Posted on April 12, 2017 by AdminUN

PETER SUTTON’S VERY HOT POTATO

Peter, the Acting FLRA General Counsel, has a very hot potato in his lap. A case working its way through one of the regional offices stems from the fact that the FSIP ordered an agency to retroactively implement a salary scale increase in a unit where salary is negotiable. The agency has refused to execute the agreement arguing that the FSIP does not have the authority to award back pay for a variety of reasons. Given that the Panel has ordered retroactive salary increases in the past, FSIP clearly thinks it has the legal power to do so and presumably Peter is predisposed to defend that. If he does file a ULP complaint, it will take about two years for the case to work its way through to a final decision from the full Authority and another year if that is appealed to the courts. Assuming an unfair labor practice is found and sustained, the agency will likely owe a bucket full of back pay. However, if the agency’s refusal to execute is sustained, not only does any chance of back pay disappear, but the prospective salary increase the Panel ordered will be delayed for that two or three year litigation period. Employees will lose thousands of dollars they would have had but for the ULP complaint. That raises the question of what is the better course of action for the General Counsel. Continue reading →

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Posted on April 12, 2017 by AdminUN

SSA SCHEMES TO SCREW SENIORS

EEOC just found that several offices of the Social Security Administration have been scheming to exclude employees over the age of 40 from moving into jobs with higher career promotion.  EEOC not only gave eight employees between the ages of 40 and 52 retroactive promotions, but also seriously undermined the agency’s ability to pick selection criteria out of thin air in the future—as most agencies think they have the right to do. Here is how the SSA scheme worked. Continue reading →

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Posted on April 4, 2017 by AdminUN

SAY “THANKS, BUT NO THANKS” TO BACK PAY FROM FSIP OR INTEREST ARBITRATORS- Part 2

Less than a month ago we posted an article warning the parties, but particularly unions, about the potential problems with asking the Panel or interest arbitrators to make a salary increase retroactive.  An imposed retroactive pay increase appears to be highly vulnerable to being overturned on appeal.  That could mean not only that the union would lose the imposed retroactive lump sum, but also delay implementation of the prospective pay increase part of the impasse order.  Millions could be lost if the union did not deal with the situation strategically—and correctly.  Given the importance of this issue, we have dug a little deeper than the first posting. Although the FLRA has not yet squarely addressed whether the Panel or an interest arbitrator can order that a negotiated salary increase be retroactively implemented, the Comptroller General (CG) has often. Once this issue gets before the Authority it is likely CG case law precedent will at least be considered. (See NWS and NWSEO, 69 FLRA 256 (2016)) And that means the parties bargaining over salary increases should too. Continue reading →

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Posted on April 4, 2017 by AdminUN

AFGE DEFIES THE MEMBERSHIP GROWTH ODDS

The Congress has severely restrained agency funding for years, which should mean that unions are finding it harder and harder to add more members. But AFGE has not only managed to beat the odds against growing again this year, but it has now extended its streak to 15 straight years of having more members than the year before. That is unprecedented in the federal sector and a tribute to the foresight, long range planning, and risk-taking boldness of its national leadership. AFGE just posted its latest LM-2 on the DOL.gov website showing that it grew by 6,500 total members to over 325,800 members.  It not only replaced all the members who retired, left government or moved into management, but it also reached new heights of success. A lot of experienced union leaders would argue that the single most important metric for measuring the success of a union is its membership growth.  If it is high and/or is on a long-term growth path that is about a sure a sign as one can get that the union is doing what the bargaining unit employees value.  In contrast, even if a union wins almost all its cases or banks tens of millions in surplus funds, is it really successful if the unit employees don’t continue to join in higher percentage? AFGE has membership problems like any other union, e.g., some locals that are unable to sign up more than 10% of the unit employees.  But its bottom line buys it time to solve that problem as well. (We also have to give a tip of the hat to NATCA that also just reported its fifth year of membership growth reaching a record high level of employee support.)

