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So, when the Panel proclaims as a matter of policy that, despite management’s statutory obligation to negotiate over mandatory performance award systems, it will treat awards only as a permissive subject of bargaining 8 , it is actually encouraging federal employees to take up more adversarial, radical and disruptive means of changing their award systems. In a third case, when the Panel brushed aside the union’s allegation that the management proposal was illegal, the union simply refused to accept the Panel’s binding legal order 12 . These union actions are exceptions to the rule today, but Panel actions are quickly pushing these exceptions closer to being the rule, just as Wal-mart’s actions have shown millions of employees and plaintiff lawyers how to achieve change. There are over a dozen employment laws and hundreds of pages of federal personnel regulations that can be used to push for change and fairness if the Panel is going to cut off the more conservative change process of collective bargaining. For example, the Panel ruled in one case that a federal employee was barred from signing a federal form required by the employee’s federal employer if that employee was on federal property—merely because signing that form would result in employee dues being sent to a union. Learn more
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