… consistent with remedies issued in unfair labor practice (ULP) cases. Id. at 12. The Agency asserts that the signatory … See AFGE, Local 940, 52 FLRA 1429, 1438-39 (1997). In ULP litigation, “covered by” is an affirmative defense. See, … to law. In this regard, in cases where arbitrators resolve ULP allegations, the Authority upholds the arbitrator’s rem- …
… that the Agency committed an unfair labor prac- tice (ULP) by changing the qualifications for the TDS position … and that, in the alternative, the Agency did not commit a ULP because the matter of temporary promotions was “covered … with regard to the Arbitrator’s rejection of the Union’s ULP claim, the Union asserts that the “Arbitra- tor erred …
… Union have the right to present an unfair labor practice [(ULP)] charge before the Arbitrator, and if so did the Agency commit [a ULP] when it disciplined [the grievant]? Id. at 4-5. … to decide the second stipulated issue regarding a ULP. Id. III. Positions of the Parties A. Agency’s Exceptions …
… that, although the Union filed two unfair-labor-practice (ULP) charges concerning the April 2023 request,16 those … conclusion, the Arbitrator explained that, “unlike the ULP charges, the grievance [was] not alleging a violation of … months before the information request at issue in the ULP charges was filed.”20 On the merits, the Arbitrator found …
… hearing, the RD dismissed an unfair labor practice (ULP) charge filed by the national union alleging that the … the national union’s appeal of the RD’s dismissal of the ULP charge.2 Exceptions, Attach. N at 1. After the Arbitrator … subsequently overturned dismissal of the national union’s ULP charge. Id. at 9-12. The Union further asserts that the …
… because of a number of Union-filed unfair labor practice (ULP) charges. PRELIMINARY ISSUE The Agency requests that the … to Panel jurisdiction due to the aforementioned pending ULP’s. It did not acknowledge the Panel’s April 17th … because of a number of Union-filed unfair labor practice (ULP) charges. PRELIMINARY ISSUE The Agency requests that the …
… the VA Handbook; and (2) committed unfair labor practices (ULP) under the Statute.16 However, if the parties did not … was not obligated to address other violations or ULP claims,23 and we deny the Union’s exceeded-authority … (2012) (“In the absence of a stipulation that includes a[ ULP] issue, an arbitrator is not obligated to address and …
… of a stipulation that includes an unfair labor practice (ULP) issue, an arbitrator is not obligated to address and … an issue to be resolved as whether the Agency committed a ULP. Instead, the Arbitrator formulated the issues as whether … Exceptions at 15. As the parties did not stipulate to a ULP issue, however, the cases on which the Union relies are …
… Respondent (the Union) committed an unfair labor practice (ULP) under § 7116(b)(1) and (8) of the Federal Service … satisfy the regulatory requirements for the conduct of a ULP hearing, the answer is no. II. Background and Judge’s Decision The employee filed a ULP charge against the Union, and the FLRA’s General Counsel …
… the Union does not establish the Agency committed a ULP. Regarding the management-rights exception, the … of the Statute. In resolving a grievance that alleges a ULP under § 7116 of the Statute, an arbitrator functions as a … administrative law judge.61 In a grievance alleging a ULP by an agency, the union bears the burden of proving the …
