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The FLRA has labor relations experts. The NLRB also hasLR experts and has been around much longer deciding cases similar to those decided by the FLRA. The FLRA recently had the opportunity to tell the NLRB it was not taking the correct approach in making a unit determination for its own employees.
An employee of the Social Security Administration, described in a court’s opinion as “an energetic federal employee who has previously received awards for other suggestions that were adopted by the SSA…”, has gone to court to get more money. He received awards of $1300 and $24,350 and the agency recommended a 3rd award of more than $32,000 which was rejected by OPM. The court did not mind second-guessing OPM and SSA on their handling of the suggestion process but declined to make its own determination on award amounts.
As federal labor relations staffs dwindle, more managers are being called upon to negotiate a labor agreement for an agency. Here are a few suggestions from an experienced federal negotiator you should think about before accepting such an assignment.
A VA employee who was placed on a performance improvement plan and given a notice of proposed removal for unacceptable performance was offered a transfer. The employee went to the MSPB and then to court arguing that the transfer was involuntary.
Violence in the workplace can happen anywhere. Despite the myths that often accompany violent behavior, agencies can take action that can prevent violence.
The Court of Appeals for the Federal Circuit has issued a precedential decision that overturns an MSPB ruling. The court found that an indefinite suspension issued as a result of criminal charges and the failure to restore a federal employee to duty following an acquittal were two different matters for appeal. The case was remanded back to the MSPB.
An Air Force employee who was transferred and then did not receive an upgrade because of poor performance decided to retire before his performance improvement plan was up. After he retired, he argued his retirement was involuntary and his case eventually went into federal court.
A manager in the VA completed his probationary period but also put him on a performance plan (PIP) because of performance deficiency. The PIP was extended a couple more times but he was ultimately fired for poor performance. The case ultimately went to court for review but the former VA employee stays fired.
How many appeals from a federal employee are too many? When a decision starts out with the sentence such as “This is yet another chapter in the protracted saga of the [petitioner’s] unsuccessful attempt to require the United States Postal Service…to rehire him…” the limit may have been exceeded.
Are dress codes an anachronism in federal agencies? Should employees be able to wear plastic flip-flops and tank tops when they come to work? Should agencies care about their public image? Here are several observations from a former federal human resources professional on the subject.
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