NTEU PROVES FDIC PAY RAISES VIOLATE CIVIL RIGHTS ACT

NTEU charged the Federal Deposit Insurance Corporation with discriminating against its African-American employees and those 40 and over when it distributed performance awards. Last week an arbitrator agreed ruling that FDIC violated civil rights laws. Continue reading

Posted in Arbitration, Compensation, EEO/Discrimination | Tagged , , , , | 1 Comment

RETALIATION, SPOUSES, AND CATS

News broke last week that retaliation against employees spiked last year.  So, FEDSMILL.com thought it might be a good time to remind everyone what actions are considered retaliation and the options for dealing with it. Continue reading

Posted in EEO/Discrimination | Tagged , , , , | Leave a comment

FREE HEARING TRANSCRIPTS FOR UNIONS

In 1991 FLRA announced that management must provide unions free copies of an official transcript of an arbitration hearing.  Continue reading

Posted in Arbitration, Information | Tagged , , | Leave a comment

FORMAL DISCUSSION COMPROMISE

The law provides that union representatives attending formal meetings can comment on what management says, offer opposing perspectives, and generally do what is necessary to safeguard employee & union interests.  But they can’t take charge, usurp or disrupt. Those very vague FLRA statements can lead to arguments between union and management reps.  Here is a way to avoid that. Continue reading

Posted in Bargaining, ULPs | Tagged , , | Leave a comment

LIMITATIONS ON MANAGEMENT DISCRETION

The very term “management discretion” suggests that management can do what it wants, but FLRA ruled that is not true—or at least there are limits.  The Authority faced a case where management had the discretion to decide who worked flexiplace/telework.  Management obviously thought it could do what it wanted with that discretion—so long as it was legal.  Continue reading

Posted in Bargaining | Leave a comment

REPRESENTING A TRANSGENDER EMPLOYEE

Some of us at Fedsmill.com have already been involved with representing transgender employees and it would be wise for all union leaders to keep an eye on how these cases are spinning out. The law firm of Gonzalez, Saggio, & Harlan, LLP just posted a story about a terminated employee who alleged sex discrimination related to transgender activity. We recommend you read it.

Posted in EEO/Discrimination | Leave a comment

HONEY, THEY SHRUNK THE IRS . . .

And that made my raise totally disappear. Just a few days ago FEDSMILL.com posted an article about how Congress will not fund the IRS to collect over $300 billion our government is currently owed by tax cheats.  Then, yesterday David Cay Johnston, a Pulitzer Prize winning writer, published a column with even more details about how Congress prevents IRS from collecting from tax cheats.  That  money would not only pay for federal employee raises, but also quickly pay off the American debt.  It is a “Gotta read” piece.  Johnston’s article is entitled, “Honey, They Shrunk the IRS.”  But don’t think that Congress is just using this low-visibility technique on IRS to drain the Treasury and make the country look broke.

Continue reading

Posted in Compensation | Leave a comment

FLRA FUBAR: THE FORMAL DISCUSSION MESS

“Formal discussions” are the most common labor-management interactions in the federal sector.  With tens of thousands of managers, there are likely over 100,000 a year.  But, thanks to FLRA, the concept is probably the most difficult to administer and “fouled up beyond all reason.”  So, FEDSMILL.com is putting the “FLRA FUBAR” label on this area of case law. (This is the first in our FUBAR series.  See the menu bar.) Continue reading

Posted in FUBAR | 1 Comment

IMPASSE CRACKERS

What’s an impasse cracker?  It is one of those tactics seasoned negotiators pull out when bargaining seems hopelessly deadlocked to create an agreement.  FEDSMILL.com has listed ten of our favorites for you to consider and use. Continue reading

Posted in Impasse | Leave a comment

WE DON’T BITE, HONEST

We set up FEDSMILL.com as a blog rather than pure web site because we wanted to encourage an exchange of our ideas.  That is why there is room after every article to post your reactions, thoughts and disagreements.  Assuming they do not amount to slander, libel or contain one of the Supreme Court’s seven dirty words, we are going to post your comment to our web site for others to see.  Ideally, you come up with better ideas, deeper insights or just something more valuable to say than we have.  If you do, we all win.  So, start posting.  Otherwise, we may start biting.

Posted in Uncategorized | Leave a comment