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10 Things Every Manager and Supervisor Must Know if the Organization's Employees are Represented by a Union: Part Two

Unions - your answers

Federal Employee
DoT
Mon Apr 7, 2008 8:18 AM

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I would tend to disagree with several of your answers regarding "Ten things".....

One example of a differing opinion would be this-

"7. What about performance standards is bargainable?

Finally, an unequivocal answer. At least in the Federal sector, nothing about the determination of a performance standard is bargainable. In fact, a Federal agency can even unilaterally set the number of rating levels that will be used in an evaluation."

While it is true that one recent FLRA ruling said the number of rating levels is not bargainingable, there are many things about performance standards that ARE within the duty to bargaing. See http://www.opm.gov/lmr/flra/PERFEV1.asp for many things the FLRA have determined are and are not within the duty to bargain.

And http://www.opm.gov/lmr/flra/PERFST1.asp lists addtional items regarding elements and standards of performance, many within the duty to bargain.

There are not always lot of easy, clear cut answers.

Correction

IT specialist
Treasury
Mon Apr 7, 2008 9:06 AM

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Mr. Gilson
We have a negotiated contract the mandates employee input on any changes to performance elements and standards. Your "unequivocal answer," is not correct.
The Presidents Management Agenda has turned a valid PAS into an abortion, in my organization! Regulations require that any PAS system be Objective, Measurable, and Attainable. Our system is none of the above! But we have a green light on the PMA! Just like A-76, this agenda is a total fiasco!

Rewriting the law?

IT Drone
DoD
Mon Apr 7, 2008 11:17 PM

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It seems to me that Mr. Gilson is trying to rewrite labor laws and contracts to make management happy. Sorry, but that won't work here. You said, among all the insults aimed at unions, "labor agreements set the amount of official time an employee-representative may use to deal with grievances and other representational business".

The contract with my agency does NOT set the amount of official time I may use for grievances. In fact, the only place I see official time quantified in contracts is for training and for agency-level officials of the union. Representational official time can be much more than you would have managment believe.

In addition, your comment about having the union present at meetings is off the mark. ANYTIME working conditions covered in the contract are discussed, you MUST invite the union to sit in. Otherwise, it is an "illegal" meeting.

Sheesh! Where does Mr. Smith find these people?

Re: Rewriting the law?

HR specialist
DOI
Tue Apr 8, 2008 7:21 AM
The fact that your contract doesn't address official time simply shows bad negotiating on the part of the union, not that Mr. Gilson is wrong.

As for inviting the union to meetings, his answer is on the mark. I suggest you re-read it.

Re: Rewriting the law?

Consultant
Agency
Tue Apr 8, 2008 10:19 AM
Ditto HR Specialists comments.

--------

With all the energy expended in your agency on finding fault with management, do the computers work?

Re: Rewriting the law?

IT Specialist
DOD
Thu Apr 10, 2008 3:30 PM
If his computers are anything like the ones I support, they work fine if we can keep the users from screwing them up. :-))

Managers/CIO/HR Sneak around the rules, part 1

IT Specialist
USPTO
Tue Apr 8, 2008 6:04 AM

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The problem at USPTO is the non-lawyer union is dysfunctional and NOT lawyers themselves (there is also a union for lawyers that is somewhat better). All the union clerk rep said during the hours-long, painful, "investigation" that was sprung on me without any notice over the holiday season (when independent lawyers were NOT available even for hire - management knew what they were doing, timing wise!) was, "Was there any damage?" from my supposed unauthorized access, as an Trademark IT Specialist, to a CIO server (the CIO is a separate division, but networked computers are not firewalled or identified as to "where" they are - they all just contain agency info that we all need, and, hey, an intranet is like the Internet in that ALL computers are immediately accessible right from your own computer screen without identifying where there are on the planet!). Although the HR Investigator (also an independent division) said, "No," that I did not do any damage, I was fired anyway.

Managers/CIO/HR Sneak around the rules, part 2:

IT Specialist
USPTO
Tue Apr 8, 2008 6:28 AM

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Afterward, we discovered so many other things wrong on their part (CIO, HR, and even Trademark management), but it was too late, I was fired 4 hours before my 1-year probation was up, and what can I do now? The relationship was NOT equivalent between employer and employee, regardless of the union. I appreciate my story might embolden management, but I hope it's a cautionary forewarning to employees - join the union, yes, but hire your own Lawyer on retainer FIRST so they're on call on your demand. HR department knows how to sneak "investigations" under the radar at the last minute so you cannot bring your rights to bear on the situation. Employees are at a double disadvantage - powerless against a malicious adversary!

Performance Standards Bargaining

Obser
Oaklandon
Tue Apr 8, 2008 10:06 AM

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Ah yes, Mr. Gilson has quite a knack at bringing the perpetually outraged out of the closet on some of his postings.>br>
He may have soothed the savage breast by acknowledging that the union has the right to bargain over union proposals regarding procedures that management will use in establishing the performance standards as well as appropriate arrangements for employees who are adversely affected by their establishment provided that those "arrangements" do not excessively interfere with the management right to unilaterally establish the standard(s). Of course, most of this I&I bargaining takes place and is covered in the collective bargaining agreements so management does not need to bargain each and every time it establishes or changes a standard.


Bruce Berry

Re: Performance Standards Bargaining

Author
FedSmith
Tue Apr 8, 2008 1:47 PM
Bruce,
"The perpetually outraged"? This may beat an earlier euphemism I heard, "the arrogantly ignorant". A good friend also uses "misanthropic miscreants". There may be a contest in this.
Total Comments: 10
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