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FLRA Has a Quorum but Still No General Counsel

By Bob Gilson

Monday, October 20, 2008

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Bob Gilson is a consultant with a specialty in working with and training Federal agencies to resolve employee problems at all levels. Both before and since retiring, Bob has negotiated on behalf of Federal clients. A retired agency labor and employee relations director, Bob has authored or co-authored a number of books dealing with Federal issues. To contact Bob about this article or about training or assistance at your agency, use this contact form.

General advice on handling personnel problems may not be applicable to specific situations. Be sure to check with your human resources advisors for guidance in your particular personnel situation.

On October 2, the Senate unanimously voted to confirm the appointment of Thomas M. Beck as Chairman of the Federal Labor Relations Authority and Carol Waller Pope as a member.  According to an FLRA News Release, Beck, a Virginia Cavalier law school grad was a Partner in Jones Day prior to his confirmation.

Ms. Pope is an insider at the Authority, having been a staff member before her original appointment by outgoing President Clinton at the end of 2000.

 

 The confirmation, this late in President Bush's term by a democrat dominated Senate, is a bit of a surprise as the hotly contested election is so soon to come and the candidates so starkly different in their labor relations stances.

 Ms. Pope has been alone at the FLRA for awhile.  Without a quorum of two of three members, the FLRA cannot issue decisions.  I guess we will all watch with interest whether, and what these members may be able to agree on.

 The nomination of B. Chad Bungard to be General Counsel, FLRA's top unfair labor practice prosecutor is still pending.  Bungard, currently General Counsel of the MSPB, if confirmed as FLRA's General Counsel would be able to break the logjam of cases that have piled up since the former GC left.  ULP complaints cannot be issued in the absence of a presidentially appointed, Senate confirmed General Counsel.

 

© 2009 Robert J. Gilson. All rights reserved. This article may not be reproduced without express written consent from Robert J. Gilson.

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Readers' Comments

  • That is simply untrue. Perhaps you would like the bias FSIP to do management's dirty work? I guess we know your political leanings....
    Posted: October 22, 2008 9:36 AM
  • Who cares non of their rulings have any impact so its an activity that should have been done away with a long time ago...
    Posted: October 21, 2008 4:15 PM
  • Your analysis is incorrect and your rage is misplaced. The administration nominated a new FLRA appointee as much as one year ago. The Senate just got around to it. So, based on your logic, perhaps it was the Democrats in the Senate who did not want the agency functioning by issuing decisions....
    Posted: October 21, 2008 8:07 AM

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