Category Archives: Discipline/Adverse Action

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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ADVERSE ACTION QUIZ: WHO IS BETTER OFF? Assume that two employees get 15-day adverse action suspensions, their union takes each case to arbitration, and both suspensions are overturned. One employee, Smith, had his adverse action overturned and reduced to a … Continue reading

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MSPB PANDERS A TINY BIT LESS TO AGENCIES One of the most disappointing precedents to ever roll out of the Board established that agencies need not meet the tough standard of proof required to fire an employee for falsification, namely, … Continue reading

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WHEN HAIR TRUMPS URINE An agency suspended a firefighter for 30 days who tested positive for illegal drugs after being selected in a random test. Because the employee was absolutely convinced that he had not used drugs, he tried to … Continue reading

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WHEN HR DISRESPECTS DECIDING OFFICIALS Sitting as the deciding official over a proposed adverse action is a big deal.  Not only does the DO have to respect employee Constitutional rights, but also the requirements of law, regulation, agency policy, past … Continue reading

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BORDER PATROL COUNCIL OVERCOMES CBP DWI ARREST FLRA just published a decision describing how the AFGE Border Patrol Council very skillfully overturned a Customs and Border Protection employee’s five-day suspension for failing a field sobriety test while off duty and … Continue reading

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UPDATE ON OGE ADVERSE ACTION REGULATIONS Not long ago we pointed out a case where MSPB overturned an employee’s removal from FDIC because the agency failed to get approval from the Office of Government Ethics (OGE) of an FDIC-created rule … Continue reading

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DUTY TIME AND THE NCAA TOURNAMENT As March Madness continues to escalate over the next two weeks, there will inevitably be employees disciplined for checking in on their favorite team on duty time via agency computers. So, we thought we … Continue reading

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MARYLAND LAWYER SAVES BREASTFEEDING CBP OFFICER Socorro Thome was a trained and experienced Customs and Border Protection Officer (CBPO) in the tough port of El Paso, Texas when she became pregnant in November 2010.  At that point, she began light … Continue reading

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