Not long ago we posted a story entitled, “MSPB Recklessly Denies CBP Officers Disability Rights,” which described a new MSPB decision holding that it was not (and likely would never be) a reasonable accommodation for Custom and Border Protection Officers with disabilities to request a fixed eight-hour tour without any obligation to work overtime. It was a terrible decision poorly reasoned by the Board.  A Cape Cod lawyer, arguably the most knowledgeable lawyer in the country on federal employee EEO matters,  joined the legal team of three other private lawyers to challenge the decision and has successfully rescued the right to this reasonable accommodation for all CBP officers. You can read the full decision at MSPB.GOV. It is Alvara v Dept. of Homeland Security, 2014 MSPB 77 (9/29/14). So, CBP Officers can once again ask to be relieved of all overtime obligations or given a fixed tour if either or both will relieve the impact of their disability on their ability to do the essential functions of the job. (As we said in the original post, the employee’s union does not appear to have played a role in either of the two decisions.  Employees are free to hire private lawyers to appeal discrimination allegations to EEOC or MSPB and unions are free to tell employees they will not take their case to EEOC or MSPB. FEDSMILL has no knowledge about which of those two rights led to the union not being involved openly in the case.)

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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