Category Archives: Discipline/Adverse Action

MSPB CHANGES SIXTH DOUGLAS FACTOR’S MEANING If a union rep cannot undermine the agency’s evidence that the employee committed the alleged disciplinary infraction, then s/he uses the “Douglas Factors” to argue that even though guilty the employee’s penalty should be … Continue reading

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REINSTATED DESPITE 939 HOURS OF UNSCHEDULED LEAVE IN ONE YEAR This employee worked only three full pay periods over the course of a year. In all the others, he called in from home or wherever to ask for annual, sick … Continue reading

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MANAGERS SAY THE DARNDEST UNTRUE THINGS UNDER OATH Bargaining unit employees can be fired, and even criminally prosecuted, for making a false statement on a federal document or under oath. So, it always amazes us that once the employees move … Continue reading

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TERMINATION FOR VOLUNTEERING REVERSED A law enforcement employee was asked to volunteer to attend a multi-week, off-site training program.  Being the agreeable type, he volunteered.  Somewhere during the training, which involved significant physical activity, he broke two ribs.  Nonetheless, he … Continue reading

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HOW TO VERIFY MANAGERS HAVE BEEN DISCIPLINED Every time EEOC finds a manager discriminated against an employee it orders the agency to “consider” disciplining the manager.  It does not appear to have the power to order discipline no matter how … Continue reading

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UNION REP TEST #19 – Oral Replies Very few moments in an employee’s life are as anxiety-producing as a proposed suspension, demotion or removal. That makes it vital that their union rep at the oral reply (OR) do a job … Continue reading

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HOW TO APPEAL “LAST CHANCE AGREEMENT” 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 an … Continue reading

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MSPB EXPANDS ACCUSED EMPLOYEE’S RIGHT TO INFORMATION  A Homeland Security Agent was fired for falsifying an official form.  When he tried to defend himself by pointing out how supervisory employees who committed the same offense were not fired, DHS management … Continue reading

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AFGE’S GUTSY MOVE PAYS OFF FOR EVERYONE There are a few things that separate an average union representational effort from a super one, and one of them is whether its reps are creative, e.g., they do things, even risky things, … Continue reading

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MSPB EXPANDS ACCUSED EMPLOYEE’S RIGHT TO INFORMATION A Homeland Security Agent was fired for falsifying an official form.  When he tried to defend himself by pointing out how supervisory employees who committed the same offense were not fired, DHS management … Continue reading

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