FMLA QUALIFICATION OFTEN MISUNDERSTOOD

The Family Medical Leave Act does not impose the same qualification rules on everyone. The biggest difference flows from whether an employee is covered under Title I or Tile II, namely whether an employee must work 1,250 hours in a year before qualifying. Continue reading

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FSIP GUTS UNION’S RIGHT TO BARGAIN

The Impasses Panel just sent a very loud and clear message to unions working for employers that bargain with multiple unions. The Panel is more than willing to take away bargaining rights from the last union to settle with management in a mid-term bargaining dispute. Continue reading

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ADMIN LEAVE DURING NON-DUTY TIME

Can an employee receive admin leave on a day in which he/she was off on annual leave? Yes, according to the FLRA. Continue reading

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WHEN PAST PRACTICE TRUMPS CONTRACT LANGUAGE

What do you do if management suddenly announces that despite following a certain past practice for years, which obviously conflicted with the contract language, it is now pronouncing the past practice dead and insisting the parties immediately follow the clear and unambiguous contract language in the future? The first thing you would do is figure out whether you want to object, and if you do the second thing would be to read the newly issued decision AFGE, 66 FLRA 963 to refresh your recollection of how the law treats those situations. Continue reading

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SOFTENING SUSPENSIONS

In 1994 MSPB announced that when it had the power to impose adverse action agencies were required to have an employee serve his/her suspension on consecutive days, rather than let the employer serve a few days of a long suspension each pay period until the total suspension was fulfilled. Unfortunately, too many union negotiators overreacted and concluded that they had no choice but to accept sequential day suspensions. They were most likely wrong. Continue reading

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REASSIGNMENTS RIGHTS FOR DISABLED EMPLOYEES

Disabled employees just got a little more clout to insist on reassignment to jobs they can do. Continue reading

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WHY 17,000 EEOC CHARGES MATTER TO UNION LEADERS

One of organized labor’s biggest mistakes was to turn over to the government and private attorneys enforcement of the over 30 labor laws unions worked so hard to push through Congress.  As a result, tens of thousands of employees each year rely on a federal official or private attorney for help with an employment problem rather than turn to a union. Unions made themselves significantly less relevant by turning this representational work over to others, and, sadly, too many federal sector unions are going down the same self-destructive path that their private sector predecessors did. Continue reading

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UNION BOOSTS CUBICLE PRIVACY

NTEU won a FSIP decision in early August requiring the agency (EPA, Region 7) to not only give unit employees cubicle walls that had 46 inch high solid material bases, but to also add 22 additional inches of opaque glass.  Management opposed the proposal as too costly, citing a projected cost of $176,000.  It offered only 46 inch high bases with another 11 inches of clear glass. FSIP bought the union argument that the increased privacy would likely increase productivity.

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SEVERANCE PAY IS NOT SUBJECT TO FICA

If your members earn the right to collect severance pay, you might want to remind the employer that it should not withhold FICA tax from the check.  If they ask why, direct them to this article by the LITTLER law firm about a recent federal circuit court decision.

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NEGOTIATORS BEWARE OF MOUs

A new FLRA decision (AFGE, 64 FLRA 1113)leaves all us practitioners just a little more confused about the process for terminating not just a mid-term MOU agreement, but also the practices it established. AFGE lost the protections established by 12 midterm agreements in the blink of an eye. Be careful you do not too. Continue reading

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