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.
FAQ: Appropriate Arrangements Under Furlough
Question “What are appropriate arrangements bargaining related to furlough?” Answer Appropriate arrangements can be a complicated matter, especially during an unprecedented sequestration furlough in which agencies are receiving very little information and in which most union leaders have no experience.…
FAQ: Should I Resign
“Last week they [federal agency] decided to fire me. Should I just resign? If I resign, what will show in my OPF?”
FAQ: Unhappy With Union Representation
“When union members feel they are not being represented properly what options do we have in removing elected positions? Recall? Special election? Signature collection? Bid of no confidence?”
FAQ: What is Part-Time?
hours of work employees are assigned is a condition of employment subject to negotiation; a mandatory topic of negotiations. Immigration and Naturalization Service, (FLRA 1995).
FAQ: How do I Appeal a Furlough?
Question “I heard furloughs can be appealed. Is this true?” Answer There are two predominant routes of furlough appeal. MSPB and EEO. Clearly any appeal related to furlough is an uphill battle. However, one view is that such an appeal may preserve future…
FAQ: What Are Crime Provisions?
Office of Personnel Management regulations (5 CFR 752.402(e)) permit agencies to place employees on indefinite suspension pending completion of investigation or criminal proceedings when the agency has cause to believe the employee committed a crime for which the employee could be imprisoned.
FAQ: Union Membership and Representation
Question “I am a federal employee. Do I have to pay dues to be represented by the union?” Answer No. If you are a member of the bargaining unit, the Union must represent dues paying members and non-dues paying members…
FAQ: Full Time Under FLSA
Question “Under the Fair Labor Standards Act, how many hours are considered full time?” Answer A part time employee any person employed by an agency who does not meet the Basic workweek, for full-time employees, which is a 40-hour workweek established in accordance with 5 CFR § 610.111. (see,…