Category Archives: Discipline/Adverse Action
WHY BARGAIN OVER (& GRIEVE) AGENCY REGULATIONS? MSPB wheeled out a great example why in a decision this week reversing an employee’s removal due to the withdrawal of his security clearance. After finding that the agency complied with all statutory … Continue reading
NLRB ORDERS MAKE WHOLE REMEDY FOR WEINGARTEN VIOLATION, BUT WILL FLRA? What’s the remedy when an employee is terminated for refusing to participate in a disciplinary investigation of his/her behavior, despite the fact that the employer refused to give the employee … Continue reading
WHEN IS A MAXIFLEX EMPLOYEE TARDY? MSPB just overturned the removal of an employee on a Maxiflex schedule. The agency thought the employee had been tardy when he failed to report to work at an early enough time to fulfill … Continue reading
FURLOUGH MYSTERY SOLVED! “IT IS ALL ABOUT MSPB’s NEEDS” Why did the MSPB give employees virtually no right to challenge adverse actions furloughs, leaving them vulnerable to thinly veiled disciplinary suspensions without the due process, political jockeying, and slush fund … Continue reading
MSPB RECOGNIZE OGE DEFENSE TO DISCIPLINARY ACTIONS The Federal Deposit Insurance Corporation (FDIC) terminated a manager for “defalcation of obligations.” The Board ordered the employee reinstated with back pay because FDIC ignored what we are going to call the “OGE … Continue reading
MSPB EXHUMES ITS “MANIFEST ABSURDITY” DOCTRINE How ironic that just a few short months after stripping federal employees of any right to challenge the substance or design of a furlough, suddenly the Board is concerned with absurdities. The case involved … Continue reading
Posted in Discipline/Adverse Action, MSPB
Tagged Chandler, Furlough, Manifest absurdity
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MSPB OVERTURNS PROMOTION DEMOTION What can an employee do when she is demoted because management says it improperly promoted her in violation of regulations? As if that is not bad enough, what can she do if aside from the demotion … Continue reading
MSPB MODIFIES DIRECTED REASSIGNMENT CASE LAW Not long ago we posted a story entitled, “Directed Reassignment Case Law Overhauleds ruling and the Board has made issued a clarification. OPM argued that the MSPB was wrong to state that an agency has … Continue reading
LIGHT DUTY DENIALS CAN BE CONSTRUCTIVE SUSPENSIONS What do you do if an employee’s doctor says she can only return to work if given light duty, the agency refuses to provide any, and as a result the employee takes large … Continue reading
MSPB’S MR. MAGOO MOMENT While the Board’s core job is to make a decision based on the individual case facts before it, it is also expected to look a reasonable distance into the future when creating the precedents that will decide … Continue reading