Tag: Grievance

FAQ: Grievance Timeliness

I am a union steward. Recently, a member brought an issue to my attention. The issue date is far outside the 30 days our contract provides.

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. 

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.

MSPB: No Absolute Right to Counsel

Recently, a Federal employee argued the Merit Systems Protection Board (MSPB) “abused its discretion” by failing to appoint (and pay for) an attorney to represent her.

Constructive Suspensions

An employee’s voluntary absence from duty is never appealable.  In all instances of forced leave status (“enforced leave”) resulting in either 1) loss of pay for 14 days or less or 2) “loss” of leave of 14 days or less OR the placement of the employee into a status that….

When to Contact a Consultant

“When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?”  Also, “Will my union pay associated fees or help me in any other way?”

What Your Union Doesn’t Know Can Hurt You

The representation of federal employees in discipline and adverse actions is complicated.  In our experience, most local labor unions are not technically prepared to provide such representation to safeguard an employee’s career and future financial security.

Responding to Proposed Actions

During the course of your federal career, you may find yourself the subject of a proposed agency action.  Frankly, the longer your career and more complex your job functions, the greater this likelihood.

Last Chance Agreements

Last chance agreements (LCA’s) and settlements contain terms agreed to by an (federal) 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 already remove, the employee from federal employment.