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Post by valkyrie on Apr 2, 2009 10:01:42 GMT -5
"Under the Federal Travel Regulation, section 302-1.1, an agency can authorize relocation expense allowances where an employee is transferring from one duty station to another and the transfer is viewed as being 'in the interest of the Government.'"
That is the rationale for providing relo for transfering people into management/promotion slots. I guess they would be providing relo to anyone transfering to the NHCs since the arbitration, because otherwise the Agency would lose credibility for their argument that the NHCs are vitally important.
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Post by Legal Beagle on Apr 2, 2009 11:14:52 GMT -5
That is the rationale for providing relo for transfering people into management/promotion slots. I guess they would be providing relo to anyone transfering to the NHCs since the arbitration, because otherwise the Agency would lose credibility for their argument that the NHCs are vitally important. And of their position in Arbitration that the NHC slots ARE "management" but without the additional pay. |
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Post by alj on Apr 2, 2009 11:57:51 GMT -5
Appeal an arbitration? I simply do not follow. How do you appeal an arbitration? I don't think there is an appeal from arbitration. |
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Post by privateatty on Apr 2, 2009 12:06:18 GMT -5
Appeal an arbitration? I simply do not follow. How do you appeal an arbitration? I don't think there is an appeal from arbitration. Wouldn't it depend on the Agreement and whether or not its binding or non-binding? I've seen both, depending on forum and jurisdiction. |
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Post by alj on Apr 2, 2009 13:05:29 GMT -5
I don't think there is an appeal from arbitration. Wouldn't it depend on the Agreement and whether or not its binding or non-binding? I've seen both, depending on forum and jurisdiction. Exactly right. I was thinking this was binding arbitration when Dr. Who raised the question, but now I'm not sure. I should have learned years ago to not post something unless I am sure (in my own mind) of the answer. I have heard no talk today of the union preparing for a long appellate battle. That's why I thought it was binding. I guess we shall find out soon enough. |
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Post by pedaltone on Apr 2, 2009 13:57:33 GMT -5
Wouldn't it depend on the Agreement and whether or not its binding or non-binding? I've seen both, depending on forum and jurisdiction. Exactly right. I was thinking this was binding arbitration when Dr. Who raised the question, but now I'm not sure. I should have learned years ago to not post something unless I am sure (in my own mind) of the answer. I have heard no talk today of the union preparing for a long appellate battle. That's why I thought it was binding. I guess we shall find out soon enough. Even if an arbitration agreement is binding, the Federal Arbitration Act permits courts to set aside awards (an appeal of sorts) but the grounds for such an orders are few. |
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Post by ssaer on Apr 2, 2009 17:11:34 GMT -5
Appeal an arbitration? I simply do not follow. How do you appeal an arbitration? I don't think there is an appeal from arbitration. The Federal Service Labor-Management Relations Statute provides in relevant part (5 U.S.C.A. ยง 7122): "(a) Either party to arbitration under this chapter may file with the [Federal Labor Relations] Authority an exception to any arbitrator's award pursuant to the arbitration (other than an award relating to a matter described in section 7121(f) of this title). If upon review the Authority finds that the award is deficient-- (1) because it is contrary to any law, rule, or regulation; or (2) on other grounds similar to those applied by Federal courts in private sector labor-management relations; the Authority may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations." |
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Post by counsel on Apr 2, 2009 17:54:26 GMT -5
So, are ALJs at the NHCs allowed to telework? I understand that all hearings are by video from the ALJ's office. Are there other differences in the work environment?
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