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Category Archives: MSPB
DISCIPLINE’S “DISPARATE PENALTIES” DEFENSE MSPB just issued a decision that should help unions successfully represent disciplined employees. It clarified, and some say expanded, the union’s ability to argue that any penalty must be mitigated, if not totally overturned, if the … Continue reading
MSPB’S 13TH DOUGLAS FACTOR 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 is … Continue reading
Posted in Arbitration, Discipline/Adverse Action, MSPB
Tagged Douglas, Medical, Mental, Mitigation
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RESIGNATION REGRET & PROBATIONERS What do you do for the probationary employee who calls you from home not only to tell that he resigned last week, but that he wants the union to get his job back? Extend your sympathies? … Continue reading
Posted in MSPB, Probation Period
Tagged Fairness, Misinformation, Resignation regret
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MSPB BLAMES QUICKHIRE If you have worked with any of the software packages agencies use to hire and promote applicants, you know that they have shortcomings and flaws. All too often agencies have decided that is just a price employees … Continue reading
16 WAYS PROBATIONERS CAN APPEAL TERMINATIONS The single biggest lie told newly hired federal employees may be the words “Probationary employees have no rights.” The second biggest might be that there is nothing the union can do for them during … Continue reading
PROBATIONARY EMPLOYEE INTERVIEW CHECKLIST If a probationary employee comes to the union for help because he/she is about to be or has been terminated, the union should go over the following issues with the employee to see if there are … Continue reading
Posted in FLRA, Grievance/Arbitration, MSPB, Probation Period
Tagged Interview, Investigation, Probationary period, Termination
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REMOVAL MITIGATED FOR DE MINIMIS INCIDENTS STEWARD ALERT! A recent MSPB decision gives unions a valuable precedent to use when defending employee against discipline or removal. In this case (Raco v. SSA, (9/29/11)), the agency removed the employee for 22 alleged … Continue reading
RESIGNING WITH A CLEAN RECORD REDEFINED MSPB has just changed how it will interpret termination settlement agreements that call for the removal, cancellation or even change of the official record. In this case, management settled a removal appeal by agreeing … Continue reading
Posted in Discipline/Adverse Action, MSPB, Resignations
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