Government Employee Relations Report Index-Summary

BACK PAY

– Case Notes, 954
– Mandatory retirement, MSPB has no authority to make award to air traffic controller (Fed. Cir.), 172

BAGGAGE AND PASSENGER SCREENERS

– Air transportation

See TRANSPORTATION SECURITY ADMINISTRATION (TSA)

BANKRUPTCY

– Chapter 9, GASB seeks comments on draft guidance for governments seeking protection, 806
– Judicial estoppel, failure to disclose pending sex bias claim in petition does not bar pursuing Title VII claim (7th Cir.), 532
– Public sector, public employers engaging in cost-saving measures, more municipalities will file for protection to void union pacts, 1296
– Vallejo, municipality in Chapter 9 may void union pacts (Bankr. E.D. Cal.), 339; bankruptcy judge mediates IAFF and IBEW pacts while state considers bill requiring state approval before filing, 518; bill requiring local government entities to get state approval before declaring approved, 704; city satisfied legal requirements to file for municipal bankruptcy protection (9th Cir.), 804; motion to reject IBEW Local 2376 pact approved, 1021; IBEW appeals bankruptcy court approval of pact rejection, 1064

BANKS

See FINANCIAL INSTITUTIONS

BARGAINING AGREEMENTS

See specific unions and industries

BARGAINING DUTY

– Bad faith, Air Force insistence that union bargain for new pact after portion rejected improper, union attempts to contact labor relations officer sufficient (FLRA), 571
– Changing members' pay, decision barring mandatory reporting and withholding without bargaining upheld (Mass. App. Ct.), 506
– Classifying inmates, N.Y. sheriff may implement new policy without bargaining but must bargain over impact (N.Y.), 354
– Midterm bargaining, CBP must negotiate with NTEU on matters not addressed in existing pact (FLRA), 1197
– Overtime, Boston implementation of new method of calculation without bargaining was ULP despite compliance with FLSA (Mass.), 474
– Refusal, NLRB commits ULP after union certified as employee representative (FLRA), 296; NLRB to appeal ULP finding, Meisburg says, 426
– Transportation Security Workforce Enhancement Act

See LEGISLATION, FEDERAL, HR 1881

BARGAINING RIGHTS

– Ariz., executive order giving state workers right to meet and confer over workplace issues signed, 430
– DHS, granting will improve agency ability to carry out mission, House panel told, 276

BARGAINING SUBJECTS

– Layoffs, IAFF may not compel PERB to issue ULP complaint, financial crisis justifies (Cal. Ct. App.), 414

BARGAINING UNITS

– Armed services, units proposed following reorganization inappropriate (FLRA), 297
– Separate community of interest, civilians reorganized from command unit no longer separate from workers in bargaining unit to which transferred (FLRA), 572

BASE REALIGNMENT AND CLOSURE (BRAC)

– Deadline, DOD experiencing challenges to completing, involves some of most costly and complex recommendations, 161

BATTERY

See VIOLENCE

BENEFITS

– Employee

See EMPLOYEE BENEFITS; specific types of benefits

– Health insurance

See HEALTH INSURANCE

– Leave

See specific types of leave

– Long term care insurance

See LONG-TERM CARE INSURANCE

– Severance pay

See SEVERANCE PAY AND BENEFITS

BFOQs

See BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)

BIA

See INDIAN AFFAIRS BUREAU (BIA)

BLS

See LABOR STATISTICS BUREAU (BLS)

BONA FIDE OCCUPATIONAL QUALIFICATIONS (BFOQs)

– Sex bias, Mich. Corr. Dep't, male officer may pursue claim for denial of request to work shift and job restricted to female officers (E.D. Mich.), 439
– Supervisory skills, Border Patrol agents failed to prove age was motivating factor in supervisor selection, qualifications and performance not pretext (S.D. Tex.), 745

BONUSES

– Performance

See MERIT PAY

– Work-related stress, emergency communications operators may not include in overtime calculation, DOL opinion letter, 40

BOP

See PRISONS BUREAU (BOP)

BRAC

See BASE REALIGNMENT AND CLOSURE (BRAC)

BREAKS, MEAL AND REST

– Breastfeeding Promotion Act

See LEGISLATION, FEDERAL, HR 2819

– Sex bias, Border Control agent not entitled to extra break time to express breast milk (5th Cir.), 652

BREASTFEEDING AT WORK

– Breastfeeding Promotion Act

See LEGISLATION, FEDERAL, HR 2819

– Sex bias, Border Control agent not entitled to extra time off to express breast milk (5th Cir.), 652

BROADCASTING INDUSTRY

– Voice of Am.

– – Promotions, U.S. citizens denied promotions given to noncitizens may not use APA to circumvent CSRA exclusivity (D.C. Cir.), 560
– – Race bias and free speech, Iranian-born translator may pursue claim for firing and retaliation for releasing music video critical of Iraq war (D.D.C.), 1137

BUDGET, U.S.

– Agencies and departments

See specific agencies and departments

– Federal employees' pay

See FEDERAL EMPLOYEES' COMPENSATION

– FY2010, legislative agenda includes increased funding and staffing for federal agencies, 159; language from Spratt (D-SC) supporting parity in pay hikes for civilians and military added during markup, 365; conference report, see LEGISLATION, FEDERAL, SConRes 13; moratorium on outsourcing in FY2010 defense authorization bill until compliance with statutory requirements, In Brief, 801; FY2010 National Defense Authorization Act, see LEGISLATION, FEDERAL, HR 2647, S 1390
– Staffing for Adequate Fire and Emergency Response (SAFER) Act, administration funding request may provoke controversy, 617

BUDGETS, STATE

See specific states

BUILDING SERVICES

– 14 Penn Plaza, decision pending on whether clause in SEIU pact enforceable to waive right to sue for age bias (U.S.), 146
– Government contracts, postmaster properly fired for providing fraudulent divorce decree in investigation of contract with husband (Fed. Cir.), 592

BURDEN OF PROOF

– Civil service merit boards, Tenn. courts may only reverse or modify decision if constitutional or statutory provision violated, outside authority, unlawful procedures, abuse of discretion or insufficient evidence (Tenn.), 355
– Lilly Ledbetter Fair Pay Act

See LEGISLATION, FEDERAL, HR 11

– Mixed motive, 1991 CRA provision superseding direct evidence requirement does not apply to ADEA claims (U.S., rev grant), 146; workers bringing disparate treatment claims must prove age was the but-for cause for adverse action (dec), 749; worker advocates say courts discount importance of ageist comments, recent Sup. Ct. decisions reinforce, 829; new standards will have significant impact but may be felt in litigation, not daily operations, practitioners say, 880; Protecting Older Workers Against Discrimination, see LEGISLATION, FEDERAL, HR 3721, S 1756
– Pay grade claims, burden in federal appeals clarified in favor of employees (MSPB), 259

BUREAU OF

See specific bureaus

BUS TRANSPORTATION

– Mass transit

See MASS TRANSIT

– School

See PRIMARY AND SECONDARY SCHOOLS