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
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
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
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
Before we turn to three other parts of a grievance where you can boost its winning potential and impact, remember this. If you were unable to draft the grievance broadly enough during the grievance stage, often arbitrators will allow the parties to deviate from the exact wording of the grievance and the management responses when crafting the formal issues statement for him. If you have that opportunity, here is an example of how a promotion-related grievance might be written for the arbitrator, “Did the agency violate Article X, Section Y of the parties agreement or any law, rule or regulation when it denied the following individuals promotion.” Continue reading
Almost no one talks about it, but every day FLRA takes to resolve back pay cases costs federal agencies dearly. That is not opinion; it is cold, hard fact. Here is a great example. Continue reading
All employees do not have equal legal rights. Union representatives have far more rights than most. In fact, they have far more rights than the average manager. So, if you hear anyone asking the question, “What Can the Union Do for Me?” here is just a short list of the powers a union rep can put to work for employees the minute a union is certified in an election. Continue reading
Management representatives often have access to the best electronic legal research tools to help them deal with the union. However, it is unusual that a union can afford services such as Cyberfeds, Lexis or Westlaw, or even has the training to get the most out of them. But union leaders can make up for that disadvantage by making good use of several free web sites that provide very useful information. Continue reading
Don’t miss reading this week’s NY Times article that exposes how contracting out work costs the government more than having its own employees do the work. One federal agency just disclosed that it paid outside private contractors about $80 for every hour of guard service it received. Given that security guard normally earn between $15 and $25 an hour, with few benefits, and low equipment/uniform costs, obviously some private sector vendor one is pocketing a good profit at the cost of the efficient use of tax money. And you if you want to see the video explaining the original research, click here.