Category Archives: MSPB

MSPB NEEDLESSLY EMBARRASSED THIS FDIC EMPLOYEE Not long ago we ran across an MSPB case filed by an FDIC manager challenging his demotion and reassignment for having a sexual relationship with a bargaining unit employee who reported to him. Although … Continue reading

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NEW EVIDENCE OVERTURNS A COERCED RESIGNATION Not long ago the MSPB overturned a resignation when the employee brought new evidence up after the hearing before the MSPB judge ruled. The Board accepted the evidence and also explained why it thought … Continue reading

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MSPB EXHUMES ITS “MANIFEST ABSURDITY” DOCTRINE How ironic that just a few short months after stripping federal employees of any right to challenge the substance or design of a furlough, suddenly the Board is concerned with absurdities.  The case involved … Continue reading

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 WHEN AGENCIES LIE IN SETTLEMENT TALKS Here are the facts that MSPB recently faced.  Two employees got into a fight at the workplace and were fired. As their MSPB appeal hearings grew closer, the agency made settlement offers and one … Continue reading

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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

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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

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FUBAR: MSPB’S HALF-PREGNANT EMPLOYEE There is a reason why this is the first article you have ever read about a half-pregnant employee. It is the same reason you have not come across stories about the half-dead. Pregnancy and death are … Continue reading

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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

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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

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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

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