From Government Executive:
An independent arbitrator last week ruled that the Social Security Administration violated federal labor law by engaging in bad faith bargaining in its contract negotiations with a union representing administrative law judges who preside over Social Security disability cases.
The ruling is a result of a grievance filed by the Association of Administrative Law Judges, which accused the agency of repeatedly denying the union’s requests for information while the parties prepared to negotiate a new contract.
In its grievance, the union highlighted a number of instances when routine requests for data related to provisions in its collective bargaining agreement were delayed or denied. These requests included detailed disposition data for the agency’s administrative law judge corps, the estimated cost of training a new administrative law judge, the criteria by which the agency places ALJs under “close supervision” and data supporting the need for the agency’s demand for a seven-year contract term.
In many of these cases, arbitrator Malcolm Pritzker found the agency’s denials did not meet the standard needed to justify withholding information. In one instance, he noted that although the agency claimed the union’s request regarding the proposed contract duration was “not related to collective bargaining,” officials eventually used the requested data as part of the agency's justification for the contract length before the Federal Service Impasses Panel. ...
We need a strong labor movement in this country. I once thought that unions were no longer needed but I was wrong. We need strong unions in the public and private sector. What the union was asking for here seems reasonable and I am glad the arbitrator agreed.
ReplyDeleteSome context here: First arbitration decisions are not self enforcing, and absent assent from the Agency, a ULP (unfair labor practice) will need to be filed with the FLRA. Second. the arbitrator may have exceeded his/her authority under the statute by granting remedies reserved to the FLRA. Third, the Federal Service Impasses Panel (FSIP) may have extinguished any meaningful remedy by their decision on the outstanding issues over which they asserted jurisdiction. IMHO, This is far from a cut and dry victory, and it may provide the Union with very little relief under the circumstances.
ReplyDeleteThe GovExec article is incorrect in stating that the arbitrator found that SSA engaged in bad-faith bargaining. In reading the decision linked to in the GovExec article, the arbitrator found that the Agency violated the Federal Labor Statute with respect to five information requests from the union, but did not with respect to another two requests. The remedy ordered by the arbitrator was to provide the information and post a notice regarding the arbitration award. The arbitrator explicitly stated that he "did not have the right to interfere with the procedures of the Impasse panel or to intervene in the collective bargaining process and I will not order the reopening of the negotiations between the parties."
ReplyDeleteErich Wagner of GovExec may want to take a little less on faith from the ALJ union.
The agency is systematically eliminating the ALJ's independence. If the agency has their way there will be no ALJs instead they will have "adjudicators" who are employees under direct supervision of the agency. When this happens the number of cases being granted will significantly decrease.
ReplyDelete