GREAT NY TIMES ARTICLE ON THE DECLINE OF UNIONS

We liked this piece particularly because of how well it explains how vital unions are to a democracy and their impact of national elections. It makes it crystal clear why certain political groups are trying their best to crush them. Check out the Times’ “Decline of Unions….” It will take less than five minutes to read.

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WHAT IS A DISABILITY UNDER ADAAA & REHAB ACT?

The Dept. of Justice is about to issue its new regulation defining a disability. That means it is time for EEO, ER and Union leaders to take a few minutes to not just check it out, but also spread the word through their organizations if the new definition means things have to change. You can read the actual rule at the end of this blog comment from our friends over at “Disability, Leave and Health Management Blog.

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NFFE LIGHTS UP AUO-FLSA DISTINCTIONS FOR LEO PERSONNEL

What do you do if law enforcement officers in your unit are suddenly switched to AUO compensation for work that for years they had been paid FLSA overtime to do?  Our advice is that you check out two FLRA decisions NFFE litigators won that establish a fairly bright light on how unions can get their members the higher rate of compensation. In DoAg, Forest Service and NFFE, Local 5300, 68 FLRA 90 (2014) the agency tried to save some money by switching folks from FLSA to AUO for the time the officers would be patrolling a large, multi-day public event at one of the national forests.  NFFE objected and took the agency to arbitration and then FLRA to get their members justly compensated. Continue reading

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HOW UNIONS  FORFEIT MID-TERM BARGAINING RIGHTS

Although FLRA has issued close to a half-dozen decisions upholding the concept described below, unions still are making the mistake that forfeits their right to bargain over mid-term changes.  So we thought we would refresh a few recollections. In POPA, 66 FLRA 247, Management made a mid-term proposal to change one part of a performance awards program and the union responded with proposals addressing the full range of performance award program issues.  Management promptly notified the union that most of the union’s proposals were “outside the scope of its change” and therefore management was not obligated to bargain over them. When POPA refused to limit the bargaining to just management’s change, management unilaterally implemented the change and the union filed a ULP grievance challenging that. It lost and here is why. Continue reading

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HOW NOT TO DEAL WITH TROUBLESOME UNIT MEMBERS

What’s a union leader to do when a non-member (or even a member) openly criticizes the union or one of its leaders in front of other bargaining unit employees during work time? What if the employee was not just loud and disruptive, but also threatened to get the union decertified or the union leader removed from office? Can the union leader report the incident to management and ask it to discipline the employee for “totally losing control” with a co-worker? The answer is yes, but the FLRA just explained to one union vice president what they had better not do in reporting the employee. Continue reading

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WHAT DOES A USERRA VIOLATION LOOK LIKE?

Most everyone knows a law was passed in the 90’s protecting federal employees who are also armed services members or veterans from discrimination. But we suspect not many feel confident that they could recognize a potential violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). So, we thought we would pass on something taken verbatim from the Office of Special Counsel web page that highlights a few examples of actual situations where OSC used the law to protect feds. Union reps might want to forward this information to members to help them recognize how the law could work for them. Continue reading

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NWSEO CHARGES AGENCY SPIES ON ITS MEMBERS

The Washington Post just posted a story about the employees of the National Weather Service alleging that the agency has spied on them through the union’s Facebook page. Long time NWSEO union leader Dan Sobien rarely makes unfounded accusations, which means this is an interesting case to know about and watch. Click over to the article to get caught up. “Weather Service Conducts ‘Illegal Surveillance’ on Staff, Union Says.

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HANDLING INTERMITTENT, UNPREDICTABLE LEAVE REQUESTS AFTER FMLA ENDS

Our fellow bloggers at FMLA Insights just published some advice for handling those situations where a chronically sick employees runs out of FMLA leave.  It is a good piece for any union rep involved in one of these cases and nearly indispensable reading for an ER/LR Specialist who deals with FMLA issues.

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UNIONS USE TECHNOLOGY TO GROW MEMBERSHIP      

Unions are getting smarter about recruiting new members and like every other institution in this country that means using more technology for everything—including membership growth. Here is a good summary piece on a larger study published by Bloomberg’s Daily Labor Report that outlines just how they are doing it. We recommend you check it out.

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LOLLAPALOOZA OF ATTORNEY FEE CASE

See if you can guess in advance of what happened when an attorney agreed to the following conditions for his fee for representing a federal employee: (1) he promised her that his work on the petition for review would cost her nothing; (2) if his efforts on the appellant’s behalf were successful, he would apply for an award of attorney fees; (3) he would give the appellant any fees he was awarded up to the amount she already had paid to the other attorneys; (4) the same understanding applied to any services Mr. Burka might provide in connection with any addendum proceeding after the Board ruled on the petition for review; and (5) if any funds for Mr. Burka’s services were left over, they would be donated to charity after consultation with the appellant. (See Rumsey v. DOJ, 2016 MSPB 28 (2016) for a very complex cases that sets a few new rules for determining fees that FLRA and arbitrators might soon be using.)

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