A NEGOTIATOR’S ROOKIE MISTAKE & APPROPRIATE ARRANGEMENTS

This is one of those case law precedents that union negotiators cannot hear enough. If your proposals are all non-negotiable, you give the employer the right to unilaterally implement its proposed midterm change. It can walk away from the table and not look back. (NTEU, 12 FLRA 19) Continue reading

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IMPORTANT OT BACK PAY PRECEDENT

FLRA just added some clarity to the issue of when are employees entitled to back pay.  In NTEU, 66 FLRA 1024 the employee had been denied the right to work overtime because there was a pending investigation of his conduct. There was no dispute about his performance, just conduct and just one incident. This was a very big deal because the employee was in a job where employees could and regularly did earn up to $35,000 a year in overtime. Continue reading

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AFGE WINS WTH UNCOMMON DEFENSES TO PERFORMANCE CRITICISM

If the average federal employee only knew how vulnerable he/she is to being fired for performance-based reasons, employee pharmaceutical bills would double. Management can unilaterally set the performance standards, need only produce some evidence that the employee failed to meet one of them, and choose the penalty with virtually no second-guessing by MSPB or the courts. That’s why a recent AFGE victory is very good news, whether grieving a low performance appraisal or defending against a proposed removal for unacceptable performance. Continue reading

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ABSOLUTELY DESPICABLE

This is not about the federal sector, but it is a story about employee relations and employment law that should be told and retold as often as possible. EEOC just announced that it caught a private sector employer, Henry’s Turkey Service, paying some of its employees only $65. a month.  Although the evidence showed that the employees performed at the same level as other employees doing the same work for $11. an hour, management apparently believed it could pay them far less because they were mentally impaired disabled workers. (The job was to hand-gut dead turkeys.) Continue reading

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TERM LIMITS FOR UNION OFFICIALS

Normally, we oppose term limits for elected union officers.  If the leader is doing a good job in the eyes of the membership, let them decide via elections whether to return him/her to office—no matter how long the leader has held the job.  But, there is one big exception. Continue reading

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CEO PAY JUMPED 5% LAST YEAR FOR THE HIGHEST PAID ONES

This has almost nothing to do with federal sector labor relations; it is merely about social justice.  At a time when a record number of Americans are living in poverty, isn’t it comforting to know that the absurdly wealthy, multi-millionaire CEOs are getting raises?  In fact, their raises averaged 5% for the year.  Check it out if you do not believe us.  What makes this particularly exciting is to know that this is the group that demanded the President show more fiscal restraint with federal employees by freezing their pay. NO wonder they do everything possible to crush unions.

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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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