Category Archives: Discipline/Adverse Action
UNTIMELY DISCIPLINE SUGGESTS CBP MULTIPLE PERSONALITY DISORDER What does it say about an agency when it takes months or even years after it becomes aware of an employee’s misconduct to discipline the employee? We think it suggests a serious mental illness … Continue reading
Posted in Arbitration, Discipline/Adverse Action
Tagged Multiple Personality Disorder
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TURNING TABLES OF PENALTIES ON MANAGEMENT Not long ago MSPB overturned an adverse action because of a mistake management made using its own table of penalties to set the penalty. The mistake was not an obvious one. We want to … Continue reading
FLRA CUFFS IG INVESTIGATORS—AND SLAMS CBP LR’S INCOMPETENCE For far too long IG Investigators have been able to ignore virtually every union negotiated protection against unfair, intimidating, underhanded investigatory interviews of employees. But FLRA just changed that in with NTEU … Continue reading
Posted in Discipline/Adverse Action, Investigations
Tagged IG Investigators, Inspector General Act
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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.
ADVERSE ACTION DUE PROCESS AND AGGRAVATING FACTORS Agencies are allowed to consider aggravating factors when choosing adverse action penalties. These could include prior disciplinary actions, poor work record, lack of rehabilitative potential, etc. However, MSPB just reminded us that there … Continue reading
SIMILARLY SITUATED CONCEPT EXPANDED AGAIN Not long ago FEDSMILL.com posted a piece entitled, “Who Are the Similarly Situated.” We noted that at least one circuit court did not require that the employees in the compared cases have the same supervisor, … Continue reading
SECRET SERVICE’S SILLY SEX STORY Brace yourself, America—and especially federal employees. The culture war is about to flare to near-nuclear levels over the recent Secret Service Agents’ interaction with a salacious slice of Columbia’s service sector. First there will be … Continue reading
Posted in Discipline/Adverse Action, Religion
Tagged Nexus, Prostitution, Religion, Secret Service
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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
Posted in Arbitration, Discipline/Adverse Action, MSPB
Tagged Douglas, Medical, Mental, Mitigation
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