Rep Wing - Sept. 11, 2009

September 11, 2009

September 11, 2009

LANDMARK FLRA RULING ALLOWS UNION LOCAL TO CONSOLIDATE, THANKS TO AFGE
In a groundbreaking decision, the Federal Labor Relations Authority has ruled that AFGE Local 1764 (Travis Air Force Base) can consolidate its five bargaining units into one unit, including employees under the National Security Personnel System (NSPS). The case was handled by staff attorney Cathie McQuiston, assistant director for AFGE’s Membership and Organization Department. The decision opens the door for similar cases involving multiple bargaining units under one Locals’ purview.   

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DRB RETURNS TRANSPORTATION SECURITY OFFICER BACK TO WORK    
The Disciplinary Review Board has mitigated the removal of a Transportation Security Officer at Las Vegas Airport to a 30-day suspension.  The TSO was removed in April of this year for failing to report another TSO who he observed altering a baggage tag reader.  Prior to being removed the TSO was placed on indefinite suspension by TSA.  In the case handled by AFGE Staff Counsel Chad Harris, the DRB sustained both the indefinite suspension and the charges of misconduct, but mitigated the removal. 

VETERANS AFFAIRS EMPLOYEE UNFAIRLY REMOVED, MSPB RULES
The Merit System Protection Board (MSPB) recently overturned the unjust removal of a VA employee at the Long Beach VA.  The judge found that the charges brought against the employee as grounds for removal were unsubstantiated, overturned the removal and ordered the agency to reinstate the employee with back pay plus interest.  The agency appealed the initial decision, but it was upheld by the MSPB and the decision to reinstate the employee with back pay is now final.  AFGE Legal Rights Attorney Mike Pazder also will be filing a motion for attorney fees.

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AFGE WOMEN’S AND FAIR PRACTICES ATTORNEYS WIN MORE THAN $300,000 FOR MEMBERS IN SEPARATE EEOC CASES.
In June and July 2009, WFP attorneys aggressively settled and were instrumental in working with Local officers to settle four separate EEOC cases for AFGE members.  The settlements resulted in AFGE members obtaining more than a quarter of a million dollars in compensatory damages and about $50,000 in attorney fees. EEOC complaints place the burden of proof on the complainants. “Settlements are beneficial to our members as a decision on the merits because they are mutual agreements that resolve the disputes. Justice is not denied due to the excessive delays in processing the increasing backlog of EEOC cases before administrative judges and appeals before the EEOC Office of Federal Operations in Washington D.C.,” said WFP Supervising Attorney Patricia Randle.   

AFGE INVESTIGATES POSSIBLE CLASS ACTION LAWSUIT AGAINST NSPS
Would you or someone you know be eligible to take part in class action lawsuit against NSPS? AFGE is looking at that possibility. Go to www.stopnsps.org for more information.

WE REPRESENT YOU!!
AFGE’s Legal Representation Fund now refunds to local unions $2,000 from deposited attorney fees, in order to offset the cost of a Local going to arbitration.  For more information on the program that provides a free attorney for your back pay arbitrations, email AFGE's Office of General Counsel at backpay@afge.org.

For a full view of cases published in the Rep Wing go to www.afge.org/representation  or Casetrack www.afge.org/casetrack.

To receive printed copies of the Electronic Rep Wing for Distribution please email communications@afge.org.

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