Posted on February 5, 2016 by AdminUN

IS THIS EMPLOYEE OWED $314,621.00, $95,186.00, OR $209,836.00?

We just ran across a wonderful example of how easy it is to determine the proper amount of attorney fees under current law and regulation. We are sending it along for all those readers that think the status quo is just fine. One lawyer looked at the facts of the federal employee’s case and concluded that the first figure above was the correct one, while another attorney calculated the second figure to be the proper one under legal standards. Given their disagreement, a team of lawyers reviewed the evidence and rendered a third decision that the final figure was correct. If a half-dozen attorneys who specialize in this area of the law cannot get within $100,000 or one another when assessing the same facts, it is time for LR practitioners to protect their employers—union or agency—by negotiating very specific contract articles that minimize the guess work on fees. If they can’t screw up the courage, then perhaps we should toss this to the folks on the Hill for a little of their influence. (Check out Complainant v. Jeh Johnson, DHS, TSA, EEOC Appeal No. 0720130035 (October 20, 2015))

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Posted on February 1, 2016 by AdminUN

EEO RETALIATION QUIZ

In which of the following situations will EEOC argue that the employee has been the victim of illegal retaliation under the Civil Rights laws? (1) An EEO Specialist was reprimanded for telling her manager that she thought the office did not fight national origin discrimination hard enough; (2) A manager told an employee to never again go outside the chain of command to complain about what he perceived as sexual harassment of women elsewhere in the office; and (3) An employee witness in an EEO complaint said she “Agreed” that her manager was fair to all minorities, but said she could not say, Strongly Agree,” and when her manager found out he expressed his regret that she did not support him more forcefully. For the answers, check out the post from EMPLOYMENT & LABOR INSIDER entitled, “EEOC Retaliation Guidance, Part 1: You Gotta Be “Protected”! EEOC is taking a very broad view of what constitutes retaliation.

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Posted on February 1, 2016 by AdminUN

UNIONS NEED AGENCY HELP ON ATTORNEY FEES

There are more and more signs that employee attorneys, including union attorneys, are getting greedy on attorney fees.  Not long ago we posted a story entitled, “The $796.00 Per Hour Federal Job” to share that the Dept. of Justice now considers it acceptable for attorneys with over 20 years of experience to charge that per hour, including those representing federal employees in adverse actions and grievances. We think it is time that union attorneys who are paid annual salaries from members’ dues do something to avoid handing Senator Grassley, Congressman Issa, or even the Rush Limbaughs of the world a big, multi-spiked, poison-tipped club to beat federal unions into giving up any fee entitlement via an obscure midnight rider on some bill about Inter-Galactic, Trans-Genus, Penguin Husbandry or other totally unrelated piece of legislation.  Because unions are understandably reluctant to solve a problem most do not think they have, agencies should be leading the reform effort.  After all the agencies paying outlandish hourly rate fees also will be dragged through the mud in the process which means they need to do something to protect their own flanks.  Here is how agencies could protect themselves at the bargaining table—and patch a few gaping holes in the Attorney Fee statute. Continue reading →

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Posted on January 30, 2016 by AdminUN

WE COULD NOT AGREE MORE

A whole new area of HR/ER/LR knowledge is opening up that creates the potential for union leaders to fall even farther behind the expertise curve. Once managers get up to speed with it, do not be surprised to see them swat away union bargaining proposals like one-wing flies. Unions will be at the table arguing for contract changes based on logic and a few examples of why they are needed. Managers will sit back, take it all in, smile smugly, and when the union concludes its presentation unleash a torrent of spreadsheet data and statistics washing the union demands far out to sea, over the horizon and lost forever. If your union’s negotiators and trainers are not already taking steps to understand and dive into the world of HR Analytics, toss them some overtime and tell them to catch up. A fellow blogger posted a story we could not agree with more. It’s entitled, “HR Intel – The Age of HR Analytics is Upon Us.” HR may not yet be “rocket surgery,” but it is more and more about data, numbers, correlations, etc. [See also “People Analytics- Where HR Meets Science at Google.”]

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Posted on January 25, 2016 by AdminUN

WHEN HAIR TRUMPS URINE

An agency suspended a firefighter for 30 days who tested positive for illegal drugs after being selected in a random test. Because the employee was absolutely convinced that he had not used drugs, he tried to prove that the urine sample produced a false positive and/or that his sample had become mixed up with another employee’s. Consequently, along with his written reply he provided the result of a private test he had done of his hair that showed he had not used drugs at any recent time. He also asked the agency for a portion of the urine it tested so that he could have a private DNA test run on it. The agency refused to release any of the urine citing HHS rules that prohibit DNA testing on urine samples collected for drug testing. So, that left it up to the judge and MSPB itself to decide what to do. Continue reading →

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Posted on January 25, 2016 by AdminUN

MEASURING THE QUALITY OF A UNION

We have always thought that you can measure the quality of a union by how quickly it moves a member’s grievance to and through arbitration for a final decision. After all, for every member left to deal with the uncertainty, anxiety, and/or stress of waiting for a final decision, there is a local union leader who probably assured the grieving member that his/her union would do everything it could to help. That union leader looks foolish as weeks and then months turn into more than a year awaiting a final decision. That is why we we’re a little sorry to see the Federal Circuit Court’s new decision letting a union off the hook for delaying a case. Here are the facts. Continue reading →

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Posted on January 25, 2016 by AdminUN

348,814 REASONS TO JOIN YOUR UNION

Imagine you own a rental property valued at $348,814.00, that generates about $55,000 a year in income for your family, and that it plays a big role in your retirement plans. What are the odds you would not insure the property? If you answer anything other than “Zero,” report immediately to the health unit for a fitness-for-duty exam. You probably should not be walking around the streets without a helmet and attendant. We just read a case decision about a non-supervisory Social Security Customer Service Representative who is a great example of something just like that. Continue reading →

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Posted on January 22, 2016 by AdminUN

TRANSGENDER ROADMAP: 10 STEPS THE EEOC THINKS EMPLOYERS SHOULD TAKE

The “Employment & Labor Insider” has done us all a favor with a new article spelling out what employers should be doing to accommodate the transgender worker. We thought practitioners on both sides of the table might appreciate the E&L Insider’s list because it works well as a quick checklist for assessing how well your own organization is doing and targeting things to change.

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Posted on January 21, 2016 by AdminUN

A LEGAL OVERVIEW OF RELIGIOUS DISCRIMINATION

We ran across a pretty good article explaining various parts of the religious discrimination process and thought those of you interested in the topic might want to see it.

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Posted on January 21, 2016 by AdminUN

WHAT IS A COBURN GORE 12-6/8?

We had never heard of it either, but it is proof of the value of creative local leader input for solving national union problems. The problem was in Coburn Gore, Maine, which is right near the towns of Jackman, St.Aurlelie, St. Juste, St. Pamphile, and St. Zacharie. Each is a very remote outpost of the Homeland Security (DHS) effort to keep the nation safe from unwanted visitors and goods coming across the Canadian border. Given the need to put Customs and Border Patrol Officers there around the clock seven days a week, the local leaders of the union chapter, who we know as a very talented and creative bunch, proposed a Compressed Work Schedule that might be useful a lot of places in their own agency as well as outside. Here is how it works. Continue reading →

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