Posted on February 8, 2022 by AdminUN

ONE MORE TIME WITH GUSTO: GRIEVING NON-SELECTION

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 →

Posted in EEO/Discrimination, Promotion/Hiring | Tagged | 2 Comments

Posted on February 6, 2022 by AdminUN

THE FLRA GUIDANCE GOLD MINE

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. 

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Posted on February 3, 2022 by AdminUN

PANTS VERSUS SKIRTS: A RELIGIOUS DISCRIMINATION MOMENT

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.

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Posted on February 3, 2022 by AdminUN

HEALTH & SAFETY WHILE TELEWORKING

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.

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Posted on January 31, 2022 by AdminUN

A VERY HELPFUL SHOP STEWARD TOOL

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 →

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Posted on January 31, 2022 by AdminUN

HOW HAZARDOUS DUTY PAY CASES ARE WON

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 →

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Posted on January 27, 2022 by AdminUN

UNION REP TEST #18 – (Attending Formal Discussions)

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 →

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Posted on January 27, 2022 by AdminUN

SHOP STEWARD LIABILITY

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 →

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Posted on January 18, 2022 by AdminUN

WHAT ARE YOU DOING WITH YOUR NEW SANTOS RIGHT?

Almost a year ago the Federal Court of Appeals, in a case known as Santos v. NASA, made it just a little bit harder to fire federal employees for poor performance. It reversed a long-time precedent by declaring henceforth management will need to prove by substantial evidence that an employee was performing unacceptably BEFORE it puts him/her on a PIP.  Prior to this, an employee could be put on PIP for any reason—or no reason at all—because management was not required to prove a thing. While the court’s decision is a welcomed contribution to employee protections, it will mean little unless unions think creatively about how to use it. For example, …  Continue reading →

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Posted on January 18, 2022 by AdminUN

MASKS, FACIAL HAIR, QUAL STANDARDS, AND AFRICAN-AMERICAN EMPLOYEES

EEOC just issued a new decision involving African-American employees and qualification standards. It is a familiar story about the difficulty those employees often have when required to be clean shaven in case a need arises to wear tight seal face masks, e.g., Pseudofolliculitis Barbae. The agency removed ten of them from their police officer positions in 2010 because of their inability to shave close enough to meet the agency qual standard. They filed a discrimination complaint, forcing EEOC to address the conditions under which it will find a qual standard discriminatory.  Continue reading →

Posted in Qualification Standards, Race, Reasonable Accommodations, Safety/Health | Tagged | Leave a comment