In virtually every other situation, the rule of thumb is that the deadline for filing a grievance begins to run when the agency issues its written decision. But not when a WIGI is involved–and not knowing the WIGI rule cost one employee a lot of back pay. Continue reading
FEDSMILL.com just hit a milestone with its last posting. It was our 150th since we started last September. To mark the occasion, we thought you might appreciate a quick review of our best or most popular postings among the 150. Continue reading
Bilingualism is a highly valued skill in our diverse society, but some managers over at the Social Security Administration have found a new use for it, namely as a weapon to retaliate against an employee. This is not the usual story of a bilingual employee being the one discriminated against, but of someone being punished for lacking the skill. Continue reading
One of the first mistakes a union can make when drafting a grievance is to not ask for enough of a remedy. Not only does the grievant potentially lose something she might have been entitled to, but the union misses a chance to raise management’s liabilities and risks. The FLRA has approved over three dozen different remedies arbitrators can impose. Are you aware of each? Continue reading
It is never easy to get any job upgraded, but boosting the grade of those doing clerical and admin support has been particularly hard. OPM considers them overgraded already and there rarelya re enough of them in any agency to get anyone’s attention. But the National Weather Service Employees Organization pulled it off. Continue reading
A federal district court recently backed up EEOC’s position that severe obesity is considered a disability protected by law. That leaves us with the question of what is a severe disability. Continue reading
The courts are recognizing a new form of illegal discrimination, which means that union reps should be notified and trained how to prove it exists. In short, it involves an employee being discriminated against because of the people with whom he/she associates. Continue reading
Agencies are allowed to consider aggravating factors when choosing adverse action penalties. These could include prior disciplinary actions, poor work record, lack of rehabilitative potential, etc. However, MSPB just reminded us that there are limits union reps can enforce to defend employees. Continue reading
Not long ago FEDSMILL.com posted a piece entitled, “Who Are the Similarly Situated.” We noted that at least one circuit court did not require that the employees in the compared cases have the same supervisor, seriousness of offense, and standards. Continue reading
While management seems to work very hard to avoid unions soliciting new members in work area or while anyone in the area is working, it is illegal to prevent it. The FLRA has held that union reps can solicit new members while in work areas, even if the employees are working—at least under certain circumstances. Here is how this works. Continue reading