LR/ER/NSPS

Labor Relations Information

Changes in the labor relations systems under both the National Security Personnel System and MaxHR in the Department of Homeland Security have the potential for bringing about significant changes in bargaining units in the affected agencies. Additionally the split of The AFL-CIO provides new opportunities for union raids with consequent changes in union affiliations. The following is a brief description of the how bargaining units come into being in the federal sector. It is an introduction to how the federal representation system works and is not intended to be relied on by the readers as other than a brief overview. If you seek more in depth information call Joseph Swerdzewski & Associates. Continued

Forming A Union In the Federal Government Environment

The current state of labor relations in the federal sector including the significant changes in the labor relations systems under both the National Security Personnel System and Max HR in the Department of Homeland Security have the potential for bringing about significant changes in bargaining units in the affected agencies. Additionally the split of The AFL-CIO provides new opportunities for union raids with consequent changes in union affiliations. The following is a brief description of the how bargaining units come into being in the federal sector. It is an introduction to how the federal representation system works and is not intended to be relied on by the readers as other than a brief overview. If you seek more in depth information call Joseph Swerdzewski & Associates. Continued

Union Raids in the Federal Sector and the AFL-CIO

The federal sector went through a period of significant union raids in the 1990”s. A union raid takes place when one union tries to take over the bargaining unit of another union. Union raiding in the federal goverment may increase again with the split of the AFL-CIO. Unions which are part of the AFL-CIO are prohibited . . .Continued

Challenges Facing Unions In the Federal Sector - This is a recently presented PowerPoint Presentation overview of the biggest challenges facing federal unions operating in the new environment of LR systems in both the Department of Defense and the Department of Homeland Security.

Impact of Agency Reorganizations on the Status of a Bargaining Unit – The Successorship Doctrine

Recently the Washington Region of the Federal Labor Relations Authority issued a decision finding the AFGE Border Patrol Council a successor union after the Immigration and Naturalization Service left the Justice Department and became a part of the Department of Homeland Security. Continued

Negotiability of Performance Awards

Performance awards are authorized to be paid to employees by 5 U.S.C. Section 4505a. (Performance-based cash awards) This section provides that “an employee whose most recent performance rating was at the fully successful level or higher (or the equivalent thereof) may be paid a cash award under this section.” This section permits the payment of cash awards but does not require that they be paid to any employee. The Office of Personnel Management (OPM) . . . Continued

A New Negotiation Process

During the partnership era of federal sector labor relations many agencies and unions tried interest-based negotiations to negotiate their collective bargaining agreement and other mid term agreements over significant changes in working conditions. Some were successful and some had very unsuccessful experiences with this approach to negotiations. Others relied on traditional proposal counterproposal bargaining. Traditional bargaining was a successful approach to arrive at a contract but did not always solve the real problems at the activity as much as fall into a formula of assertion of right and counter right. It required an ability to understand the very complex world of federal sector negotiability... Continued

Employee Relations Information

Preserving An EEO Claim by Timely Action

NSPS Information

Implementing NSPS While LR System Enjoined

The Department of Defense (DOD) has recently indicated that it will implement the NSPS Regulations and accompanying Implementing Issuances on those areas not subject to the injunction issued by Judge Sullivan by order dated February 27, 2006. Subchapters of the NSPS regulations covering Classification (Subchapter B), Pay and Pay Administration (Subchapter C), Performance Management (Subchapter D), Staffing and Employment (Subchapter E), and Workforce Shaping (Subchapter F) and the Implementing Issuances issued by DOD concerning these subchapters were not enjoined by Judge Sullivan in his order. Absent an expansion of the injunction these subchapters and implementing issuances are free to be implemented by DOD. . . Continued

NSPS Update as of May 2006

Joe Swerdzewski recently spoke in Washington D.C. at the 33rd Annual Symposium of the Society for Federal Labor and Employee Relations Professionals. In his presentation he provided an update on the status of the labor relations portion of NSPS and an analysis of possible outcomes. Click here to view the PowerPoint presentation.

A federal employee who feels that he or she has been the subject of employment discrimination has a number of avenues, which they may pursue to seek redress for discriminatory act(s) committed against them. If you have been discriminated against based on race, color, sex, religion, national origin, disability, or retaliation you may have a claim under Title VII of the Civil Rights Act of 1964. Your goal is to... Continued