Duty of Fair Representation and Federal Employees

Typical Duty of Fair Representation Inquiry Typical inquiries concerning the issue or concept of Duty of Fair Representation involves claims that the local union is incompetent, not active, or at the worst, corrupt. Such claims are actually not unusual.  Many…

Leave Without Pay (LWOP) and OWCP Claims

Leave Without Pay (LWOP) in connection with Office of Worker’s Compensation Claims (DOL OWCP) is a source of confusion for federal employees, as well as agencies.  In our experience, this is largely due to a number of misperceptions of affected employees…

Proving Delivery

In Morgan v. Department of Veterans Affairs, 108 LRP 7740  , EEOC No. 0120080380 (EEOC OFO 2008), a tracking slip showing a notice of right to file was left at a complainant’s doorstep.  However, it was not conclusive evidence the complainant actually received the notice on that day. 

Performance Awards & Negotiable Aspects

In general, awards in the federal service are not considered an entitlement.  That statement is the prevailing guiding principle.  However, in 1997 the Office of Personnel Management (OPM) issued significant rules deregulating performance management systems and related awards.

MSPB or Arbitration in Federal Sector?

Many practitioners, both union and agency, will cite MSPB management (agency) favorability statistics indicating MSPB favors the agency in outcomes. This is true, but somewhat skewed because most labor organizations will 1) send “bad cases” (those lacking merit) to the MSPB because there are no associated costs unlike arbitration and/or 2) send cases to MSPB because they lack funds to pay for arbitration.