Posted in Back Pay, FLRA, Grievance/Arbitration, Regulations
Tagged CFR, FLRA, NTEU, Promotion
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GRIEVING NON-SELECTION FOR PROMOTION (Part 3-ULPs)
Another kind of discrimination management must avoid is anti-union animus or discrimination. Title 5 USC 7116(a)(2) makes it an unfair labor practice for management “to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment.” Consequently, if there are any reasons to believe that the grievant was not selected because of her union activity the union should charge management with this ULP violation in the grievance. If the grievant is a union representative, the union should level this charge unless it is certain that it could not be true. That protects it while it obtains the promotion file and investigates during the grievance. Continue reading
Posted in FLRA, Promotion/Hiring, ULPs
Tagged animus, anti-union, Discrimination, Promotion, ULP
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GRIEVING NON-SELECTION FOR PROMOTION (Part 2- EEO)
If the union levels charges of discrimination in a non-selection grievance, it substantially increases its chances of winning. So great is the advantage that FEDSMILL believes the union should level a discrimination charge in a non-selection grievance unless it is positive it will not help it. Here’ s why. Continue reading
Posted in EEO/Discrimination, FLRA, Grievance/Arbitration, Promotion/Hiring
Tagged "Prima facie", Discrimination, FLRA, grievance
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GRIEVING NON-SELECTION FOR PROMOTION (Part 1)
Ask a manager if you can grieve non-selection from a BQ list and you are likely to hear that you can’t. Some of them will even quote part of a federal regulation that bars grievances over non-selection from a “group of properly ranked and certified candidates.” (5 CFR 335.103(d)) But, there are ways to get around that, e.g., allege that the list was not properly ranked, certified, or considered. That may sound like hair-splitting, but it gets the union the right to grieve. There are five ways to do that successfully. Continue reading
Posted in Promotion/Hiring
Tagged arbitrator, federal, FLRA, grieve, priority consideration, Promotion, retroactive, selecting official, union
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EDITORIAL – WHAT HAPPENS AT FLRA HAPPY HOURS
How do we know that FLRA is having regular happy hours during the day? Well, we don’t, but something like that must be happening based on the quality of its particularized need decisions. They are a mess—and that is the sugarcoated characterization. While legalists are having a grand old time waxing eloquently about the concept, actual practitioners struggle mightily to unscramble the case law jumble they have given us. By one count, FLRA and its ALJ’s have had to issue over 55 particularized decisions since January 1, 2000, which affirms a state of extreme conceptual turmoil. Office-wide FLRA inebriation is not the only possible explanation for this; it is just far more polite than others. But, enough of cheap accusations that reveal more about our shortcomings than FLRA’s; let’s look at facts. Continue reading
UNION MEMBERSHIP ACHIEVEMENTS
AFGE, NTEU, and NATCA excel when it comes to membership statistics, but for different reasons. Continue reading
Posted in Membership Building
Tagged AFGE, membership, NATCA, NSWEO, NTEU, POPA, union
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RESIGNING WITH A CLEAN RECORD REDEFINED
MSPB has just changed how it will interpret termination settlement agreements that call for the removal, cancellation or even change of the official record. In this case, management settled a removal appeal by agreeing to reinstate the employee and “[t]o change the nature of the Employee’s Standard form [SF] 50 bearing effective date 11 August 2007 from Removal to a 30-day Suspension.” Continue reading
Posted in Discipline/Adverse Action, MSPB, Resignations
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PART-TIMERS OWED BACKPAY
On August 23, 2011, OPM issued final regulations implementing a court decision requiring the payment of Sunday premium pay to part-time employees, as well as to full-time employees. The decision was Fathauer v. United States. Continue reading
FLRA BOOSTS TELEWORK REMEDIES
Few things are as frustrating as winning a grievance, arbitration or ULP only to find that the sole remedy imposed is an order that management not violate the law or contract again. FLRA claims that remedies should “restore, so far as possible, the status quo that would have obtained but for the wrongful act,” and that they should be chosen in part as a “deterrence of future violative conduct.” Even the courts have talked tough about remedies, “An approach to remedies that systematically fails to deter non-compliance, or dilatory compliance, with the Statute’s directives is fundamentally at odds with the Authority’s responsibilities. . .” Continue reading
GRIEVANCE DRAFTING TIPS 1, 2 & 3
Most contracts merely require the union to put the following in the grievance: 1- Article and section violated, 2- Description of the grieved event, and 3- Remedy desired. As clear as that or similar language appears, there are some drafting tips that will boost your chances of winning. Continue reading
Posted in Grievance/Arbitration
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