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

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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. Continue reading

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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 membersContinue reading

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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

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FSIP ORDERS AGENCY TO REBUILD AFGE OFFICE AND BREAK ROOM

What would you do if the agency unilateral changed a break room into a conference room, replaced the union office with a new break room that was one-third the size of the old one, and also moved the union to a smaller office?  Here is what AFGE did. Continue reading

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DAMAGE TO EMPLOYEE’S PROFESSIONAL REPUTATION COSTS AGENCY $4,000

EEOC just issued another decision awarding an employee $4,000 in damages for the “embarrassment, frustration, social isolation, and injury to his professional reputation” he suffered when his manager confronted him about his EEO charge and it turned into a “heated discussion.” Check out yet another EEO retaliation victory for an employee.  (Webster v. Panetta, EEOC Appeal No. 0120102276, 9/20/11.)

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STATUTORY GOOD FAITH VERSUS CONTRACT GOOD FAITH

The law requires that management engage in “good faith” bargaining with the union.  But the union is also permitted to argue that its contract contains a separate and additional obligation to bargain in good faith.  In fact, the union gets a tactical edge if it puts one in the contract. Continue reading

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BORDER PATROL COUNCIL SETS UNIFORM $$$ PRECEDENT

The Border Patrol Council set a nice precedent for the rest of us whose members are required to purchase uniforms.  Thanks to what the arbitrator ruled was Customs and Border Protection’s rigidity, management was forced to pay twice the annual uniform reimbursement cap mentioned in regulation.  Here is how AFGE did it. Continue reading

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POST-PIP PROTECTION

Employees who successfully make it through a PIP walk on very thin ice for the 12 months afterwards.  If their performance falls below the required standard during those 365 days, they can be terminated without another PIP opportunity to improve. Here is the post-PIP rule.   Continue reading

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CONGRESSIONAL STAFFERS OWE MILLIONS IN UNPAID TAXES

Great article posted in the Washington Post by Ed O’Keefe on 1/23/12.  It is another “gotta read” piece about the hypocrisy in Congress over raising enough money to fund the government—and federal employee raises.  Continue reading

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