Category Archives: MSPB

MSPB CHANGES SIXTH DOUGLAS FACTOR’S MEANING If a union rep cannot undermine the agency’s evidence that the employee committed the alleged disciplinary infraction, then s/he uses the “Douglas Factors” to argue that even though guilty the employee’s penalty should be … Continue reading

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WHEN TO APPEAL AN ARBITRATION LOSS TO MSPB/EEOC, NOT FLRA FLRA recently reminded union leaders that under 5 USC 7122(a) it does not have jurisdiction to review arbitration decisions involving adverse actions.  In AFGE and Dep’t. of Veteran Affairs, 73 … Continue reading

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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

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UNION REP TEST #8 (Part 2) – Prohibited Personnel Practices (PPP)  This continues the self-assessment of your knowledge of prohibited personnel practices. Read through the hypothetical situations provided under each PPP and decide what you think.  The correct responses are … Continue reading

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PRESIDENT PUNISHES NONUNION EMPLOYEES One of the great benefits that unionized federal employees have is that they can appeal any disciplinary action to a neutral arbitrator–from a written reprimand to a removal. In addition, unionized employees can get a decision … Continue reading

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MSPB NEEDLESSLY EMBARRASSED THIS FDIC EMPLOYEE Not long ago we ran across an MSPB case filed by an FDIC manager challenging his demotion and reassignment for having a sexual relationship with a bargaining unit employee who reported to him. Although … Continue reading

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NEW EVIDENCE OVERTURNS A COERCED RESIGNATION Not long ago the MSPB overturned a resignation when the employee brought new evidence up after the hearing before the MSPB judge ruled. The Board accepted the evidence and also explained why it thought … Continue reading

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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

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 WHEN AGENCIES LIE IN SETTLEMENT TALKS Here are the facts that MSPB recently faced.  Two employees got into a fight at the workplace and were fired. As their MSPB appeal hearings grew closer, the agency made settlement offers and one … Continue reading

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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

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