A LITTLE HELP WITH FLRA CASE LAW

Julia Akins Clark, the FLRA General Counsel, has done us all a favor, by posting on her web site a document highlighting the most significant case law holdings on dozens of key points of law. While we disagree with portions of it, it is generally an excellent guide for a union rep trying to decide whether to file an unfair labor practice charge.

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GAO LOCAL 1921 NEGOTIATES FOR ENHANCED CUBICLES

(This posting has been copied almost verbatim from the Local 1921 web site.) In July, GAO will be relocating several employees in the headquarters building, including APSS staff, to make space for new tenants or related to the devolution of knowledge services. GAO’s space Order provides for cubicles for PT II employees, though generally they now have private offices. At the Union’s suggestion, rather than be relocated to stardard cubicles, those employees who are being moved out of private offices will be provided enhanced workspaces that use the cubicle partitions and furniture we already own and add glass panels to the top of the partitions and lockable doors to reduce sound and control access to the office spaces. Continue reading

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HOW TO STOP PERFORMANCE STANDARD CHANGES

While death and taxes may be the more commonly recognized guarantees of life, not far behind are changes in performance standards.  Employees everywhere can count on managers trying to change their expectations, even if only in subtle ways, e.g., during a group discussion, employee annual reviews, e-mail messages, and daily feedback.  Here is what unions can do about that. Continue reading

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THE RESUSCITATED “FAIR & EQUITABLE” CLAUSE

For the longest time FLRA has not let unions bargain a clause obligating agencies to apply their management rights in a “fair and equitable” manner.  But, all that changed not long ago. Continue reading

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GAGE ANNOUNCES RETIREMENT

AFGE’s National President John Gage announced his retirement this week in a letter he to the union’s members.  Gage has been president of the federal sector’s largest union for nine years and during that time the union added 85,000 additional members. Not only was that about a 40% increase in the union’s dues-paying membership, but it is as many members as the next largest federal sector union, NTEU, has in toto over its 70-year history.  John also led AFGE to a victory over NTEU in the TSA organizing campaign which puts the union in an excellent position to add thousands of more members over the next couple of yearsContinue reading

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FDIC FLIPS, FLOPS, FLAPS, & FLAILS

The FDIC leadership is currently doing its best impression of a fish tightly caught on the end of an angler’s line. It’s struggling mightily in a desperate attempt to break free of the hook NTEU has set in it and the almost inevitable outcome.  But, given that our country entrusts these same FDIC executives with protecting the nation’s banking system, it is worrisome to see their chronically irrational decision-making playing out in NTEU and FDIC, 66 FLRA 696. This is not just some sporting spectacle. Continue reading

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FUBAR: POPE’S PERMISSIVE POPPYCOCK

QUESTION: Why should a union never accept a management offer to sign contract language over a Section 7106(b)(1) permissive subject, such as method and means, technology, numbers, grades, etc.? ANSWER: Because Carol Waller Pope, Chair of the FLRA, has made sure the union will regret it. Continue reading

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CONTRACTOR CHUTZPAH

CHUTZPAH-Definition:  Nerve, Gall, Audacity. Private contractors doing government work are a lot of things.  They are often more expensive than government, they are notorious for missing deadlines, and they have no shame about taking government work paid for by our country’s income tax collections and shipping some citizen’s income-producing job overseas.  Yup! Contractors bring a lot of things to government, and another thing they bring is chutzpah.  Despite shouting from the rooftops, soapboxes, and campaign contribution pedestals that they are cheaper than government, they just insisted on and got the right to increase what they charge the feds for the executives’ time from an annual rate of $693,951. To $763,029.  That is almost four times what the top SES folks and cabinet officials earn a year to lead entire agencies. Continue reading

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THE NTEU-AFGE RACE CONTINUES AT DHS

Not long ago we posted a piece entitled, “LR’s ‘Biggest Losers.””  It was about how the LR decision-making at DHS is so poor that NTEU has a .789 winning percentage against DHS and AFGE .761 percentage.  That winning record would put them ahead of the 1927 “Murders’ Row” Yankee team that won 110 out of 154 games. So, here is an update on the May 13 posting. Continue reading

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WINNING OVERTIME COMPENSATION GRIEVANCES

The FLRA is obligated to impose remedies that make employees whole for harm suffered due to contract violations or ULPs as well as impose remedies that discourage continued violations. It recently reminded everyone what employees and their union reps must prove to force management to compensate employees for lost overtime. Continue reading

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