THANKS AGAIN AFGE

AFGE’s General Counsel shop has shown, once again, how aggressively it is going to protect federal employees.  When the Office of the Special Counsel put out Hatch Act advice warning feds not to show any support for “resisting” what is going on in this country, AFGE decided to push back and filed a lawsuit. It wants an injunction to stop that kind of intimidation of feds who know better than anyone else the impact on current government operations and effectiveness. After the President ignored the Special Counsel’s finding that KellyAnne Conway repeatedly violated the Hatch Act and should be fired, you would think the Special Counsel would be the last person to warn feds not to exercise all their Constitutional rights.

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WHY DON’T UNIONS ALLY WITH VETERAN GROUPS?

Unions need all the help they can get these days and one need only look at the President to see how powerless someone can be without allies. So, why aren’t unions leaders knocking on the doors of the various Veterans organization to get their help with federal employee issues? A recent White House report shows that veterans are 31.1 percent of the entire Federal workforce, which includes the 13.3 percent of the workforce who are veterans receiving disability compensation. By comparison, veterans comprise only about 6 percent of the private sector non-agricultural workforce. What more evidence is needed to show that unions and veteran organizations have very substantial overlapping interests? The most fundamental job protections all feds have today came about in the 40s because Congress wanted to protect Vets returning from WW II, e.g., the adverse action due process protections. Somewhere along the line union leaders got cocky and thought they could go it alone.  We now see how foolish  that was. It is time one or more of the national union leader reached out to reestablish this natural alliance because strong collective bargaining rights benefit thousands of vets.

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THE RIGHT TO SERVICE ANIMALS IN THE WORKPLACE

A well-respected law firm just sent a legal memo out to its clients giving them a good overview of the right of disabled employees to bring service animals to the office or on the job. We recommend it for union reps if only to boost their optimism about helping disabled members. Check it out here.

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BEING NICE IN NEGOTIATIONS CAN BACKFIRE

The FEDSMILL board member with decades as a union chief negotiator has often explained to the rest of us why the chief spokesperson often needs to “not be nice” to the other side.  In fact, he calls it a critical bargaining leadership skill. Now the Harvard Business Review has published some research making the same point. While we do not want to burst the bubbles of all the interest-based negotiations purists out there, they and all other negotiators would benefit from reading the HBR with the same title as this post.

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PARENT ATTENDANCE AT SCHOOL IEP COVERED BY FMLA

While OPM is not bound to follow what the Department of Labor says about how to administer the FMLA, it almost always does.  So, now that DOL has said private sector employees can use FMLA to attend these school meetings for their kids, federal employees should feel free to request FMLA leave for the events too.  Check this out for a more detailed posting on the change.

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THE FUTURE OF OFFICIAL TIME UNDER TRUMP

The Administration and its finger puppets at FSIP are making it nearly impossible for unions to continue agreeing to bank time systems to represent employees.  Ironically, they are also requiring agency executives to put their own necks and awards on the line even if they want to agree to a reasonable bank of time they know with certainty is necessary if it is more than an hour per year per unit employee. Consequently, as a big believer in Newton’s law that for every action there is an equal and opposite reaction, it is virtually certain that unions will adjust their official time tactics to mute, if not mock, Trump’s orders. Here is one path they might take. Continue reading

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IMPOSING EXTRA REQUIREMENTS TO APPROVE FMLA LEAVE LIKELY ILLEGAL

A federal judge just shined a spotlight on a problem employees can encounter when they ask for FMLA leave as opposed to other kinds of leave.  The judge said the agency was wrong to add extra notice or similar requirements for a FMLA request that do not apply to a request for annual or sick leave. The decision is not binding on federal agencies, but it should cause unions to question if their members’ agencies require onerous extra notices to get FMLA approved. Check out this law firm’s post about the case.

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IS BANK TIME ONLY PERMISSIVELY NEGOTIABLE WITH UNIONS?

Union and agency negotiators started creating banks of time for union reps to use because it made a lot of sense for both sides.  Management, for example, no longer had to make countless decisions on what was a reasonable amount of time for each incident the union rep worked on.  Instead of approving a specific amount of time for the rep to draft an information request and another decision to attend a formal meeting and a third decision to interview a potential grievant and a fourth decision to review a notice of proposed change from the agency, management could let the rep manage his/her time against a hard cap. Another advantage was that it permitted unions to have one or two people handle all the union business rather than spreading the workload across maybe a dozen stewards—and thereby forcing a dozen managers into the official time tracking business. Bank time leaves managers the freedom to manage rather than to be glorified official time clerks. But the White House may have screwed that up with its anti-union executive orders putting a ridiculous cap on how much time union reps can have.
Continue reading

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YES, AMERICA IS RIGGED AGAINST WORKERS

“The United States is the only advanced industrial nation that doesn’t have national laws guaranteeing paid maternity leave. It is also the only advanced economy that doesn’t guarantee workers any vacation, paid or unpaid, and the only highly developed country (other than South Korea) that doesn’t guarantee paid sick days. In contrast, the European Union’s 28 nations guarantee workers at least four weeks’ paid vacation. Among the three dozen industrial countries in the Organization for Economic Cooperation and Development, the United States has the lowest minimum wage as a percentage of the median wage — just 34 percent of the typical wage, compared with 62 percent in France and 54 percent in Britain.”  The NY Times just published a fine piece on this issue from which we have taken the above excerpt.  We recommend it strongly so readers can see what damage hating unions has done to the country.

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SPECIAL COUNSEL RECOMMENDS KELLYANNE CONWAY’S REMOVAL FOR HATCH VIOLATIONS

Don’t expect to see President Trump’s top political operative leaving the White House any time soon with her head hung low, personal belongings in a box, and a pink slip dangling from her purse. The President has decided it is OK for his staff to violate laws that get in his way, even though he expects the Special Counsel to prosecute to the fullest any fed who dares to put a big toe over the Hatch Act line. Union reps should keep this case in mind when called on to defend a member’s error and talk about selective prosecution.  Check out the Special Counsel’s press release about Ms. Conway.

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