Posted on September 6, 2011 by AdminUN

EDITORIAL–  BRAVO, FLRA, BUT NO ENCORE CALL YET

We all owe the trio of Members Pope, Beck and Dubester a long and loud round of applause for what they accomplished the last two years.  It would be only a slight exaggeration to say that they pulled federal sector labor-management relations out of the dark ages and into an age of enlightenment.  OK, maybe that is a little more than a slight exaggeration.  So, let’s look at the hard facts—starting with the alleged dark ages, which are also known as the Cabaniss years. Continue reading →

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Posted on September 6, 2011 by AdminUN

FEDSMILL BEGINS

Hello.  We’re FEDSMILL, we’re glad to join you, and we hope we can help.  FEDSMILL is designed for union representatives and the employees they represent. It will present tips on how to enforce and expand their rights, highlight new developments in law and practice, and challenge some of the accepted wisdom, legal and otherwise, about how unions, federal employees, and management should interact. Most critiques will be aimed at areas of the law that the courts and FLRA have made too complicated for the thousands of union-management practitioners to administer.  (If managers and HR specialists also learn how to engage with employees and their unions more productively that will be gravy.) Continue reading →

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Posted on September 4, 2011 by AdminUN

AFGE GETS EMPLOYEE $16,000 BACK PAY

Here is another example to give those employees who refuse to join the union by asking, “What can the union do for me?” Continue reading →

Posted in Grievance/Arbitration, Schedules/Hours | Leave a comment

Posted on September 4, 2011 by AdminUN

BEST LOCAL WEB SITES  

While lots of things happen at NTEU conventions, one of the best is the identification of the top performing locals in several categories.  This year’s winner of the Best Web Site award went to the local of Securities and Exchange Commission employees.  You can hardly blame NTEU, but others unions show excellence too.  Continue reading →

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Posted on September 4, 2011 by AdminUN

GRIEVING ULP CHARGES

While the traditional place to file a ULP allegation is with the FLRA, there are considerable advantages to grieving it—especially if you make some small changes in your contract grievance procedure. Continue reading →

Posted in Grievance/Arbitration, ULPs, Uncategorized | Leave a comment

Posted on September 4, 2011 by AdminUN

“PARTICULARIZED NEED” MADE CLEARER

No one will ever accuse FLRA’s (or the courts’) “particularized need” concept of being clear and easy to apply.  In fact, it is closer to a full employment program for labor lawyers than it is a workable concept in the hands of everyday L-M practitioners.  But that is why two fairly recent FLRA decisions are worth remembering, i.e., they give practitioners useful and concrete advice. Continue reading →

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Posted on September 2, 2011 by AdminUN

FREE FMLA LEGAL GUIDE

If you deal with a lot of FMLA questions, take a look at the new case law guide from the American Bar Association. It has a great table of contents and very helpful summaries of precedent setting FMLA cases.  It is worth reading through just to see if you have been doing something wrong or missing an argument.   And it is free to print or bookmark on your favorites.   http://www2.americanbar.org/calendar/ll0223-2011-midwinter-meeting/Documents/b_fmla.pdf

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Posted on September 2, 2011 by AdminUN

QUIZ YOURSELF: Particularized Need Limitations

Which of the following does a union not have to reveal to management to meet the particularized need standard for getting information.

A.   Why it needs the information,   B.   The Uses to which it will put the data,   C. The potential grievant one whose behalf it is requesting the information,   D. How the information relates to its representational responsibilities,  E.  The potential violation it believes management committed, or F.  Its strategies for using the data to represent the employee? Continue reading →

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