WHAT CAN BACK PAY AND DAMAGES INCLUDE?
You will be surprised to see what can be included and it all depends on how you draft the grievance. Continue reading
CHRISTIANS – 1, CBP MANAGEMENT –MINUS $28,600.
That is the way EEOC scored the Miami faceoff between the Customs and Border Protection Service and one of its CBP Officers who asked for Sundays off to practice his faith. Continue reading
FDIC CLOBBERED FOR LACKING CREDIBILITY
FDIC management has been ordered to rehire a former employee retroactively to late 2000. KAAAA-POW for management and KAH-CHING for the employee. EEOC found that management repeatedly lacked credibility when it tried to explain why it missed a deadline by 862 days. Continue reading
Posted in EEO/Discrimination, Information, Resignations
Tagged Constructive discharge, Credibility, EEOC, FDIC, ROI
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SF-1187 DOLLAR INCENTIVE CAMPAIGNS
How much should national union leaders offer for each new SF-1187? NTEU has offered $25.00 incentives, AFGE $50.00, and NFFE $100.00. What is the right amount? Continue reading
Posted in Membership Building, Union Administration
Tagged AFGE, Incentives, membership, NFFE, NTEU, Sf-1187, Unions
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WHO ARE THE SIMILARLY-SITUATED?
“All things being equal, if an employer takes an action against one employee in a protected class but not another outside that class, one can infer discrimination. The ‘similarly situated’ prong establishes whether all things are in fact equal.” Consequently, any union rep involved in representing employees in disciplinary or other harmful actions should know what makes employees similarly-situated. Continue reading
Posted in Uncategorized
Tagged "Prima facie", Comparable, Comparator, Discrimination, Similarly, Situated
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MSPB BLAMES QUICKHIRE
If you have worked with any of the software packages agencies use to hire and promote applicants, you know that they have shortcomings and flaws. All too often agencies have decided that is just a price employees have to pay in an automated world and done nothing to help the harmed employee. But MSPB has struck back against the systems blaming the error on the agency’s tolerance of a less-than-perfect QuickHire product they were using. Continue reading
FLRA FUBAR: ARBITRATING PROBATIONARY TERMINATIONS
In December 2011 the Authority had a chance in NTEU, 66 FLRA 416 to fix an error it made decades ago that denied unions and agencies the right to consolidate the numerous appeal options of a terminated probationary employee. As a result, well-represented probationers can continue to appeal dismissals to MSPB, EEOC, FLRA, and the Special Counsel alleging violations of nearly two dozen statutory rights. There is no doubt that the appeal procedures and legal reasoning in this area are fouled up beyond all recognition—despite the Supreme Court’s oft-repeated strong indication that it would overturn FLRA if given the opportunity.
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Posted in Arbitration, FLRA, FUBAR, Probation Period
Tagged arbitration, FUBAR, Probationary period, Termination
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WE’RE HOOKING UP (FMLA and Disability Retirement)
Look over to the right side of the page and you will find we have added two new links that will help you find answers quickly for your members. Continue reading
GETTING MORE THAN 12 WEEKS OF FMLA LEAVE
Despite the best efforts of the American education system to skip over the laws that will control the next 50 years of most students’ lives, generally high school graduates know that they are entitled to 12 weeks FMLA leave. But how many of us know that a sick employee may be entitled to more than 12 weeks off? Verizon’s legal staff didn’t and cost the corporation $20 million. Continue reading