Federal Manager's Daily Report

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The Senate has confirmed Tsui Grundmann, a former general counsel of the NFFE union who chaired the MSPB board during the Obama administration, for a seat on the FLRA governing board.

With the 2-1 split in favor of Republicans through the Trump administration and up to now—Grundmann is to replace one of the two Republicans—the board issued a series of decisions in favor of management that federal unions hope to reverse with new cases.

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Said the NTEU union, “Over the past few years, the majority at the FLRA issued decisions and policy statements that routinely ignored legal precedents and sought to minimize federal employee voices in the federal workplace. Many of those poorly reasoned decisions have since been overturned in federal court. The FLRA should be a place where employees and their union representatives can expect to have their cases heard — and treated fairly — by experienced labor-management professionals and Ms. Grundmann’s confirmation helps ensure that is the case.”

The AFGE union echoed that sentiment and further called for Senate action on two other FLRA nominations pending in the Senate. They are for an additional term for chairman Ernest DuBester and for Kurt Rumsfeld, currently chief counsel to DuBester, for general counsel, a position that decides which complaints the large majority of which are filed by unions against management) are brought to the board for decisions.

“Ms. Grundmann is highly qualified for this position, as are President Biden’s other nominees for the FLRA and general counsel,” the AFGE said. “We look forward to this qualified new team restoring fairness at the authority and turning a swift and critical eye to the many cases and unfair practice complaints pending before it.”

Grundmann, who was first nominated last summer, was confirmed on a basically party-line vote of 50-49.

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