Bob Gilson

Bob Gilson

Bob Gilson is a consultant with a specialty in working with and training Federal agencies to resolve employee problems at all levels. A retired agency labor and employee relations director, Bob has authored or co-authored a number of books dealing with Federal issues and also conducts training seminars.

Federal Sector Workplace is Most Violent According to Recent MSPB Report

An MSPB survey found that 13% of federal employee respondents observed a violent incident in 2010. According to the report, BLS reported a result of 5% relating violent incidents in industry, state and local government asking similar questions. If the survey sample is valid, nearly 300,000 Feds observed violent incidents at work as there are about 2.3 million Federal employees.

Did FLRA Make a Sneaky Decision?

In a recent case, FLRA appears to play fast and loose with the statute to retain its ability to decide whether or not a union proposal was an “Appropriate Arrangement”. While the Authority found four proposals non-negotiable, it did so apparently to retain control of such outcomes rather than address the Agency’s argument that the proposals were permissive. For practitioners, it’s worth a read.

Recent Court Decision Highlights Repeated FLRA Statutory Violations

Recently, the Federal Circuit Court of Appeals told the MSPB, in no uncertain terms, to stay out of the position sensitivity determination business. The Federal Labor Relations Authority has repeatedly second guessed Agencies in these matters. These FLRA decisions are not challengeable except in the Unfair Labor Practice arena. The author asks if it is time OPM and/or Agencies stepped up to the plate and took on the FLRA.

Federal Circuit Stresses Security Removal Options Over MSPB

In a landmark case (Berry v. Conyers), the Federal Circuit Court of Appeals tells Agencies that if an employee no longer is able to hold a “sensitive” position, the removal is not subject to “Adverse Action” rules or appealable to MSPB. While the principle is not new, the Court decision begs the question of why Agencies don’t use this flexibility more often.

Contact Bob Gilson