Citing a procedural error on the part of the Treasury Department, the D.C. Circuit Court denied the Agency appeal of FLRA’s new Abrogation Standard when it addresses Agency Head Review of agreements.
In a very recent case before the DC Circuit, the court slammed the Federal Labor Relations Authority again for interpreting law other than its own. In what appears a sweeping decision that may reverse the effect of many years of FLRA Negotiability determinations, the Court found that absent specific appropriations language, an Agency would violate the legal prohibition against use of appropriated funds for employees’ personal expenses. Pay attention to this decision.
FLRA’s Quietest Member, Ernest DuBester, recently dissented in a case involving a union proposal calling for increased fortification of Social Security offices (Wait until you read the proposal and his dissent). DuBester is a majority (Democrat) member of the Federal Labor Relations Authority who appears to believe the union is always right.
These cases involve both a union and Agency appeal FLRA decisions involving its controversial reinstitution of an “abrogation” test that, in essence, nullifies the Agency Head Review of negotiated agreements provided for in the statute.
Since our article concerning secret FAA NATCA negotiations was posted various FedSmith authors and editors have gotten emails (other than the comments already posted), saying that we missed all or part of the story. We decided to share this information with our readers.
Each new year, we take a look back to determine whether those who labor in the public interest and get in trouble have gotten smarter or tell a better story or do not try to make a bad case worse by going on the record. It has not happened yet.
The President has extended the Labor Relations Council until 2013 via a recent executive order.
The author suggests than any Federal manager or labor relations practitioner in need of a good laugh should read OPM’s recent report on union official time use in the government. He asks whether an Agency should issue a report which is so obviously wrong just to meet report issuing requirements in some annual strategic plan goal.
Are there secret negotiations going on between the FAA and a union to preserve future salary increases and the “official time” given to union representatives?
The statutory right of an agency head to review an agreement before it is implemented has been eliminated by the FLRA. The case is now going to court.