Day: October 25, 2012

FLRA & ULPs

I. HOW TO FILE AN UNFAIR LABOR PRACTICE CHARGE A. What is an unfair labor practice charge. An unfair labor practice charge (ULP) is an allegation that an agency (or a union) has violated one or more subsections of 5 USC Section 7116(a). B. Who can file a charge? Any individual, labor organization or agency …

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OIG/OIA Investigations

OIG/OIA INVESTIGATIONS GUIDANCE TO NBPC OFFICERS AND STEWARDS THINGS TO REMEMBER: 1. The Office of the Inspector General (OIG, formerly OPR) or Office of Internal Audit (OIA) is NOT your friend!!! 2. There are NEVER any off the record discussions with OIG/OIA Investigators. 3. NEVER, EVER, talk to an OIG/OIA Investigator without Union representation and …

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The Whistleblower Act

THE WHISTLEBLOWER PROTECTION ACT OF 1989 Introduction Congress enacted the Whistleblower Protection Act of 1989 (Public Law No. 101-12) to strengthen protections for Federal employees, former employees, and applicants for employment who claim that they have been subjected to personnel actions because of their whistleblowing activities. The Act made significant changes affecting appeals by whistleblowers …

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Duty of Fair Representation

                                 THE UNION’S DUTY OF FAIR REPRESENTATION   A.         The Duty of Fair Representation (DFR) comes from Section 7114(a)(1) of the Statute. The basic principle of DFR:   A Union must use its power to fairly and equally represent all employees in the bargaining unit. As a general rule, the Union must represent employees without …

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Written Reply to Proposal

OUTLINE FOR WRITTEN REPLY TO PROPOSAL OF DISCIPLINE    PURPOSE: An employee against whom discipline or adverse action is proposed has a statutory right to present his/her defense in the form of both a written and oral reply. A well-written and researched reply is extremely important in preparing a thorough record for a case that may …

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Discipline Grievances

                         GRIEVANCES INVOLVING DISCIPLINE/ADVERSE ACTION   This type of grievance refers to disputes that arise when the agency takes disciplinary or adverse actions against employees.   A. Disciplinary Actions    Definition:      Suspension of fourteen calendar days or less, disciplinary transfers, and written reprimands.   Reference:    Title 5 U.S.C. 7501 B 7504   5 C.F.R. 752.201 …

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Grievance Procedures

NBPC GRIEVANCE PROCEDURE   Step  Time Frame To Whom  Requirements Response   I  30 calendar days Supervisor Oral (informal) Oral 5 work days  II  15 calendar days CPA Written 1. Facts 2. Names 3. CBA Cites 4. Reasons for dissatisfaction 5. Corrective Action (remedies) Written 20 calendar days  III  15 calendar days BP Chief Copy to LER …

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Synopsis of CBA

           SYNOPSIS OF THE COLLECTIVE BARGAINING AGREEMENT    [This chapter paraphrases and interprets the language of the current contract. For the precise language of the agreement, refer to the blue-covered contract.]                                                                        ARTICLE 1                                                                    Recognition   The National Border Patrol Council of the American Federation of Government Employees is the exclusive representative of all bargaining unit …

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