A Homeland Security Agent was fired for falsifying an official form. When he tried to defend himself by pointing out how supervisory employees who committed the same offense were not fired, DHS management and the MSPB Judge would not let him see that evidence. The terminated employee appealed, and got not only the information but another chance to prove his defense. Continue reading
We have said it many times before, but we can’t make the point to often. If a qualified employee is non-selected for promotion in favor of a person from a different protected civil rights group, s/he meets the prima facie test of discrimination. Once met, the burden shifts to the agency to provide a considerable documented explanation as to why the employee was passed over. Sadly, most union reps do not appreciate what an advantage this gives the employee seeking retroactive selection. Read the following excerpt from a new EEOC decision which once again outlines what the employer must demonstrate once the employee meets a prima facie test. If representing a non-selected employee, do not overlook the potential to raise an EEO allegation in any grievance along with contract and/or regulatory violations. If you file an EEO complaint, the Commission will not address any contract violations that might also have occurred, which is a clear disadvantage. Continue reading
Suppose Amazon’s Alexa could summarize the case law on dozens of federal employee labor law issues upon your request for help. Given the AI technology is not there yet, the next best thing for a union rep would be around the clock access to a legal expert who could do that off the top of her head when you called. That does not exist either, but the next best thing does. FLRA has posted almost 18 different legal analyses and guides for the practicing LR advocate that are easy to read and that will you headed in the right direction. Check out the “Guidance & Manuals” page. Then bookmark it so you can get to it quickly when you need it.
Some religions require women cover up from top to bottom while others declare that the Lord they worship wants women to show their legs – even when working in a men’s prison. Under the law barring religious discrimination the validity or credibility of a person’s religious belief is almost impossible to challenge. Consequently, it is no surprise that one employer that ran the health unit in a men’s prison wound up shelling out $75,000 when it withdrew a job offer from a women because as a Apostolic Pentecostal Christian she refused to wear scrub pants rather than a skirt while at work. So, open your mind to a wider range of religious beliefs now.
Given that the World Health Organization (WHO) has joined the building push to focus on this, it is time unions also paid attention. The WHO Report is a good place to start your research on the specific hazards and remedial actions.
It is not easy remembering all the different ULP’s managers can commit or the union’s right to attend formal meetings or a dozen or so other legal issues that pop up regularly in a steward’s work. But FLRA has made a lot easier by issuing something called the “FLRA General Counsel ULP Case Law Outline 2020.” It covers dozens of labor law issues by providing short, easy to understand descriptions of the precedent cases in each. If you ever wished there was a short book explaining federal employee labor law, this is as close as it gets. Stewards should keep a copy easily accessible in a draw or a bookmarked tab. Continue reading
FLRA issued a decision in the middle of 2021 that put a bright light on how these cases are won and lost. Given how hostile the current FLRA members—or at least two of them—are to employee rights, AFGE deserves a lot of credit for surviving the Authority’s majority predisposition to overturn every employee arbitration win. The case involved housekeeping staff at a VA hospital who the arbitrator found were entitled to environmental-differential pay (EDP) because they worked in close proximity to high-hazard microorganisms. These were not just COVID organisms. He built his bulletproof decision on the following findings, which are going to be critical issues in any hazardous duty case: Continue reading
Very few unit employees will ever see union leaders negotiate a contract or even represent a co-worker in a grievance. But if the union uses its right to attend all formal discussions, every unit employee will see union reps in action several times a year. It is the single best way to demonstrate union expertise and clout to the employees you want to pay dues. So, it is important to know what a union’s rights are to attend and be active in these discussions. Listed below are statements about formal discussion law and representational tactics. Indicate whether the statement is True or False. The answers, along with some case citations for further research, follow the questions. Continue reading
It is that time of the year again for hundreds of union officials. They are obligated to file reports with the Department of Labor (DOL) spelling out what they have done with the local’s money over the last 12 months. While DOL rarely reacts with any speed or force if a local is late filing—even very, very late, stewards should know that if their local’s reports are not filed timely they could be financially liable if their employing agency decides to enforce the timely filing requirement. Here is how that would work. Continue reading