SFLERP National Election Results
SFLERP members recently exercised their right to vote and elected new Board officers and members-at-large. Howard Friedman, President of the Trademark Society, NTEU Chapter 245, was elected President (labor); Rich Giacolone, FMCS Commissioner, was elected First Vice-President (neutral); and Scott Schwartz, Senior Counsel in the Labor & Employment Litigation Division of the PBGC, was elected Second Vice-President (management). As per SFLERP by-laws, every two years, the positions of officers rotate among the member constituencies and this time the Presidency moved to labor. In addition, for Board members at large, Barbara Jackson, with AFGE Local 3615, was elected for the labor slot and Don Musacchio, formerly with USDA, for the management slot. In a rare instance, the two members running for the neutral position: Labor Arbitrator and Mediator Suzanne Butler and Karen Jalkut, Vice President for the Northeast of the American Arbitration Association, Labor and Employment Division, received the same number of votes. The Society By-Laws require that in the event of a tie, the tie be resolved by lot. Ms. Butler graciously conceded the election to Ms. Jalkut. We thank all volunteers who agreed to run and all members who voted.
DC Chapter Election Results
SFLERP members in good standing within the jurisdiction of the Washington, DC area also voted during the month of September. Members elected Arbitrator Sean Rogers as Chapter President (neutral). Upon taking office, he appointed Domenic Murgo, who had volunteered to help with the Chapter, as Vice-President (management). Domenic is a Labor & Employee Relations Specialist at the EPA in Washington, DC. Together they make a great team. We are still looking for interest from the labor community for someone to be appointed Treasurer. Interested folks may contact Sean at rogerssj@erols.com. For ideas about monthly meetings, contact Sean or Domenic at murgo.domenic@epa.gov.
Hampton Roads Chapter to Hold Elections
The SFLERP Hampton Roads Chapter will be conducting elections in November to fill four officer positions. The vacancies are for the positions of President, President-Elect, Secretary, and Treasurer. If you are a member in good standing and are willing to serve, please submit a brief bio to info@sflerp.org no later than Friday, October 7th. If you have questions about what is involved in any of the positions, please contact Barbara Haga at bhaga@fedhrservices.com. In addition, the Chapter is planning to hold a conference in early December in the Tidewater area. Dates and location will be announced in the fall. We don’t expect to be able to offer this training at no charge to members as we have done recently, but we will hold the costs down as much as possible! Watch your e-mail!
Final Results of TSA Election
The Office of the General Counsel of the Federal Labor Relations Authority issued a press release regarding the election at the Transportation Security Administration. Employees of the TSA voted on the question of union representation in a nationwide runoff election conducted by the FLRA. Because the first election, which was completed on April 20, 2011, resulted in none of the choices receiving a majority of the votes cast, a runoff election was held between the two choices receiving the highest votes -- the American Federation of Government Employees, AFL-CIO (AFGE), and the National Treasury Employees Union (NTEU).
Since May 23, 2011, Transportation Security Officers at airports throughout the country had been voting by telephone and internet. The results of the runoff election released in June by the FLRA show 8,903 votes for AFGE, and 8,447 votes for NTEU. The FLRA’s Office of General Counsel is the independent investigative and prosecutorial component of the FLRA. The OGC, through its seven regional offices, investigates, resolves, and prosecutes unfair labor practice charges, resolves representation questions, which includes the conduct of secret ballot elections.
New Book on Federal Sector Arbitration
SFLERP Member Carl Bosland’s most recent book, Labor Arbitration Practice for the Federal Sector, is now available through Dewey Publications online at http://deweypub.com/store/11LAP.html. This easy–to–understand, yet comprehensive handbook on the labor arbitration process provides advocates, both union and management, with practical guidance and best practices to effectively prepare and present their case to a neutral arbitrator. After an overview of the arbitration process, the chapters of the book are organized to follow the sequence of the arbitration process, from pre-hearing investigation through post-hearing appeals of the award. Labor Arbitration Practice for the Federal Sector also includes extensive strategies, tactics, tips, and pitfalls to avoid. Written by an experienced advocate and arbitrator, this guide will benefit both the novice and seasoned advocate. Mr. Bosland has been a speaker at many SFLERP Symposia.
Update on the National Council on Federal L-M Relations
On July 20, 2011, the Council met to review and discuss the work of the Employee Performance Management and Metrics workgroups. The Council received an update on the status on the establishment of metrics by labor-management forums and the status of (b)(1) pilot projects across Federal agencies. The next Council meetings will be held on November 16, 2011, all at 10 a.m., at the AIA Gallery Room at the American Institute of Architects, 1735 New York Avenue, NW, Washington, DC, 20006. More information is available at www.lmrcouncil.gov.
BNA Books This Quarter
BNA Books has added a new book to its lists. SFLERP Members may order books from BNA through SFLERP and take 30% off the listed price below, plus shipping and handling charges. BNA will only honor the discount when the order form is received directly from SFLERP. Send your order to us and we’ll process it for you! For an order form email us at info@sflerp.org.
