Monthly Archives: December 2013

A RESPONSE TO PATRICK PIZZELLA AND THE BROTHERS Patrick Pizzella is the newest member of the FLRA, filling the minority party seat. Yesterday, he signed his first decision (AFGE, 67 FLRA 107) and did something quite strange. After agreeing with the … Continue reading

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MSPB MODIFIES DIRECTED REASSIGNMENT CASE LAW  Not long ago we posted a story entitled, “Directed Reassignment Case Law Overhauleds ruling and the Board has made issued a clarification.  OPM argued that the MSPB was wrong to state that an agency has … Continue reading

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LESBIAN RUMOR COSTS HOMELAND SECURITY $100,000. When rumors started to spread about a lesbian relationship among three women and favoritism by the manager among them, one of those women complained to agency managers asking them to make the rumors stop.  … Continue reading

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LIGHT DUTY DENIALS CAN BE CONSTRUCTIVE SUSPENSIONS What do you do if an employee’s doctor says she can only return to work if given light duty, the agency refuses to provide any, and as a result the employee takes large … Continue reading

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FEDSMILL’S PARTICULARIZED NEED FORM While science’s two-decade long, multi-billion dollar search for the Higgs-Boson particle ended in success (and according to some putting man virtually face-to-face with god), the quest for particularized need has proven more challenging than that for … Continue reading

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ULP SETTLEMENT ALERTS PAGE When unions file ULP charges with the FLRA Office of the General Counsel, that office tries to settle a case before it takes the case to an Administrative Law Judge.  When the GC gets a good … Continue reading

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MSPB’S MR. MAGOO MOMENT While the Board’s core job is to make a decision based on the individual case facts before it, it is also expected to look a reasonable distance into the future when creating the precedents that will decide … Continue reading

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ANOTHER “CAT’S PAW” DISCRIMINATION VICTORY Is it possible to prove illegal EEO retaliation when the promotion selecting official had no knowledge that the an applicant she passed over ever had filed an EEO charge?  Yes, it is possible if you … Continue reading

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