WHY (ALMOST) ALL FEDERAL EMPLOYEE UNIONS’ TOP LEADERS ARE HYPOCRITES

That’s right, even though the staffers at Fedsmill consider themselves to be diehard supporters of unions, we must call a foul when we see top union leaders behave so miserably toward a group of their employees. Every federal employee who completes a probationary or trial period is entitled to challenge an agency’s decision to fire him or her to a hearing before a third party neutral.  Moreover, this neutral can not only order the terminated employee reinstated, but in certain cases give money damages beyond any back pay entitlement and order the agency to consider discipline the agency manager who imposed the termination.  Additionally, even those employees no longer in the bargaining unit, namely those who became managers or confidential employees are entitled to due process before being fired. Finally, as best as I can tell the non-supervisory staff of every federal employee union has formed their own union and have the right to challenge any disciplinary action to arbitration. That leaves only one group of employees on the staff of these unions or among the people they represent who are totally exposed to unfair, arbitrary, capricious and retaliatory terminations without an opportunity to challenge.  I am talking about…  Continue reading

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SAVE A PROBATIONER

Here is something unions should consider to help probationers in addition to the lawsuit they filed.  By terminating probationers, the agencies undoubtedly impacted the employees left behind. And as we all know, if an agency intends to implement a change it must give the union advance notice and an opportunity to negotiate to an agreement before the change can be implemented.  That includes dealing with union information demands and other process-related litigation, and FSIP.  If your agency did not give your union advance notice – and that must be SPECIFIC notice, then it likely committed a ULP. While the agency has not violated the terminated probationers’ rights, it did violate the union’s right to notice and bargaining. The best course of action is to file a grievance alleging a ULP violation, i.e., 7116(a)(1) and (5).  (If you file a ULP with FLRA, it will just sit in the corner for years because there is no General Counsel at FLRA.)  Without a GC, FLRA does not have authority to file complainants.  Don’t load the grievance up with other allegations such as contract violations because that will only give FLRA a technical mechanism to keep the grievance out of court. Be sure to ask for reinstatement of all the probationers with retroactive compensation and benefits, attorney fees, and all other appropriate remedies.  (Ironically, by the time most unions win these cases the employees will also be considered by the law as having finished their probationary period.) The agency will deny the grievance and you will have to take the case to the FLRA.  Given that the White House will fill the FLRA with employee and union hating tools, union will probably need to take their cases to the courts to get the win.  Here are a couple of FEDSMILL.com posts that review just what is required by “specific notice.  https://fedsmill.com/nonotice103942/  and 

https://fedsmill.com/10207-2/

 

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A NEGOTIATOR’S ROOKIE MISTAKE & APPROPRIATE ARRANGEMENTS

This is one of those case law precedents that union negotiators cannot hear about enough. If your proposals are all non-negotiable, you give the employer the right to unilaterally implement its proposed midterm change. It can walk away from the table and not look back.  Continue reading

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AND THE FUTURE JUST KEEP COMING: WEARABLES

It will creep up on feds slowly, but make no mistake that it is coming for you.  So, you might as well take a few minutes to know what it is, what it can do to you and what you can do about it. EEOC just released a Fact Sheet on Wearable Technologies; it focuses on smart watches, glasses, helmets, and “digital devices embedded with sensors and worn on the body that may keep track of bodily movements, collect biometric information, and/or track location.”  EEOC is alerting unions and employees about the problems these devices will cause employees as they spread. Union reps would be wise to start thinking about what they are going to do when their agencies ask employees to wear digital trackers that record not only their whereabouts every minute, but also their physical data. If you want to see what advice employers are getting about this, check out the article the Littler Law Firm has posted advising them. 

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WHAT TRUMP CAN TEACH UNIONS (MOUGA)

Love him or hate him, but union leaders can learn something from studying what he has done to get his way in business, government, and a few other more intimate areas. So, we have outlined below the most critical organizational components “Trump style” national union presidents need to establish their own “autocracy edging toward a dictatorship.”   Continue reading

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BEHOLD THE GOLDEN AGE OF DISCRIMINATION COMPLAINTS

With the House of Orange 2.0 abolishing anything remotely related to DEI, it is inevitable that some folks will think it is once again OK to discriminate, harass, retaliate, etc. against others based on race, gender, age, national origin, religion, disability, color, etc.  Looking down the road, we expect not only a rapid increase in the number of violations of the various civil rights laws, but also in how grossly obvious the violators are. That is going to lead to what some, including us, will call the golden age of discrimination complaints. Continue reading

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THE NEGOTIABILITY OF THE MUSK BUYOUT

If a co-worker decides to “take the public’s tax money and run” buyout opportunity that Czar Musk is offering, doesn’t that have an impact on the bargaining unit?  And if it does have an impact on others, doesn’t that mean it all must be negotiated before  the departing co-worker is allowed to race out the door?  Yes and Yes. Continue reading

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EEOC ORDERS AGENCY TO, “KEEP HIM AWAY FROM HER.”

This new decision caught our eye when EEOC reported that the agency told a supervisor he “was not allowed on the floor when Complainant [Jene] was present for about two months.”  When the supervisor continued to harass her, she filed discrimination charges. Once the Commission looked over the record, it imposed the very unusual order that, “The Agency shall take all necessary steps to ensure that Complainant has no contact with Supervisor 1, and provide her with a designated management official to inform if subsequent acts of alleged harassment occur by Supervisor 1 or by other individuals on his behalf.” Sounds like if Supervisor 1 sees Jene coming down the hall, he had better turn and run.  Or if the elevator doors open and Jene is on it, he had best wait for the next one.  Continue reading

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HOW YOUR UNION’S LEADER SOLD YOU OUT FOR BEANS

Any federal union activist with two IQ points to rub together has known since the Reagan era that there are two big holes in the labor law.  First, the White House can decide not to appoint a General Counsel for the FLRA.  If it does or fails to make filling it a priority, it essentially shuts down the agency.  It cannot file ULP complainants, take cases to hearing, or even issue final ULP decisions.  Although it rarely arises, it also loses the power to ask a court to issue an injunction against the White House or federal agencies if they try to irreparably harm federal employees or their unions.  For example, an injunction would be the only way to stop an illegal suspension of  dues withholding, arbitration, or official time before it killed the unions. Leaving the GC job vacant is the silver bullet that kills employee rights. Federal union leaders let that job go unfilled for years during the Biden Administration and handed Trump exactly what he needed to virtually abolish federal labor relations—and they allowed this in return for a pathetic pittance of a payoff from Biden.  The second huge hole in the law is…   Continue reading

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MANAGEMENT’S IMPERIAL VIEW OF ITSELF

We don’t hate management; in fact, we believe that both labor and management need to be very skilled at what they do to create a satisfying, effective workplace. But it does raise the hairs on our neck every time we see managers acting as if they are divine sovereigns who are incapable of error.  A new decision involving the Dep’t. of Defense Education Activity (DoDEA) provides a classic example of one such manager who thinks too highly of herself. The decision also underscores how to take that kind of manager down.   Continue reading

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