2010 Cumulative Supplement to Elkouri & Elkouri: How Arbitration Works, 6th Edition. This book has been considered to be the standard text on labor arbitration. 2003, 1,828 pp. Hardcover with 2010 Supplement, Order #9853 at $295 (+S/H). Supplement alone, Order #1853, $205 (+S/H).
GPO to Publish 65th Volume of FLRA Decisions
The FLRA has prepared for publication by the Government Printing Office its 65th bound volume of decisions. Authority decisions and decisions of the Federal Service Impasses Panel are also available -- and searchable -- soon after issuance on the FLRA’s website decisions page at www.flra.gov/decisions. The FLRA is currently developing a similar page for decisions issued by its Office of Administrative Law Judges. As the FLRA’s website provides current, up-to-date access to decisions and the FLRA continues to publish decisions in bound volumes, it will no longer issue Reports of Case Decisions. The latest publication, entitled Decisions of the Federal Labor Relations Authority, Volume 65, which includes decisions issued during the period between August 1, 2010 and July 31, 2011, may be obtained by Federal agencies on a pro-rated cost basis by “riding” the FLRA Requisition Number listed below. Agency rider requisitions (Standard Form 1) should be submitted to GPO no later than September 30, 2011 http://bookstore.gpo.gov. Agencies are urged to submit requisitions to GPO because the Superintendent of Documents will not stock large quantities of the publications, and the publications will not be available for purchase from the FLRA. Other organizations and individuals may order the publications directly from the Superintendent of Documents, GPO, when they become available. GPO may be reached at 202-512-1800. In addition, some earlier volumes of Decisions of the FLRA remain available for purchase through GPO’s Bookstore at http://bookstore.gpo.gov.
New FLRA Boston Regional Director
The FLRA recently announced the appointment of Philip T. Roberts as Regional Director of the FLRA's Boston Regional Office. Mr. Roberts will be responsible for management of personnel and operations relating to the investigation, analysis, resolution, and litigation of ULPs. In addition, he will supervise the processing of representation petitions for cases arising in Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, and Vermont. A native of South Bend, IN, Mr. Roberts received his B.A. degree from Northwestern University in 1981 and his J.D. degree from the George Washington University National Law Center in 1984. He began his career in the FLRA’s Atlanta Regional Office where he worked from 1986 until 1991, when he transferred to the FLRA’s Chicago Regional Office. There, Mr. Roberts served as Regional Dispute Resolution Specialist and performed a temporary detail as the Acting Director of the FLRA’s newly formed Collaboration and Dispute Resolution Office in Washington, D.C. In 2003, Mr. Roberts became the Regional Attorney of the Boston Regional Office until his current appointment.
A Look at Merit System Principles
#2: Fair and Equitable Treatment
The second principle, concerning fair and equitable treatment, sets forth the vision that Federal personnel management be free of unfair treatment and discrimination, where decisions are made solely on legitimate merit-based considerations. Requiring decision making without regard to political affiliation echoes the intent of the Pendleton Act of 1883 which replaced the patronage system with a merit system. Requiring decision making without regard to race, color, religion, national origin, sex, marital status, age, or handicapping condition echoes the purpose behind Title VII of the Civil Rights Act of 1964 and related laws barring discrimination in employment. The final clause makes clear that employees and applicants for employment are entitled to the protections of the Bill of Rights and the Privacy Act.
As its name implies, the Merit Systems Protection Board (MSPB) protects the merit system by adjudicating appeals within its jurisdiction. The employee may engage in discovery and request a hearing. Among other things, Board review will consider whether the disciplinary action was taken based upon prohibited discrimination, retaliation, or for reasons which do not promote the efficiency of the Federal service. When an employee has proven intentional discrimination, the Board may award compensatory damages except where the discrimination was based on marital status or age. The Board may even review appeals filed by probationary employees who allege that they were terminated based on partisan political reasons or marital status discrimination. However, the MSPB’s review authority is limited to those matters Congress and the Office of Personnel Management have given it. Thus, although this merit principle seeks fair treatment “in all aspects of personnel management,” the Board may not review a claimed violation of the principle relating to a matter over which it lacks authority.
The authority of the MSPB and the Equal Employment Opportunity Commission (EEOC) overlap in “mixed cases,” those cases involving an action otherwise appealable to the MSPB (e.g., a removal) and allegations of discrimination. While the EEOC has responsibility for enforcing all Federal equal employment opportunity (EEO) laws and the duty to coordinate and lead the Federal government’s effort to eradicate workplace discrimination, the MSPB also has the responsibility to determine if the personnel actions it has authority to review were taken in accordance with law, to include the anti-discrimination laws. In certain circumstances, the employee may choose whether to file an EEO complaint or an MSPB appeal in the first instance. Regardless of that election, both agencies may ultimately review the case. If the employee files an EEO complaint first, they can appeal to the Board after receiving a Final Agency Decision on the EEO complaint, or 180 days after they filed the EEO complaint if they have not received a final decision. If the appellant files an MSPB appeal first, they may appeal the Board’s finding on the discrimination issue to the EEOC’s Office of Federal Operations.
The MSPB recently studied workforce data and Federal employee perceptions of their treatment and issued a report to the President and Congress entitled Fair and Equitable Treatment: Progress Made and Challenges Remaining. More information is available through the MSPB website at www.MSPB.gov.