Monthly Archives: October 2022

MSPB, THIS DOES NOT SOUND FAIR An agency removed a supervisory employee based on the charge of conduct unbecoming a supervisor, supported by two specifications.  But MSPB upheld his removal based on specifications that were never listed in the proposed … Continue reading

Posted in Discipline/Adverse Action | Tagged | 1 Comment

HOW TO APPEAL “LAST CHANCE AGREEMENT” (LCA) DISMISSALS The Federal Circuit Court of Appeals just reminded us that while it is possible to challenge, appeal or arbitrate a dispute over whether a last chance agreement permitted the agency to terminate … Continue reading

Posted in Discipline/Adverse Action | Tagged | Leave a comment

WHAT DOES DODEA THINK MISOGENY IS IF NOT THIS? We have a lot of respect for the top leaders at the DOD Education Activity (DoDEA), but based on a new EEOC decision it looks like they have a lot of … Continue reading

Posted in EEO Harassment | Tagged | Leave a comment

EEOC MANDATES PERFORMANCE AWARD A supervisory Customs and Border Protection employee was not at work for more than half of the fiscal year due to cancer treatment and surgery. Nonetheless, he felt he was entitled to an annual performance award … Continue reading

Posted in Disability | Tagged | Leave a comment

CARTOONS & REASSIGNMENTS An Immigration and Customs Enforcement employee, the only African-American in her office, found that a co-worker had come into her office and drawn a monkey face on her whiteboard. When she asked management to do something about … Continue reading

Posted in Race | Tagged | Leave a comment

WHAT SHOULD A GREAT MID-TERM NEGOTIATIONS TRAINING PROGRAM INCLUDE? The vast majority of negotiations in the federal sector involve an agency-proposed mid-term change, and in the overwhelming majority of those cases the union representatives are not full-time national staff, but … Continue reading

Posted in Training | Tagged | Leave a comment

A LITTLE-KNOWN DEFENSE IN EMPLOYEE THEFT CASES Although MSPB said they were just drawing on prior court of appeals decisions, it sure looks like a new defense to us. At a minimum, they added enormous clarity to an idea that … Continue reading

Posted in Discipline/Adverse Action | Tagged | Leave a comment

LOOK WHO IS SUDDENLY CONCERNED ABOUT AFGE’S ICE EMPLOYEES After a career of doing her best to keep a knee on the necks of employees and their unions, suddenly FLRA’s Colleen Kiko-Duffy, a Trump disciple, is all torn up inside … Continue reading

Posted in AFGE | Tagged | 1 Comment

FMLA, DISABILITIES, AND LIGHT DUTY An employee, Jessie Crutch, had a long-time reasonable accommodation of being allowed to rest his hip for a few minutes every few hours while working as a warehouse custodian.  As the injury got worse and … Continue reading

Posted in Uncategorized | Leave a comment

ASKING THE SPOUSE IS A D.O. DUE PROCESS NO-NO When a federal firefighter failed a random drug test, he claimed that he must have mistakenly taken one of his mother’s pills given that they live together. The agency decided not … Continue reading

Posted in Uncategorized | Leave a comment