FLRA FUBAR: THE PAST PRACTICE “ACQUIESCENCE” MESS

The FLRA has done a lot of good, and it has had moments where it neither helped nor harmed.  But there also have been times when it has Fouled Up Beyond All Reason (FUBAR).  Its concept of what makes something a past practice is one of its more troubling mistakes for practitioners. Continue reading

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WHEN UNIONS LIBEL MANAGEMENT

More than a few contracts state that the union may not libel (or slander) any manager when using the agency’s internal communications systems.  But what can management do if the union does cross the line.  An old FLRA case offers us a glimpse. Continue reading

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OCTOMOM AND THE “COVERED-BY” BARGAINING DEFENSE

Much of science is devoted to finding out where things came from, e.g., the universe, global warming, the Kardashians, etc.  But there is no need to search very far for the origin of the “covered-by” doctrine. Thank Judge Harry Edwards of the U.S. Circuit Court in Washington, D.C.  The covered-by formula is his signature potion for poisoning the more workable contract waiver theory. Continue reading

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SEXUAL HARASSMENT LEADS TO $168 MILLION JUDGMENT

YIKES! We all know what can happen when a dispute goes to a jury, but when the jury in this case gave the employee $168 million in damages for the harassment she suffered, it set what many lawyers are calling a record. Because most federal employees have the same right to put their case before a jury like she did, we thought you might want to know what caused the jury to do this. Maybe a member of your local has a similar case. Continue reading

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HOW NTEU DEALS WITH RECLASSIFICATIONS

Assume that management wants to change the series classification from one series to another without any change in the employees’ grade, work, or location.  What can the union do about that given that it cannot grieve to overturn the decision?  A recent NTEU victory at FLRA shows us one way to do that while also getting a major remedy imposed on the agency. (See NTEU, 66 FLRA 528) Continue reading

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RESIGNATION REGRET & PROBATIONERS

What do you do for the probationary employee who calls you from home not only to tell that he resigned last week, but that he wants the union to get his job back? Extend your sympathies? Wish him luck? Tell him that he should have checked with the union before he made that decision? Continue reading

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DOES AFGE OVERTIME WIN MEAN BACK PAY FOR YOU?

The Authority has just upheld an arbitrator’s decision (AFGE, 66 FLRA No. 100) which could mean retroactive overtime pay for a lot of federal employees.  It all began when the Bureau of Prisons decided that it needed more elaborate procedures to ensure that overtime was paid only after necessary approval forms had been signed by authorized managers. Continue reading

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FREEBIE FOR FMLA REPRESENTATIVES

If you represent members in FMLA matters, check out the America Bar Association’s latest overview of FMLA legal developments.  It is free, very thorough, and likely leave to you with a deeper understanding of arguments to raise on behalf of your co-workers.  The most relevant to the work most union reps do will be Chapter 6.V.,  dealing with what is required in a medical certification, and Chapter 10’s review of what constitutes FMLA Interference, Discrimination and Retaliation.

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ILLEGAL TELEWORK DEALS

What do you call it when a bargaining unit employee asks her manager to allow her to telework, the manager agrees, and they work out the details of when, where, and under what conditions? “Illegal” is what we at FEDSMILL.com call it. Continue reading

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A NEGOTIATOR’S THREE MAGIC WORDS

Abracadabra won’t work; neither will hocus-pocus. But the phrase, “Management has determined” will open doors at a bargaining table. Continue reading

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