TEST YOURSELF- The Missing Grievance Allegation?

Let’s suppose that an irate member contacted her union rep on a Friday complaining that a month ago her manager had approved her taking one week of annual leave next week, but suddenly the leave that was to start next Monday was canceled.  She asked the union to do what it could. (Read on to see if you can figure out whether the union made one or more mistakes before we provide the answer at the end of this posting.)  Continue reading

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25 CRITICAL CONTRACT CLAUSES SERIES

Union leaders need to constantly update their bargaining demands–and FEDSMILL.com wants to help. The members’ needs change constantly as do their agency leaders.  New technology reshapes their work environment regularly, as do annual budget fights . Even the law and regulations mutate, although at a painfully slow pace. Negotiators need to keep up with all that or risk losing the support of the employees.  So, we are beginning a series of postings that deal with the most important contract clauses union negotiators should be pursuing today. Although no one contract we have read has all these issues addressed, most can be found in some contracts. Ideally, we can help you make them common throughout the federal government. The postings will be titled with the words CRITICAL CONTRACT CLAUSES, which will be followed by the topic. The first in this series appears immediately below. If you have any thoughts as to how we can make these postings more helpful, just send us back a comment.

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CRITICAL CONTRACT CLAUSES (#1)-Job Swaps

Why should not employees have a right to swap jobs, e.g., a GS-318-05 Secretary in one office on the west side of the city swapping with a GS- 318-05 on the east side of town–or even across the country?  While there are some costs to management, the agency and employee benefit under the right approachContinue reading

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INTEREST ARBITRATION’S “ANGELO ANGLE” 

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

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PROMOTION EFFECTIVE DATE REFINED

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

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WORKERS’ COMP FOR STRESS AND SHIFT CHANGES

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

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FEDERAL EMPLOYEES ARE THE SOLUTION

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

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FLRA EXPANDS ARBITRATORS’ POWERS

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

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HURRICANE SANDY AND FMLA

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

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ANOTHER RIGHT TO BE REASSIGNED

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

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