Category Archives: Discipline/Adverse Action
WHEN DECIDING OFFICIALS GO EX PARTE The Federal Circuit Court of Appeals just administered a major smack down to HUD when it let a deciding official (DO) talk to witnesses after management had issued its proposed termination letter. (See Rayland … Continue reading
MSPB CLARIFIES INDEFINITE SUSPENSION RULES The law gives management the right to put someone on an immediate, indefinite suspension if it believes the person is guilty of a criminal offense for which he/she may be imprisoned. Unfortunately, agencies are a … Continue reading
EMPLOYEES CAN WITHDRAW RESIGNATIONS & DOWNGRADE REQUESTS At times, agency managers will pressure and even harass an employee to the point that he gives up and resigns or asks for a downgrade to an easier job. Once the managers have … Continue reading
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
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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