Text of Interesting Cases, Links and Information
FLRA Judge Decision on Information
- In a decision dated September 24,
1999, Federal Labor Relations Authority Administrative
Law Judge Samuel A. Chaitovitz found that the Health Care
Financing Administration (HCFA) violated the rights of
our Union to be provided information when pursuing a
grievance. The case was filed by AFGE Local 1923 and
concerned a promotion action. In pursuing a grievance on
the promotion, the Local requested information about the
matter and HCFA refused to provide that information.
Overruling the HCFA excuses for failing to provide the
information requested, the ALJ determined the Local was,
in fact, entitled to that information. The interesting aspect
of the decision relates to the remedy ordered by the ALJ.
In his decision, the ALJ directed that HCFA could not
argue during any future hearing at arbitration that the
grievance was now untimely (there was a long delay
between the filing of the grievance and the decision of
the ALJ). Locals
fighting with agencies over release of information under
Section 7114 of the Statute should insist that the
time-limits for grievance processing be preserved when an
Unfair Labor Practice has to be pursued alleging the
information requested was illegally withheld. A copy of
the decision can be obtained from our District Office.
District 4 NVP Joseph P. Flynn was pursuing the case for
our union.
The case numbers are WA-CA-90046
and WA-CA-90378
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FLRA Guidance on LMR Strategic Plans
- The Federal Labor Relations
Authority has issued a document titled "Guidance on
Developing a Labor Relations Strategic Plan for use by
our Union's and management officials. The guidance is
available on the FLRA Web Site at -- www.flra.gov .
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Toll-Free Telephone Number for Calls to
Congress
- The AFL-CIO has established a
toll-free number for its members to call the U.S.
Congressional switchboard to express their opinions ( or
frustrations ) with the actions of elected members of
Congress. The telephone number is 1-877-722-7494.
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Lead
Case on Work-place Threats
- Work-place violence is a form of
misconduct that is both improper and generally, harshly
punished by agency management. However, there are
situations when no violence is involved but an employee
may be charged with making threats toward co-workers or
agency management. In a case titled George
F. Metz v. Department of Treasury, Federal Law
Enforcement Training Center, the
U.S. Court of Appeals for the Federal Circuit set out
certain criteria agencies and third-parties (such as MSPB
and Arbitrators) need to use in deciding if a threat was
actually made. Those criteria are: (1) The listener's
reactions; (2) The listener's apprehension of harm; (3)
The speaker's intent; (4) Any conditional nature of the
statements; and (5) The attendant circumstances. The case
was decided on January 2, 1986 and should be reviewed
when representing an employee charged with making threats
while at work.
For
a copy of the case decision ( in Adobe PDF format ) click
here
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Federal
Employee News Site Links
- There are a lot of news sites for information on
Federal Employee Issues. In the selector list below we'll
put those links for your perusal.
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Union
Privilege Legal Services Program and Other Member Benefits
- The Union Privilege Legal Service Program now has
a Web Site with listings of attorneys who participate in
the program. The Web Site is at www.unionprivilege.org
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Other,
Interesting Site Links Submitted by
District "Web-Surfers"
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Office
of Personnel Management "Open Season" Web
Location
www.opm.gov/insure/html/openseas.html
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SSA
and AFGE Reach Agreement on "Pilot" ADR Procedure
for EEO Complaints (Provided by Ms. Jean Southam District FPAAC)
- In an agreement signed on October 21, 1999, AFGE
Leaders and SSA Management completed bargaining over an
Alternative Dispute Resolution (ADR) process for
employees pursuing Equal Employment Opportunity
Complaints within the Agency. The ADR process agreed-to
is a "pilot" program which after review by the
parties may be extended from the SSA Headquarters to
Field operational units. For
a PDF-format copy of the Memorandum Click Here.
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FLRA
Web Site adds New Search-Engine Technology to its World Wide
Web Site
- In a News Release dated December 17, 1999 the
FLRA advised that it has added a new Search Engine to
assist users researching information on its Web Site at http://www.flra.gov
and users can search more than 2,000 documents currently
on the Site using that technology. For Locals not having
"third-party" research services the Site can be
a valuable resource with which to conduct cost-free
research.
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FLRA Web Site now
Includes Forms and Formats for Labor Relations Issues
- Adding to its already informative Web Site, the FLRA has recently
included a section containing forms and formats for use by our
activists. The Web Site address for an Information Request Format is
at http://www.flra.gov/gc/model_3.html
The Web Site address for determinations concerning appeals to arbitration
awards is at http://www.flra.gov/arb_chk.html
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FLRA Issues Favorable Decision on Union
Midterm Bargaining Demands
- In a 2 to 1 decision, the Federal Labor Relations Authority (
FLRA ) ruled on February 29, 2000 that unions in the Federal Sector are
entitled to demand midterm bargaining which agencies must honor. Based
on a March 1999 Supreme Court ruling, the FLRA was granted authority to
decide the circumstances when midterm bargaining could be required.
Midterm bargaining concerns negotiations during the time a contract exists
between our union and an employing agency. Over many years, disputes
existed when agencies took the position, often supported by some courts,
that our union had to negotiate everything at the time a contract was
bargained and unless agreed otherwise, our union could not demand the
agencies come to the table over other issues while the contract was in
effect. This decision will give our union expanded rights to
bargain. When the decision is published, we'll post it on this Web
Site. Stay tuned!!
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WEB Site Has
Lots of OWCP-Related Information
- District Staff tends to search the Web when performing research.
One very informative site recently found is FedupFeds.org
The site contains a wealth of information but has some specific help
available for Workers' Compensation issues. Check out the site.
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Navy Produces Presentation on A-76 Issues
- We recently were provided a copy of a PowerPoint-format presentation
being used by the Department of the Navy concerning contracting-out and OMB
Circular A-76. The presentation contains the views of the Navy and may
be of interest to our activists. To download, right-click your mouse HERE
and "save target as". While you can review the presentation
on-line, note that it's a big file and may take some time to load.
Note too, that your computer must support PowerPoint in order to review the
presentation you download.
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National Performance Review
Results Available
- The National Performance Review recently posted the results of its
survey of agency employees. To check out the survey, click here
http://www.npr.gov
Recent FLRA Decision Limits DOD
Ban on Lobbying by Union Officials
- In a recent decision in FLRA Case Number 56 FLRA No. 62, the Authority
ruled that a union proposal allowing official time for union officials to
lobby Congress for "desired legislation" was appropriate under
law. The agency argued a Department of Defense ban on use of
government time for lobbying purposes would not allow the Union's
proposal. The ban arose from the 1999 DOD Appropriations Act.
The FLRA drew a distinction between lobbying concerning pending
legislation, prohibited by the DOD Appropriations Act and the Union's
proposal in the case which allowed for lobbying concerning desired
legislation. For a PDF-formatted summary of the decision, click
here.
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New Office of Personnel Management Web Site Lets Employees
Compare Salaries
- As of October 13, 2000 Federal employees can compare their salaries
with those of their counterparts in other agencies. The Office of
Personnel Management's new FedScope site connects interested persons to a
wealth of information about the federal workforce. To check out the
site click below: http://www.fedscope.opm.gov
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Year 2001 FEHBP Plans Available on
Several Web Sites
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Union Web Site has a great "Just
Cause Test" Page
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FLRA Office of General Counsel issues Guidance
on "Formal Meetings".
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Social Security Administration New
Women's issues Web Site has interesting and life-related information on
benefits and other issues related to Women's issues.
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