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.
What does it say about an agency when it takes months or even years after it becomes aware of an employee’s misconduct to discipline the employee? We think it suggests a serious mental illness among the agency leaders, perhaps Multiple Personality Disorder (MPD). FLRA thinks it is grounds for mitigating the discipline and ordering back pay. Continue reading
Although we have not seen any federal sector cases where management objects to what the employee does while on FMLA leave, the issue seems to be heating up in the private sector. The FairMeasures.com web site posted an interesting story about the issue entitled, “What Am I Allowed to Do While On FMLA?”
The Federal Labor Relations Authority (FLRA) announced recently that its web-based Comprehensive Arbitration Training is now available on-line. The training is yet another example of the FLRA’s ongoing efforts to better serve the labor-management community, providing members with current, useful tools to support them in addressing workplace matters.