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Posted on March 31, 2017 by AdminUN

HE JUST PUT THE “WHOOF” IN BARGAINING

You gotta love political appointees.  Some of them are just so damn much fun to watch. We opened the Washington Post recently to find that Ryan Zinke, the new “top dog” at Interior has decided to let employees bring dogs to work. It is not an insane idea.  After all, employers and businesses have been required to allow folks with certain disabilities to bring comfort dogs with them wherever they go, and lots of airlines let you fly with your dog if it can fit under the seat. But can you imagine what the cat lovers of the world are feeling right now about Zinke’s disregard for the feline class?  And don’t even get me started on the “forever friends of ferrets” fanatics.  If Fido can walk the grand halls of the Interior department, why can’t my weasel squirm its way into and out of someone’s drawers and seek the warming comfort of the office copier while I work with enhanced comfort? In any event, now that this “condition of employment” has been firmly established at Interior unions can use their mid-term right to initiate that NFFE firmly established for them and submit proposals for their own bargaining unit offices. Which pets will be allowed? Which species will get the best days of the week? Who cleans up after them? What about the employees who are allergic to the species du jour? Does a pet need a shot record to get past the metal detectors? Who is liable if someone gets bitten? Will the cafeteria stock the right chow for my ferret?  It prefers things that crawl and put up a fight, e.g., an injured mouse would be perfect.

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Posted on March 31, 2017 by AdminUN

FEDERAL COURT DENIES BACK PAY FOR 5 USC 6101 VIOLATION

Elaine Kaplan is a very well-known and respected person around the federal sector.  Aside from a long tenure as a lawyer for a major federal union, she was the U. S. Special Counsel and later the OPM General Counsel. These days she is a judge on the U.S. Court of Federal Claims and on a recent St. Patrick’s Day she issued a decision that could devastate union efforts to enforce a particular federal law. Continue reading →

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Posted on March 24, 2017 by AdminUN

CAN UNIONS SACRIFICE RETIRED GRIEVANTS?

Every so often we hear from a union officer trying to settle a grievance asking whether s/he can cut out of the deal anyone no longer in the unit, agency, or even federal government. For example, suppose an agency refused to pay 50 unit employees public transit subsidies one fiscal year despite a contract entitlement at the rate of $200 a month. If the union filed a mass grievance on October 15, 2004 that covered all 50 harmed employees and it took nine years to settle that case (October 15, 2013) after all the grievance steps, multiple arbitration hearings, FLRA exceptions, etc. it is very likely only half of the original 50 were still in the bargaining unit then. Continue reading →

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Posted on March 24, 2017 by AdminUN

EEOC PUNISHES VA’S CHRONIC DELAYS

QUESTION: What can you do when an agency simply fails to produce an EEO Report of Investigation more than 270 days after the complaint was filed? ANSWER: Celebrate. Continue reading →

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Posted on March 24, 2017 by AdminUN

THE GOOD OLD DAYS BEFORE UNIONS

If you are too young to remember them, don’t worry.  They are coming back fast. You soon will get to relive the thrill of low wages, little training, crushed limbs, 12 hour workdays and rare weekends.  If you can’t wait, zip through piece on msn.com today explaining how great it is to work in non-union auto factories in Alabama.

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Posted on March 13, 2017 by AdminUN

EMPLOYEE GETS $666.00 IN BACK PAY TO EXPRESS MILK

Unless someone has been hiding under a rock in a faraway land without electricity the last few years, they have heard that employers have to provide break time and other accommodations to female employees to express milk for nursing children.  But that doesn’t mean that the average soul knew that if the employer violated that rule the employee could be entitled to extra compensation under the FLSA to make up for that. The firm of Fisher Phillips just posted on its blog a story about how DOL went after an employer ignoring the law and got an employee cash.  While the tangible remedy for the employee is good, it is also good news for any union that grieves a nursing accommodation denial because any case that yields back pay, even a small amount, usually entitles the union reps to much larger attorney fees.  Unions should let employees know they are entitled to this benefit and that they can get something more than an apology from an agency.

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