Category Archives: Discipline/Adverse Action

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

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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

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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

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

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REMEMBER THIS AFGE AWOL DECISION One of the reasons we activated Fedsmill was to overcome the disadvantage regional and local union leaders are at when they have no way to hear about case victories from other unions.  That hobbles them … Continue reading

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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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