Tag: arbitration

Can a Union Negotiate Performance Awards?

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.

Dealing With… Proposed Changes to Working Conditions

Note, this is our second article in a series of articles titled “Dealing With….”.  This special series is designed to provide simple practical advice of immediate usefulness to federal employees (and even local and state employee to a certain degree) dealing with…

Last Chance Agreements

Last chance agreements (LCA’s) and settlements contain terms agreed to by an employee, or former employee, and the agency, in which the employee is provided an opportunity to retain (or return to) employment, usually when the agency would otherwise remove, or did in fact…

Time is Critical

Recently, our consultants were contacted by clients notified by their respective agencies that the agency was proposing removal from employment.  In all cases, the affected employees (clients) waited to contact a consultant until well after they received the notice of proposed…

Opportunity for Discovery

Since the primary purpose of this site is to provide immediately usable advice to federal employees, this article will not present a treatise on discovery theories, methods, or strategies in MSPB or EEO proceedings (consult your Master Agreement for discovery…

FAQ: Timeliness in Discipline

Question “Can a disciplinary action be challenged for timeliness if the employee has been on administrative duty for two years awaiting the completion of a misconduct investigation and presentation of the actual charges.” Answer We will give you one of our more…

FAQ: MSPB or Arbitration?

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.