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FLRA Holds Focus Groups on Arbitration: Takes Fedsmith's Advice on Holding Regional Focus Sessions

Regional Meetings

Disinterested Observer
Retired
Wed Mar 3, 2010 9:04 AM

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Bob, you old dog, it just proves that the Pen Is Mightier Than The Sword. Just like, like former Prez Nixon who secretly read the articles about him, I am sure Ms. Pope stays up at night worrying about she will next read in your columns. Keep up the good work.

Re: Regional Meetings

Author
Fedsmith
Wed Mar 3, 2010 1:12 PM
I'll admit to old.

Not a Bore at all!

LER Manager
VA
Wed Mar 3, 2010 9:09 AM

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Good Article Bob. There may be hope yet....well then again...

FRLA Arbitration Regulations

HR Consultant
Various Federal Agencies
Wed Mar 3, 2010 10:05 AM

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First, arbitration procedures should be determined by the parties. FLRA could assist by publishing a guide for arbitrators and the parties. Training would also be helpful but I would think that it would have to be on-line since I don't expect many arbitrator's would take the time to attend classroom training particularly if travel where involved. As for the FLRA workload, unless things have changed, historically it has been the unions that have flooded in and which are almost never result in an award being overturned. The FLRA needs to let the parties know the difficulty in overturning awards. Perhaps it can raise this issue to the new partnership council.

Fear of self-determination?

Robbie Kunreuther
Fellow FedSmith contributor
Wed Mar 3, 2010 1:06 PM

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"Watch out for ADR"?? Where is that coming from? Do you mean that a facilitated or mediated conversation between union and management regarding a grievance is a bad idea and relying on a rent-a-judge (arbitrator) is a good one? The adversarial system is necessary in Federal labor law and society in general, but remember, unlike Labor Relations Specialists and elected union officers, attorneys know that 90% or more of cases headed for litigation get settled before trial. ADR is a useful tool that allows the parties to explore compromise, or better (read "Getting To Yes"), before entering the arena as gladiators and the win/lose outcome that's likely to exacerbate bad relationships.

Re: Fear of self-determination?

Author
Fedsmith
Wed Mar 3, 2010 3:39 PM
Calm down Robby. What I don't think is needed is the FLRA, which will ultimately decide the exception, messing around with the parties after one or the other has filed it. Lots of room for mischief there. If FLRA wants to ease its burden which appears one goal of this process, let them issue summary, low text dismissals when warranted and take its chance in the courts. If they want to train or provide a guide on meeting the technical requirements for an exceptions, go for it. But please spare us all ADR for the sake of ADR which has become the hip trend for conflict avoiders on both sides of the table.

Re: Fear of self-determination?

Personnel Officer
DOD
Wed Mar 3, 2010 3:57 PM
Yes, Robbie, watch out for ADR. The kind of ham-handed, top-down, politically-correct ADR programs that are practiced by our brethren in the EEO community and are likely to be exported into LR because they "work so well."

Re: Fear of self-determination?

Atty
Executive Agency
Thu Mar 4, 2010 11:38 AM
I was at the meeting. The concern is not ADR, the concern is ADR after the parties have already had an Arbitration hearing and one side has already filed exceptions. Participants made clear that the FLRA could never mandate pre-arbitration ADR because they have no statutory authority to do so. But the question was, what good would ADR do after the parties have already gone through the grievance process, paid an arbitrator for a decision, and filed exceptions with the FLRA? The parties are so entrnched at that point that all they want is a timely decsion. That is why there was much skepticism towards the use of ADR in the FLRA process.

I'm sure it was your article

Retired
DHS
Thu Mar 4, 2010 10:41 AM

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My guess is that it was the feedback of those attending the other sessions which made the FLRA decide to hold addtional meetings. I highly doubt that the FLRA values your opinion of YOU as much as you do.

Re: I'm sure it was your article

Author
Fedsmith
Thu Mar 4, 2010 3:49 PM
Go back and read the last paragraph. And join those who read the headline and then make comments. Sometime, you should read an entire article and make an informed comment.

Re: I'm sure it was your article

Fly on the wall
Outside the Beltway
Fri Mar 5, 2010 9:39 AM
Sometime [sic] you should attend the meeting yourself or identify your source.
Total Comments: 11
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