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MANAGEMENT OFFICIAL
Under 5 USC 7103(a)(11), an individual who formulates, determines, or influences the policies of the agency. Under 5 USC 7112(b)(1), such individuals are to be excluded from appropriate units. While Congress expressly prohibited supervisors from assuming policy-making and representative functions within the union, 5 USC 7120(e), there is no evidence that Congress intended to deny supervisors one of the most essential vestiges of union- membership, the right to cast a vote in the election of their union's officials.
"MADE WHOLE"
Phrase that unions include in their remedies for grievances that involve loss of pay and/or other benefits (e.g., disciplinary actions or improper denial of overtime or promotions). The term means that the grievant is treated as though management never took the improper action. In discipline cases, it asks that the grievant be restored to the status he or she had before management took the action.
MANAGEMENT RIGHTS
Refers to types of discretion reserved to management officials by 5 USC 7106(a) which, with the important exception of matters falling within 5 USC 7106(b), are not subject to collective bargaining. In 34 FLRA No. 55, the Authority said that "(management rights under 5 USC 7106(a) cannot be waived or relinquished through collective bargaining."
MEDIATION
Use of a third party, usually a neutral without authority to impose a settlement, to assist the parties to reach agreement.
MIDTERM BARGAINING
Literally, all bargaining that takes place during the life of the contract. Usually contrasted with term bargaining—i.e., with the renegotiation of an expired (or expiring) contract. Midterm bargaining includes l&l bargaining, union-initiated midterm bargaining on new matters; and bargaining pursuant to a reopener clause. It excludes matters that are already "covered by" the term agreement.
MSPB
The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for employees against abuses by agency management.
