Federal Manager's Daily Report

A federal employee union will get a hearing before an FLRA administrative law judge on its complaint that the Obama administration violated labor law last year when it capped employee performance awards at 1 percent of payroll.

The National Weather Service Employees Organization filed the complaint with FLRA’s general counsel’s office, alleging that the administration, specifically OPM, failed to notify unions and obtain their views and recommendations before issuing a government-wide policy that made a substantive change in conditions of employment.

The cap – ordered at a time of controversy over federal employee compensation and in particular over whether it should be tied more closely to performance — was the first of its kind, the union says. It said that the National Oceanic and Atmospheric Administration traditionally paid out in awards an amount equal to 1.5 percent of payroll.

The general counsel has issued an unfair labor practice complaint and a hearing has been set for March 14 before an ALJ. A decision could have an impact on other agencies, as well, although it is unclear at present how much practical effect it might have, since the issue at stake is failure to consult with unions before making a decision, not management’s right to determine awards.