The Biden administration has named an acting general counsel for the FLRA, a key position for federal labor-management relations because that person decides which unfair labor practice complaints—the large majority of which are filed by unions against management—are to be brought before the FLRA board, among other duties.
Charlotte Dye, a long-time FLRA official who has been the deputy general counsel since early 2019, will take fill the general counsel’s position pending a nominee for that position, which requires Senate confirmation to fill on a permanent basis. There has not been even an acting general counsel at the FLRA since late 2017 and in that time “large backlogs of unfair labor practice appeals and complaint recommendations are pending”—reportedly in the hundreds—the FLRA said in its announcement.
Meanwhile, many other key positions for federal employees remain unfilled. Kiran Ahuja, an OPM official during the Obama administration who has been nominated to head that agency, has not had a Senate confirmation hearing—although OPM meanwhile recently filled a number of second-level politically appointive positions.
The administration also hasn’t chosen a replacement for the OMB director nominee who withdrew; that position now is being filled on an acting basis by Shalanda Young, a former Capitol Hill staffer who this week was confirmed to be OMB director for budget. A nominee for OMB director for management is pending in the Senate and it remains unclear whether Young will be nominated to become director.
Also still without nominees are all three seats on the MSPB, which has lacked a quorum for more than four years with a backlog of more than 3,000 cases having built up there. The Federal-Postal Coalition, consisting of two dozen unions and other groups, recently urged the White House to fill those seats quickly.
Biden also can replace three members of the TSP governing board—one seat there is vacant and the other four are serving on a hold-over basis since their terms have expired.