Category Archives: Discipline/Adverse Action

AFGE’S GUTSY MOVE PAYS OFF FOR EVERYONE There are a few things that separate an average union representational effort from a super one, and one of them is whether its reps are creative, e.g., they do things, even risky things, … Continue reading

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WHY FIRE PEOPLE THIS WAY? There are zillions of stories about former FBI Director James Comey these days, but we haven’t seen one yet analyzing the method used to fire him.  That is what LR/ER practitioners on both sides of … Continue reading

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AN ADVERSE ACTION GUIDE While we hope that no one on either side of the table has to deal with too many adverse actions, we know at least a few of you do a dozen or more oral replies and … Continue reading

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MSPB TWEAKS ADVERSE ACTION DUE PROCESS CONCEPT The agency indefinitely suspended an employee for losing his security clearance, and on appeal MSPB used the case to tweak it concept of due process protections in an adverse action. That makes it … Continue reading

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REMEMBER THIS AFGE AWOL DECISION One of the reasons we activated Fedsmill was to overcome the disadvantage regional and local union leaders are at when they have no way to hear about case victories from other unions.  That hobbles them … Continue reading

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WHEN AGENCIES DRAG OUT DISCIPLINE INVESTIGATIONS Throughout our career we benefitted from making a note of an excerpt, footnote or even snippet of a case, regulatory comment or policy transmittal. They proved invaluable at bargaining tables when the other side … Continue reading

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ISSA, CHAFFETZ TARGET VETS FOR TERMINATION House leaders just announced that they are coming after veterans, including those with injuries, by making it easier to fire them and deny them other rights.  Yup! God’s honest truth.  Today’s e-media carried a … Continue reading

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AN MSPB HOLIDAY SURPRISE Would you have predicted this?  An employee was fired. When she filed an appeal with MSPB she not only denied the agency’s charges, but also claimed discrimination based on sex and disability.  Not long after, the … Continue reading

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MSPB’S 13TH DOUGLAS FACTOR (Revised) MSPB and virtually every arbitrator use the 12 so-called Douglas factors to decide whether to mitigate an adverse action penalty.  (See a complete list of the Douglas factors at the end of this posting.) It … Continue reading

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WE DO NOT ADVISE DOING THIS, BUT … Most union reps know that when a manager orders an employee to do something the employee had better do it no matter how wrong the order is.  There is a collective bargaining … Continue reading

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