REMOVAL MITIGATED FOR DE MINIMIS INCIDENTS

STEWARD ALERT!     A recent MSPB decision gives unions a valuable precedent to use when defending employee against discipline or removal.  In this case (Raco v. SSA, (9/29/11)), the agency removed the employee for 22 alleged incidents of incorrectly completing her credit hour time card.  Continue reading

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EEOC TO MANAGERS: “ZIP IT!—CAN YOU HEAR ME NOW?”

MEMBER ALERT!     In October, FEDSMILL.com published an article entitled, “EEOC To Managers: Zip It!”  It was about various laws that prohibit managers from discussing publicly what they know about an employee’s medical or mental disability.  We made the point that a comment is public if made to anyone (or a group) without a legitimate need to know, or where it can be overheard by folks without a need to know. We reprint that article below, but precede it with the latest case in this line of law. Continue reading

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DEWEY PUBLICATIONS BOOK SALE

DEWEY PUBLICATIONS specializes in federal sector labor relations material.  You likely will find copies of one of more of their publications in management LR offices.  DEWEY just announced that it is putting several titles on sale.  Although DEWEY PUBLICATIONS  has not asked us to do this, we thought you might like to know about this sale because several of the books would be useful for union leaders.   For example: COLLECTIVE BARGAINING LAW FOR THE FEDERAL SECTOR is on sale for $55.  It examines the law on about 75 different decisions negotiators can face in the bargaining process.  FMLA BASICS, USERRA GUIDE, MSPB BASICS, and EEO BASICS are four books among more than a dozen from which you can purchase any three for $123.75. If this looks interesting, check them out at the following web address: http://www.deweypub.com/store/OnSale.html

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HOW UNIONS GET UNIT MEMBERS PROMOTED

MEMBER ALERT! Almost every time someone is promoted other applicants get passed over. Often, the passed over applicants feel they were just as qualified or even better qualified than the selectee. Sometimes they even feel that the selecting official did not give them fair consideration. Well, if you are one of those people, then your union might be able to help. Continue reading

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IS “AGE HARASSMENT” ILLEGAL?

MEMBER ALERT!     Sexual harassment is a well-known and well-litigated matter.  Mainstream media write about it often and most employers have policies prohibiting it.  But how many have heard of “age harassment” or an age-hostile work environment?  Here is what it is about. Continue reading

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WHO GETS THE DIRTY WORK?

MEMBER ALERT!     Virtually everything that comes out of the FLRA loudly broadcasts that management can assign any work it wants to an employee and there is little to nothing the union can do about that.  It is a management right.  Continue reading

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UNDERMINING A NEGOTIABILITY APPEAL

NEGOTIATOR’S ALERT! Here is a case negotiators should not forget about. NTEU filed a negotiability appeal with FLRA over an issue arising out of term negotiations. However, later in those negotiations it agreed that even if the Authority found the proposal negotiable the parties would delay negotiations over the proposal until the contract reopened. Continue reading

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REASONABLE ACCOMMODATIONS FOR DISABLED COMMUTERS

MEMBER ALERT!     Disabled employees now have a little more reason to expect that their employer may be required to help them commute to and from work when their disability makes that very difficult or impossible.  One U.S. Circuit Court of Appeals just instructed a lower court that the right to a reasonable accommodation can extend to commuting to and from the job.  Generally, courts have not done that.   Continue reading

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WHAT DO 27,000 LAWYERS TELL US ABOUT UNION POPULARITY?

Martindale.com reports that 27,160 lawyers in this country make a living practicing labor or employment law.   So, no one should think that our workforce has lost its interest in employee rights and representation.  There is a major market for employee representation, and unions should be asking themselves why employees have turned to very expensive private attorneys for help rather than to unions. Continue reading

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FMLA FOR FAMILY MILITARY SITUATIONS

MEMBER ALERT! OPM finally issued regulations spelling out when federal employees are entitled to use FMLA leave to deal with military-related situations in the family. Family includes an employee’s spouse, son, daughter, or parent. The specific situations for which leave are allowed are called “qualifying exigencies” (5CFR 630.1204) and are paraphrased below. Continue reading

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