Tag Archives: MSPB

WHY BARGAIN OVER (& GRIEVE) AGENCY REGULATIONS? MSPB wheeled out a great example why in a decision this week reversing an employee’s removal due to the withdrawal of his security clearance. After finding that the agency complied with all statutory … 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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MSPB SPLITS ON EMPLOYEE FURLOUGH RIGHTS Is a furlough of 22 work days or less an adverse action or an adverse action “lite”?  The three MSPB members just issued a split decision on that and it promises to be the … 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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MITIGATING FALSIFICATION CHARGES MSPB pleasantly surprised us recently with a decision in Reid v. Dept. of Navy, 2012 MSPB 94(2012) that lays out how to get harsh penalties for falsification mitigated down to a reprimand.

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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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POST-PIP PROTECTION Employees who successfully make it through a PIP walk on very thin ice for the 12 months afterwards.  If their performance falls below the required standard during those 365 days, they can be terminated without another PIP opportunity … Continue reading

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APPRAISALS BASED ON MERE SAMPLES OF WORK One of the more notorious games of an unfair supervisor is manipulating the work selected to review for a performance appraisal.  Those supervisors can set an employee up for great success or heartbreaking … Continue reading

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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

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