation or unions. They made that choice and, frankly, the current approach has some advantages too. Continue reading

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FOR THE FMLA SPECIALISTS

The American Bar Association just issued its newest report on recent developments in FMLA case law. It is entitled, “2013 ABA FMLA Report.” If you are the union rep that handles all the FMLA matters for your local, it is worth your time to at least page through this to see the updates.

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TRADING INFORMATION FOR MEMBERSHIP

We have noticed a couple of local union newsletters that are worth bringing to your attention. Why?  Because the single most valuable thing a union can offer all its unit employees is information about what is happening in their work lives.  Few members will ever need union help against a proposed disciplinary action or to get a promotion unfairly denied them.  While most of the unit benefits from a newly negotiated benefit, most soon forget that the union got the benefit for them. But everyone feels better knowing what is going on behind the scenes at their workplace.   Once the union establishes itself as a continuing source of timely, accurate, locally relevant news, employee support and loyalty will grow. Continue reading

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AMERICA’S BEST INVESTMENT OPPORTUNITY

What would you do if you had an investment opportunity that paid you $7.00 for every $1.00 you invested?  If you need a hint, look at what Congress is doing–and then do the opposite.  The NY Times recently reported that the IRS takes in $7.00 dollars for every dollar Congress puts in the IRS budgetContinue reading

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AGENCY DEMEANS EMPLOYEES’ PERFORMANCE

What would you call it when an agency decides to fund the non-supervisory employee awards budget at only 56% of what is needed, while deciding to fund the management awards account at 100% of what was needed?  We call it demeaning, but unfortunately for the members of AFGE Local 788 an arbitrator said it is OK. Here is why and what unions can do to prevent this? Continue reading

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