Posted on February 27, 2016 by AdminUN

SELL-OUT UNIONISM

Assume for a minute that something like this message popped up in our mail last weekend: “My union won a huge arbitration case for a group of us whose career ladder promotions have been habitually delayed. I was supposed to get a back pay check for $40,000.00, but I just got notice that the union was settling on $.50 cents on the dollar. I am *^#@& angry that it gave away $20,000 of my money and probably another $60.00 a month in my retirement check.  What can I do about it?” Obviously, the employee thinks his union sold her out, but what is the answer to her question? Continue reading →

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Posted on February 22, 2016 by AdminUN

HOW SPECIFIC MUST GROUP GRIEVANCES BE?

Is the following a legitimate grievance: “Local X007 alleges on behalf of impacted employees that the agency violated the compensation rights of employees at various offices over the last six years and asks that those employees not only receive back pay with interest but that the agency also pay any attorney fee entitlements and change its compensation system to avoid similar errors in the future. Joey Baloney will represent the union and can be reached at JBaloney@erolz.com.” Continue reading →

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Posted on February 22, 2016 by AdminUN

HOW TO CHANGE UNION AFFILIATION

On March 28, 1988, NAGE Local R14-146 was certified as the exclusive representative of a unit of health care employees at the U.S. Public Health Service, Indian Health Service Hospital, Shiprock, New Mexico, including employees who work at the Teecnospos Clinic in Arizona. There are approximately 332 members in the unit.  On May 21, 1997, a notice to all Local R14-146 members was posted throughout the Northern Navajo Medical Health Center (Health Center) advising them of a special meeting. The notice stated that the purpose of the special meeting was to discuss and vote on changing the Local’s affiliation. Thereafter, the special meeting was held and the members who were in attendance voted unanimously (23-0) to change the unit’s affiliation from Local R14-146 to LIUNA. A petition to effect the change in certification from Local R14-146 to LIUNA was filed by its Chief Steward. Can the votes of just 23 people move a local from one union to another? Continue reading →

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Posted on February 22, 2016 by AdminUN

WOW! AFGE’S GUIDE TO FIGHTING DISCRIMINATION 

AFGE has published online a 170-page roadmap to the EEO complaint process for employees and union reps that underscores two things about the union. First is its obviously deep commitment to civil rights issues.  This is not something that was pulled together overnight by one person. It reflects a great deal of experience and insight about how to fight discrimination.  Second is its policy of empowering reps and employees by putting the information out there for them to tap into anytime they wish.  The union could have sent out word that when members and reps have questions they can track down a staff person to get the answer. That is a great way to keep local folks dependent on the union staff, whether at the national, district or council level. It also helps keep the electorate more manageable. But, instead, it did what it so often does not just for its own members, but everyone in government by posting it online. Thanks, AFGE. Attached is a copy of the Table of Contents for the Guide to give you a quick sense of how valuable this is.  We recommend that union reps post the link to their Favorites tab. Continue reading →

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Posted on February 15, 2016 by AdminUN

OFFICIAL TIME, TRAVEL REIMBURSEMENT AND UNION INVESTMENTS

Even a quick review of the latest LM-2 and IRS 990 reports filed by unions reveals that some federal sector unions have a lot of money in the bank at not just the national level, but also at the council and local level. We are talking millions and tens of millions. We applaud the political and investment skills it must have taken to generate these assets from dues and other sources. But, unions should not be blind to the fact that fat investments accounts year-after-year are only begging for agencies to use those unspent nest eggs against unions when they propose agencies pay the expense of their official time, travel and per diem costs. Continue reading →

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Posted on February 8, 2016 by AdminUN

I DON’T GET NO ADVANCE SICK LEAVE RESPECT

An employee asked for 88 hours of advance sick leave due to incapacitation and doctor appointments.  When the agency denied the request, she was given no reason for the decision.  When her representative looked into the matter he found that the employee’s supervisor had forwarded the request to the Assistant Special-Agent-in-Charge (ASAC) and received a hand-written note back denying the request—without any explanation.  When the employee’s rep dug deeper, he found that the ASAC said he merely relied on advice from LR who told him not to approve the request.  LR also made its decision without any recording any basis for it. When the agency tried to explain its actions, it stated that the denial was “due to issues concerning leave;” however, no one could find any record that the employee had been counseled about her leave usage or otherwise penalized. The agency obviously just expected the employee to talk her medicine and not ask any questions. But it got that wrong, too. Continue reading →

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Posted on February 8, 2016 by AdminUN

MEDICAL PRIVACY QUIZ

An employee informs her manager that she will need some sick leave because of pending knee replacement surgery.  Her supervisor passes on that information on to her supervisors so that they are aware of a potential need to reassign the absent employee’s work.  Has the Americans With Disabilities Act or Rehabilitation Act been violated? Continue reading →

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Posted on February 8, 2016 by AdminUN

HOW TO WASTE, ABUSE AND MAYBE EVEN DEFRAUD UNION FUNDS

We are not talking about what everyone would consider outright theft, e.g., reimbursing a dummy company for fictional services and shipping the money to the Caymans. We are not even thinking about excesses that seem sleazy, e.g., the union president buying a Bentley rather than Ford Fusion as his union car or renting office space overlooking the ocean in the Florida Keys as the union’s “winter headquarters.”  Our focus here is on the type of things that a union president can get away with when the local leaders have a Madoff mindset? What is it?   Continue reading →

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Posted on February 5, 2016 by AdminUN

CAN AGENCIES BAN RECORDING DEVICES IN THE WORKPLACE?

For generations employers had the unquestioned right to prohibit employees from using or even bringing recording devices into the job site—although employers could use them if they wished on or against employees. It was an easy rule to enforce because most recording equipment was so large and bulky it was easy to spot. But with the arrival of smart phones millions of folks have audio-video recording equipment that is almost undetectable short of a full body pat-down. Now, in addition to the breakdown in the ability to physically enforce the rule, employers may also be losing the legal right to ban employee use of such equipment. Continue reading →

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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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