12/17/2023 0 Comments Bwana jim safarisThe employee’s lawyer did, and filed an EEO charge. Most union reps would know enough to challenge that as an unjust termination, but did you also see the potential EEO disability discrimination issue. Management sent him home for the rest of the week to recover and when he returned to the job, it fired him on the grounds that his unpredictability made him a threat to the staff. While there, he had a panic attack that scared and offended some co-workers. It seems management forced an employee to attend a birthday party it threw for him despite his request that they not do so. 2020005406 (2022)Īlthough the jury’s decision already has received wide publicity, it is such an interesting case that we thought we would make sure none of our readers missed it. Mayorkas, Sec’y, Dep’t of Homeland Security, EEOC No. It ordered the agency to meet with the employee to determine how much it should pay him in compensatory damages. We have long held that the truth or falsity of a complainant’s allegations goes to the merits of the complaint and is irrelevant as to whether he or she can bring a claim of discrimination.” EEOC’s concern is that warning such as that could dissuade a reasonable person from engaging in protected EEO activity for fear that an unsuccessful EEO complaint could result in disciplinary action. ” When the employee filed a complaint with EEOC, the Commission wrote that we, “find the underlying warning … to be retaliatory. When the employee finished outlining the allegations and facts, the manager told him, “if anything said was untrue, would be terminated from. MANAGER’S EEO-RELATED THREAT IS ILLEGAL AND COSTLYĪn employee, who EEOC calls Shelby, had a meeting with a high-level manager to describe how he believed his first line supervisor was discriminating against him. So, we thought we would share with you how we see Bwana Jim (BJ) stalking his prey despite several legal barriers protecting the Laffey. Because that almost never exceeds $125.00 an hour, it generates a very nice, non-dues income flow for unions. It often forces agencies to pay union attorneys up to $919.00 for each hour they spend on an arbitration, ULP, MSPB or EEOC victory, no matter how competent the attorney, how routine their work, or how little their union actually pays them. For those of you unfamiliar with this particular species of the federal labor law Serengeti, it is a magnificent beast. His current safari plans include bagging the legendary Laffey Matrix, protected by long-standing FLRA precedent. In Jim’s case, he is arguably out to kill off any and every legal precedent that grants a benefit to employees or unions. One of FLRA’s surviving Trump appointees, Jim Abbott, is the labor law equivalent of the great white hunters of Colonial Africa who ravaged its wildlife and exploited its population just for the fun of it- or maybe it was just to prove their manhood to themselves and others. Here is a press release from NFFE with more details about the confirmation. Most of all he set a new bar for what it means to be a political hypocrite. Moreover, he imposed interpretations of the statute that increased rather than decreased the ambiguity of law, which is how a country moves from a government of laws to a government of political appointee biases. He rarely let an arbitrator’s award of back pay stand–seeming to take particular delight in taking overtime pay away from those who earned it. He knew he was put in that job to screw over unions and federal employees and he did just that no matter how often a federal circuit court said he was wrong. Jim will be forever known as someone who was driven by a sense of tribal justice rather than legal scholarship. Coupled with that wonderful news is the fact that with her being confirmed, Bwana Jim Abbott is out the door. STG is one of the most respected, professional, and knowledgeable neutrals in the federal sector community, and will undoubtedly return FLRA to a place where judicial scholarship rules rather than political retribution. GRUNDMANN TO FLRAįinalllllllllly! This morning the Senate voted to confirm Susan Tsui Grundmann to take a seat at the FLRA.
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