Category Archives: Discipline/Adverse Action
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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WATERBOARDING SELECTING OFFICIALS Ever wonder how to get selecting officials to tell you the real reason why you were not selected for a promotion? Tens of thousands do each year. Here is how.
Posted in Discipline/Adverse Action, Employee Rights, Promotion/Hiring
Tagged Patrick v. Ridge
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16 WAYS PROBATIONERS CAN APPEAL TERMINATIONS The single biggest lie told newly hired federal employees may be the words “Probationary employees have no rights.” The second biggest might be that there is nothing the union can do for them during … Continue reading
AN OPEN LETTER TO PROBATIONARY EMPLOYEES Below is a letter you should copy and send to all probationary employees to undermine those who tell them that they have no rights.
APPRAISALS BASED ON MERE SAMPLES OF WORK One of the more notorious games of an unfair supervisor is manipulating the work selected to review for a performance appraisal. Those supervisors can set an employee up for great success or heartbreaking … Continue reading
Posted in Discipline/Adverse Action, Membership Building, Performance
Tagged MSPB, MSPR, OPM, Performance Appraisal, Random Sample of Work, union
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REMOVAL MITIGATED FOR DE MINIMIS INCIDENTS STEWARD ALERT! A recent MSPB decision gives unions a valuable precedent to use when defending employee against discipline or removal. In this case (Raco v. SSA, (9/29/11)), the agency removed the employee for 22 alleged … Continue reading