The vast majority of neutrals brought in to settle a bargaining impasse, whether they are from FSIP or privately hired by the parties, rarely look at the impasse from what we are labeling the “Angelo Angle.” As a result, they often leave the parties worse off than when they were before, and, sadly, too many think that is not their problem. Continue reading
MSPB has refined the criteria for determining when a promotion is effective where the agency announced that the employee would be promoted on one day and after that date decided to postpone the promotion. The new rule should not come up often, but often enough that experienced union leaders should be aware of what it is. Continue reading
Although it does not happen often, employees can get Workers’ Compensation for absences and medical costs due to job-related stress. Here is how it works. Continue reading
As we inch closer to the fiscal cliff, everyone seems to be ignoring the role that federal employees could play in solving the problem. Americans have more options than raising taxes and/or decreasing spending to generate the $500 billion the White House is looking for. Substantially increasing the size of the federal workforce that roots out fraud could bring in hundreds of billions. Here are some numbers we hope all politicians keep in mind as they go to the bargaining table. Continue reading
Up until last week, once an arbitrator issued a final decision he/she was done with that case and had no right to issue a supplemental or follow-up award. The arbitrator was considered to be “functus officio,” which is Latin for what can be loosely translated as the neutral is finished, done, and without the power to do anything else. FLRA recognized three long-time exceptions to that doctrine. Last week it added a fourth. (AFGE, 67 FLRA 19) Continue reading
Union leaders in the areas hardest hit by the storm are likely to get a few uncommon FMLA questions in the next few days. For example, do the days my federal office was closed count against my 12 weeks of FMLA leave I was on at the time, can I use FMLA to deal with the effects of the storm, can the storm cause a serious health condition entitling me to FMLA? Continue reading
One of the major benefits denied federal employees is the right to laterally reassign to a vacancy elsewhere in the country even if it is for the same job title, series and grade that the employee already holds. Consequently, unions not only have to bargain hard to get employees that right, but also be aware of every statutory right employees already have to insist on reassignment. The Court of Appeals for the Tenth Circuit just reminded us of another path to a reassignment. Continue reading
The EEOC recently went on record indicating its willingness to charge employers with discrimination if they take personnel actions against employees involved in any of these circumstances. Every union rep should look over the EEOC spreadsheet entitled, Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking.
Most federal sector unions have only two nationally elected officials constitutionally empowered to lead the union. When one suddenly leaves office, the other immediately takes up the leadership slack. But, who is in charge if they both abruptly leave office? Too often, no one. Continue reading
The NLRB, which regulates private sector labor relations, has launched a full-scale assault on social media usage rules management has imposed on its employees. The Board is fighting any effort by employers to stop employees communicating outside of the job site or even sharing employment information. The Board believes those rules interfere with employee efforts to organize and bargain. Check out this short post that a pro-management law firm is circulating to warn employers of the new rules. If your agency imposes any of the offensive rules, think about challenging them through the FLRA.