Which Agency Has the Most Expensive Disposable Eating Utensils?

By on August 10, 2015 in Agency News, Court Cases with 0 Comments
Which Agency Has the Most Expensive Disposable Eating Utensils?

An issue between an agency and a union dating back at least 6 years has resulted in the Department of Commerce possibly having the most expensive disposable cups and eating utensils in the country.

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Member Pizzella Says "Enough is Enough" to Abusive Union Reps in FLRA Dissent

By on April 7, 2015 in Court Cases with 0 Comments

This FLRA appears ideologically mandated to excuse virtually any union bad behavior. As a result of the FLRA’s failure to hold unions accountable for it, the misbehavior happens frequently

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FLRA Forcing ICE to Go to Court to Protect Computer Security Worldwide

By on July 16, 2014 in Human Resources with 0 Comments

In a case involving computer security at Immigration and Customs Enforcement (ICE), FLRA finds that the Agency’s duty to bargain over curtailing employee access to private email accounts on their work computers trumps the Agency’s statutory obligation to protect the security of information under its control. The Minority Member, in his dissent, said that unlike the majority members, he could not interpret the federal labor statute to, in essence, require an Agency to compromise its computer security to bargain over a minor working condition issue.

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The Current FLRA's Sad History before the DC Circuit

By on June 26, 2014 in Court Cases with 0 Comments

FLRA often gets its own law wrong in the opinion of the DC Circuit.

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DC Circuit Reverses FLRA Again For Exceeding Its Authority

By on June 5, 2014 in Court Cases with 0 Comments

On June 3, the D.C. Circuit again reversed the FLRA for interpreting a law other than its own. The case, involving the negotiability of union proposals limiting Agency Inspector General investigations to procedures bargained with a union, demonstrated the Court’s continuing refusal to defer to an FLRA interpretation of a law other than the one it administers. The author suggests practitioners read the complete decision but addresses the highlights in his article.

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Newest FLRA Member Seeking Moderation in Labor Relations Program

By on April 9, 2014 in Agency News with 0 Comments

The newest Member of the Federal Labor Relations Authority is Patrick Pizzella. Here are his observations regarding his time at this agency since he began his term there in November.

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2013: An Interesting Year for Federal Cases

By on January 26, 2014 in Court Cases with 0 Comments

Since the Federal Labor Relations Authority was inoperative for all but the last week or two of 2013, the most significant cases for practitioners were decided by the Merit Systems Protection Board and the Federal Courts.

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Hot News for 2014: D.C. Circuit Slams FLRA Appropriate Arrangements Decisions

By on January 5, 2014 in Court Cases with 0 Comments

In a January 3, 2014 decision, the Federal Circuit stated: “As explained in this opinion, by adopting two inconsistent interpretations of the same statutory language, the Authority has acted arbitrarily and capriciously”. This deals the FLRA, only back in operation since mid-December, a stinging rebuke on arguably its most extensive political tool, the determination as to what is or isn’t an “appropriate arrangement.”

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Senate Confirms FLRA, OPM Nominees

By on October 31, 2013 in Current Events with 0 Comments

On October 16 and 30, the Senate confirmed the nominations of the Director of the Office of Personnel Management and three members of the Federal Labor Relations Authority.

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FLRA Confirmation Hearings: Softball Questions, Vague Answers, No Substance

By on October 8, 2013 in Current Events with 0 Comments

The Senate Committee on Homeland Security & Governmental Affairs held hearings on the pending confirmations of all three FLRA nominees on September 25. The author suggests that Federal LR practitioners watch the session which is about 1 ½ hours in length to get an appreciation of how the process works and how almost no discussion of substance took place.

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