HOW TO REACH TERM AGREEMENT QUICKLY

The single most pernicious, if not malignant, aspect of the American collective bargaining process is the ability of one party to drag out bargaining to drive up the other party’s costs and pain. Why? Because money and pain are the primary tools of bargaining power—and power is controls when one side does not have the facts, reason, or fairness its your side. If a union can drag out agency-initiated midterm bargaining for years over a proposed automation of certain work tasks or the reduction of certain stipends it can cost an agency millions—not to mention an enormous loss of executive-level influence. If an agency can drag out a union-proposed modification of the term agreement, it can delay for years enhancements to the performance awards, telework, and AWS programs, thereby undermining the perceived political clout of the elected union leaders. Consequently, it is vital that the potential victim of a delay strategy stay focused on the very tangible tactics that defeat it. This post addresses what a union can do step up the pace of term bargaining while a subsequent one will address tactics the employer can employ to move midterm bargaining along. Continue reading

Posted in Bargaining, Bargaining Tactics | Tagged | Leave a comment

AFGE FIGHTS AND WINS ANOTHER CIVIL RIGHTS BATTLE

Some unions had periods in their history when they were downright hostile to civil rights struggles, some unions even today handle civil rights cases but not as part of a core strategy or value, and some unions seem to have gone all in on behalf of those involved in civil rights structure making their union’s fight as much about civil rights as it is labor relations. AFGE is squarely in that last group, often doing things no other federal sector union does. We bring this up because FLRA just upheld an arbitration win AFGE got for a corrections officer denied a reasonable accommodation. Continue reading

Posted in EEO/Discrimination | Tagged | Leave a comment

WHO IS KIM MOSELEY?

The very short answer is she is the new H. Joseph Schimansky who has left government to devote his last bits of knee cartilage to the Montgomery County tennis circuit before soaking up some well-deserved California sunshine. The longer answer is that Ms. Moseley is the new Executive Director of the FSIP. She began working in our federal sector LR arena as a Negotiator in the NTEU Department of Negotiations and has since added increasingly impressive achievements at the VA, FAA, DoAg, and DoEd. The FLRA posted a very thorough bio of her last week. We know and admire her as a non-nonsense LR leader with great listening skills, a talented trainer, and a creative problem-solver.

Posted in FSIP | Tagged , | Leave a comment

AFGE SLAPS DOWN CARELESS ARBITRATOR

AFGE just got a MSPB decision loaded with lessons for parties on both sides of the table, but especially for the person sitting at the head of the table, namely, the arbitrator.  When an arbitrator upheld an employee’s removal for unacceptable performance, AFGE legal counsel  wisely realized this was one of those rare cases where MSPB was likely to overturn the arbitrator due to technical flaws in the decision. Under law, an employee can appeal an adverse or unacceptable performance action arbitration decision to MSPB if s/he meets the following criteria: Continue reading

Posted in Arbitration | Tagged | Leave a comment

OUR COMPLIMENTS TO AFGE COUNCIL 222

We are always on the lookout for well-done union web sites, by which we mean (1) easy to navigate, (2) loaded with useful information, and (3) timely. AFGE’s council representing HUD employees across the country deserves recognition for its web page updating everyone on the status of all its midterm bargaining activity.  It makes it easy to find an issue, it provides the user with access to all the key documents related to that bargaining, and at times it even contains a short comment on the core disputed issue.  This is worlds better than even most national union web sites, e.g., it provides users direct access to all counterproposals,  it relieves the user from having to search through all the national union’s communications to find the last word on the midterm bargaining issue, and the page is not so stuffed with words as to be a turn off.  Bravo 222!

Posted in Union Administration | Tagged | 1 Comment

DISABLED EMPLOYEE BEATS IRS

What is a disabled federal employee to do when her agency does not quickly react to her request for reasonable accommodations to help her deal with a disability which her psychiatrist documented as follows: “Complainant had ADD and depression; that she ‘struggles with attention and concentration, poor memory, disorganization, anxiety, depressed mood, [and] impulsivity’?” One IRS employee took her case to the EEOC and came away with several substantial accommodations as well as  in all likelihood money to compensate her for the stress IRS put her through.   Continue reading

Posted in Disability | Tagged | Leave a comment

AFGE GETS MEMBERS MORE TIME OFF

Long ago the Social Security Administration scheduled employees’ lunch periods for them and some people did not get 30 minute unpaid lunch until seven hours into their shift. Their union, AFGE, came up with an ingenious way to soften the blow for those folks. It negotiated a deal with management to let people go home 90 minutes before the end of their shift while charging them only for 60 minutes of leave. (The hour of leave was added to the 30 minute lunch to let them go 90 minutes early.) That worked fine for years until recently when SSA management said it wanted to terminate the arrangement because employees were now free to take their lunch period whenever they wished. The union fought back hard against the change, but the bargaining dispute went to the FSIP for a decision. Continue reading

Posted in Bargaining | Tagged | Leave a comment

TEN REASONS TO BE A UNION REPRESENTATIVE

There are lots of good reasons to be a union rep, whether you get involved in grievances, negotiations, arbitrations, employee meetings, or information gathering & analysis.  Here are ten that we hope lead you to think about getting involved. Continue reading

Posted in Union Administration | Tagged | Leave a comment

DO YOUR MEMBERS A “LEAVE” FAVOR

Decades ago the federal employee leave rules were simple. If you want a vacation take annual. If you are ill, take sick leave. If you are out of annual or sick, ask for LWOP. And if you do not want to come in on time, the agency will gift you with some AWOL. But thanks to a more sensitive culture and a few flexibilities, there are now leave rules for adopting a child, caring for an injured veteran, caring for a newborn, mourning a family member, and tending to your mom’s broken hip–not to mention leave transfers, banks, and set-aside accounts. Most federal employees move through their careers with only a superficial understanding of all the rules, but wouldn’t it be great if there was some thing or place that would help them easily understand all the leave options they have. Well, there is. Continue reading

Posted in Leave | Tagged | Leave a comment

A QUIZ: WHEN UNIONS’ RIGHTS COLLIDE

Who is right and who is wrong in this situation where the bargaining rights of two unions collided in the parking lot?  IFPTE/NAIL reached a deal with the Navy Shipyard in Newport News over revised agency instructions reassigning parking priorities. The agreement was signed, approved by the agency head, and became effective.  However, as soon as the agency began reassigning parking spaces it realized that the agreement would result in fewer parking spaces for another union.  That union, AFGE, represented employees in a different Navy component that shared a parking lot with the employees working in the component represented by the two unions unaffiliated with AFGE.  So, what happens next? Does the agreement reached by the two unions trump AFGE’s rights to bargain over any change before implementation?  Did AFGE lose any right to bargain over the change because it was made pursuant to an agreement negotiated with another union?  Did AFGE’s rights void the other union’s agreement?

Continue reading

Posted in Bargaining Law | Tagged | 1 Comment