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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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

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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

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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

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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

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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

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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.

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