Posted on May 22, 2023 by AdminUN

THIS MSPB COVER-UP IS OUTRAGEOUS

This case came to our attention because some anti-employee bloggers characterized the MSPB’s decision as “saving” the Dep’t. of Army from a series of blunders its managers committed while firing an employee. But make no mistake, this is an MSPB cover-up, not some well-intended helping hand.  This case explains why employees should always choose to appeal adverse actions to a certified neutral arbitrator rather than MSPB. It also confirms that MSPB gladly will distribute “Get Out of Jail” cards to help management fire an employee. Here is a quick summary of what happened. Continue reading →

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Posted on May 22, 2023 by AdminUN

AGENCY PIP DISCRIMINATORY; EMPLOYEE REINSTATED

A deaf/Hard of Hearing employee could read lips in one-on-one conversations, but needed an accommodation to participate in group conversations. Consequently, his performance suffered and the agency put him on a PIP, which ended in his termination. But… Continue reading →

Posted in EEO/Disabilities, Unacceptable Performance | Tagged | Leave a comment

Posted on May 16, 2023 by AdminUN

WORKPLACE ROMANCES: HERE ARE THE DATA

Forbes Magazine published an article recently entitled “Workplace Romance Statistics.” It delivers a bundle of very sound data showing that organizational leaders that feel a need to stamp out workplace romances are direct descendants of the most puritanical Puritans who arrived on the Mayflower and went on to burn witches in Salem. These cultural troglodytes cost their organizations hundreds of thousands of dollars in trained, experienced, and tested talent by firing the romantics just to satisfy a moral itch. Fortunately, the best union leaders are working to support staff who develop an affection for one another. Even where there is a power disparity within a couple, such as when a supervisor has a relationship with a subordinate, history has shown that the best way to deal with that is to find a way to separate them organizationally–not interrogate, intimidate and fire them. If the romance or post-romance seems to adversely impact their performance, go after them for the performance flaws, not for having had a romance.

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Posted on May 16, 2023 by AdminUN

CONSTRUCTIVE DISCHARGE GENERATES FIVE YEARS BACK PAY & BOOSTED ANNUITY

When does discrimination become so bad that the employee can resign or retire and claim s/he had been constructively discharged? Continue reading →

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Posted on May 2, 2023 by AdminUN

WHEN ARE UNION-EMPLOYEE CONVERSATIONS CONFIDENTIAL?

The short answer is, “Most times, but not always.”  The FLRA rolled out a decision recently making that crystal clear by endorsing management’s right to force a union representative to reveal to its investigators what an employee had told him in confidence. Continue reading →

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Posted on May 2, 2023 by AdminUN

WHEN MAGIC WORDS ARE NOT NEEDED

Must a federal employee specifically utter the magic words “reasonable accommodation” before an agency is responsible for considering the need for a disability-related accommodation?  Here is what EEOC said recently. Continue reading →

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Posted on April 25, 2023 by AdminUN

LOOKING BACK TO 2011

Fedsmill.com went live 12 years (and 1,300 posts) ago, which makes it easy to forget some of the information we thought union activists would want. So, we are going to reach back and resurrect posts from the archives that we think were particularly relevant and should not be lost to history. Here are three from those firwst four months of operation.

  • FIVE UNION RIGHTS YOU MAY NOT REMEMBER STEWARD ALERT!     We all know that union activists cannot be fired, denied a benefit, or even poorly evaluated if the decision is based on or even related to our choice to be union … Click on FEDSMILL.com to continue reading
  • QUESTION: WHEN IS A PIP A ULP?  ANSWER: Almost always. Click on FEDSMILL.com to continue reading
  • TEN REASONS TO BE A UNION REPRESENTATIVE  There are lots of good reasons to be a union rep, whether you get involved in grievances, negotiations, arbitrations, employee meetings, or information gathering & analysis.  Here are ten that we hope lead … Click on FEDSMILL.com to continue reading.
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Posted on April 25, 2023 by AdminUN

EMPLOYEE GETS $890,000 FOR SICK BUILDING EXPOSURE

A Dep’t. of Agriculture employee informed the agency that the mold spores in the agency building were causing her significant health problems. When she asked for approval for full-time telework it took the agency nearly three months to approve that.  Shortly after approval she suffered a near-fatal pulmonary attack which resulted in “organ deficits” including dysfunctional kidneys, cardiac fibrillation, and diabetes, and left her hospitalized for over three months. She filed an EEO charge alleging the agency’s delay in approving full-time telework led to her hospitalization. The agency argued that it should not be held liable for a building’s problem given that it is a mere tenant.  EEOC rejected the defense, upheld the idea that the agency was accountable for the delay in approving full-time telework and ordered the agency to cut the employee a check for over $890,000.  In short, unions and employees should not be reluctant to demand reasonable accommodations and monetary damages when the federal agency is merely a tenant to in a private building with health issues.  Check out Tien E., v. Thomas J. Vilsack, Sec’y., Dep’t of Agriculture, EEOC No. 2020001343 (2023)

 

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Posted on April 19, 2023 by AdminUN

THIS FLRA DECISION IS POPPYCOCK, DRIVEL, TWADDLE & TOSH

A union grieved to block implementation of a new term agreement, portions of which were imposed by FSIP.   FLRA ruled that the union’s grievance was defective because it was “directly” challenging a Panel decision when only “indirect” challenges are permitted. (See FEA-SR v. FLRA)  The headline of this post tells you what we think of this decision.  Here is why. Continue reading →

Posted in Bargaining Law, FSIP | Tagged | 1 Comment

Posted on April 11, 2023 by AdminUN

IF YOU ARE GRIEVING THE LOSS OF TELEWORK…

think about the remedy you are requesting.  Whether citing a ULP violation for a failure to bargain to impasse before implementing telework reductions or some contract violation, the simple remedy is that you want the agency to return folks to telework until the law or contract criteria are met. However, a more appropriate remedy is to ask management to restore sick or annual leave where employees would not have had to take leave if they had remained on telework.  For example, the person who had to leave work an hour early to attend a parent-teacher conference but who would not have needed the leave if still working from home.  Ditto if they came to work late because of an early morning medical appointment. Canvas your unit for any examples because not only does that undo the tangible harm done employees, but it also means the union can claim attorney fees. If you cannot get examples before the arbitration, ask the arbitrator to establish a post-decision  claims period during which employees so harmed can petition for leave reimbursement—and the union can thereafter ask for fees.

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