Category Archives: Discipline/Adverse Action
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
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
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
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
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
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
NEGOTIATORS TO THE RESCUE? One of the most important jobs of a union negotiator is to try to fix things when the General Counsel or other litigators fail. A new Federal Circuit decision that an employee lost gives negotiators yet … Continue reading
PRESIDENT DISPLAYS GROSS IGNORANCE OF LR Trump recently issued three Executive Orders aimed at punishing federal employees, who he prefers to call the “deep state,” and the unions that represent them. By this time it should surprise no one that … Continue reading
NFFE ARBITRATION WIN IN THE TIME OF #METOO Although there has been a seismic shift on the media’s and public’s willingness to believe and support those reporting sexual harassment, it will be a while before we know how the #Metoo … Continue reading