Employment lawyer for non-bargaining GS-15 fed-ned recs

[Anonymous]

The law protects union representatives and employees when engaged in legitimate labor relations activity. Many of those on the management side of the table have found themselves subjected to abusive diatribes, foul language, or downright threatening conduct and, if they object, are often told by FLRA field agents or attorneys to suck it up as protected union activity based on the policies of the Authority. The FLRA’s standard requires “flagrant misconduct” or remarks or conduct of such “an outrageous and insubordinate nature” to remove behavior or remarks from protection.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Wow. I don't need to be lectured by people on an anonymous forum who don't understand what has happened to me. You think it is fair and just for the union to engage in defamatory, unprofessional language for a supervisor trying to do their job? Last I checked, the union was supposed to work with management to resolve issues at the lowest level possible. I'm meeting with HR today. They are helping me, but I want to know what my rights are from an outside perspective, if any.

Then get off DCUM.

Actually, I do understand what's happening to you. I'm a federal employment lawyer. There's nothing defamatory or unprofessional in what the UNion is doing and saying.

Oh please. It is absolutely unprofessional to call someone names at work. What she is being called may not be illegal but it is unprofessional. No way you're an employment law attorney.

Please google "robust discourse."

Which definition states that it is not unprofessional?

[Anonymous]

NP here. I am cheering for you, OP. I can't weigh in on your specific questions but wanted to say THANK YOU for actually trying to tackle these issues with staff. I have worked for the Federal government for about 10 years now and I am still amazed at the sense of entitlement, disrespect, and lack of work ethic by some employees. I wish more supervisors addressed such issues. It appears to be very draining on the supervisor, but please know that it means a lot to the rest of us hard-working and competent staff.

[Anonymous]

Why are you trying to hire a private attorney and not using your agency's labor and employment counsel to handle this issue?

[Anonymous]

1) document all of this. Print off these emails and take them home.
2) ignore it. pretend like you are in a play and being paid $75 an hour to sit at your desk and read these things. it's not personal, it's not about you. They don't even know you.
3) keep documenting the behavior problems. Eventually these people will move on, or be gone.
4) your Agency's labor and employee relations office is there to support you and the Agency. Find someone there who is good who can support you and make sure you don't do anything to jeopardize yourself. They should be guiding your PAP/PIP process and any documentation of conduct issues.
5) get professional liability insurance. Just $400 a year or so, and your Agency might compensate you for some/all of it.

GL!

[Anonymous]

Thanks. I am working with LER. I just wanted to see what my rights were under the law. I have documented everything. I have the professional liability insurance.

[Anonymous]

I am a federal employment lawyer and I have worked both in the private sector representing employees and in-house for an agency.

While I do not disagree with what most people have said about robust discourse, HWE, and "being tough." I do see value in the OP sharing her story with an attorney. Sometimes people are not easily able to identify the problem, and talking it through with someone who understands the law may result in that attorney seeing a cause of action, a potential liability/danger, or even be able to recommend a strategy for how to navigate the situation that doesn't involve filing any claim or engaging in any litigation. Maybe she just needs someone to explain the labor management laws to her (and her LER staff is not doing so effectively.)

OP, try:

www.shawbransford.com
www.passmanandkaplan.com

Good luck.

[Anonymous]

Anonymous wrote:Rather than file a grievance or work at the lowest level to resolve the situation, they are escalating minor matters to the head of my agency. For example, they are sending emails about an email I sent a team member reminding them of leave procedures. The person was absent without leave for a period of three days. They are sending very defamatory and unprofessional statements that are untrue. They stated I took away without cause telework and AWS. Telework was suspended for several people with advance notice in response to a violation of their telework agreement and inability to work independently without supervision. The union referred to me as a "rat" "roach" "pond scum" said I was "crazy and out of control". Simple disciplinary actions are being sent to the head of my agency. The information they are providing is untrue and without cause.

You'll lose. Same thing happened at my agency only the employee didn't show up for 3 weeks after all the leave, including LWOP was exhausted. We had to pick up the work and finish the project. You can't disciple fed workers after 3 years. It's out of control and demoralizing for all if us who do the work and some.

[Anonymous]

It is unprofessional, but almost certainly not illegal. What is happening is pretty clear. You have shown that you are actually willing to hold people accountable and take concert discipline, up to and including removal, against poor performing employees. Th union is trying to make your life difficult enough that you just give up and allow these employees to coast by with gentlemen "3" ratings. Unfortunately it often works as supervisors decide it just isn't worth it. If you do a good job of documenting things, eventually you will prevail and Feds can and do get fired. But, it is a laborious process, even at the best of times, and if the union can make it even more difficult, they hope you will just relent.

I guess no harm in taking to your own lawyer, but there is likely very little you can do and you almost certainly have no private right of action against the employees or the union, and trying to do anything would play into their hands.

Good luck and thanks for putting up the good fight to hold people accountable.

[Anonymous]

Anonymous wrote:Why are you trying to hire a private attorney and not using your agency's labor and employment counsel to handle this issue?

This. That's what they're there for.

[Anonymous]

OP, those that have told you that there is nothing you can to do "get back" at the union are 100% right. Why is this bothering you? If people on DCUM called you crazy pond scum, would that bother you?

If the union is being unprofessional, that's just going to hurt them in the long run in their ability to work things through in a cooperative manner (which sometimes benefits the union and the employees it represents). It really shouldn't bother you at all. I am sure they are not gaining any traction with the head of your department calling you pond scum, so why let it bother you? You just keep doing your job to the best of your ability. Use progressive discipline where appropriate, treat everyone fairly and according to their work performance, and above all do not retaliate against anyone. In my experience, this sort of "robust discourse" usually dies down UNLESS management is really awful and/or feeds it by engaging in union busting activity. In workplaces with good management, the good employees will generally be happy. If you are a jerk about it, the good employees will rally to the side of the poor performers and start agreeing with them that the whole situation is because you are a jerk, not because they aren't doing their job.

Keep calm and carry on, as the T shirt says.