TEST YOURSELF #3- Per Diem Entitlement

Assume that you have a union member who performed official travel to Pennsylvania, leaving his home in Ohio at 7:15 a.m. and returning at 8:15 p.m.  Is the employee entitled to any per diem allowance if she spent an hour each way commuting from her Ohio home to the Pennsylvania work site? Continue reading

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LRs “BIGGEST LOSERS”

Unlike the popular TV show from which we have borrowed our headline, it is not a good thing to be the biggest loser among management LR staffs in the federal government.  But the Department of Homeland Security unquestionably has the most losses before the FLRA over the last two years.  NTEU hammered CBP management in 15 out of 19 cases while AFGE won 16 out of 21 cases over DHS components such as Border Patrol, ICE, and CIS.  Added together, that is 31 loses out of 40 FLRA decisions. Here is what it means. Continue reading

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MYTHS & FACTS ABOUT THE EEO PROCESS

EEOC has issued an interesting comment and analysis about our process.

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BARGAINING OVER WORKLOAD CHANGES

The FLRA decided to once again defy common sense and only time (and a federal circuit court) will tell which one prevails.  The outcome will determine whether unions have the right to negotiate over changes in employee workloads resulting from management failure to react to circumstances beyond its control to preserve the employee’s status quo. Continue reading

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WHEN ARE UNION-EMPLOYEE CONVERSATIONS CONFIDENTIAL?

The short answer is, “Most times, but not always.”  The FLRA rolled out a decision recently making that crystal clear by endorsing management’s right to force a union representative to reveal to its investigators what an employee had told him in confidence. Continue reading

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HOW SENIORITY IMMUNIZES MANAGEMENT

The various employment civil rights acts work by forcing managers to make a choice when they select employees for promotion, awards, etc.  Ironically, making decisions based on seniority gives management near total immunity. Here is how. Continue reading

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TEST YOURSELF #2-  Strategic Negotiability Decisions

Assume that after a week of bargaining over a management-proposed mid-term change, management tells you that one of your four remaining unagreed proposals is non-negotiable?  This is an important proposal to you and you have good arguments as well as evidence to support it.  What do you do? Continue reading

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MAKING NEW PROPOSALS AFTER BARGAINING BEGINS

There is a little-known court case that authorizes union negotiators to make totally new proposals in the middle of negotiations. Continue reading

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SECRET SERVICE’S SILLY SEX STORY

Brace yourself, America—and especially federal employees. The culture war is about to flare to near-nuclear levels over the recent Secret Service Agents’ interaction with a salacious slice of Columbia’s service sector. First there will be accusations that federal employees’ values are not those of normal Americans, and if the agents are not terminated shortly there will be a wave of stories about how hard it is to fire federal employees. A few TV talking heads, perhaps even the misogynistic one with a string of three divorces so far and a predilection for recreational oxycontin, will call us feds godless. So, what could be a better time than to put the Secret Service silliness in its proper legal context. Continue reading

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TEST YOURSELF- A New Kind of Posting

Starting today we plan on posting fact patterns that will give you a chance to challenge your knowledge of labor/employment laws, regulations and strategy. Each will deal with a situation union representatives are likely to encounter at some point and be accompanied by our own FEDSMILL.com answer. Our goal is to put a little more variety into our postings while also giving you some material you can use to train others in your local union. If you disagree with our answers or believe you have even better ones, use the blog space at the end of the particular posting to share your perspective with the rest of us. Immediately below you will find the first Test Yourself.

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