Protected Health Information (PHI or Medical Information)

The safeguarding and regulatory compliant handling of Protected Health Information (PHI), also referred to more broadly as medical information, in our opinion, presents one of  the most significant risks for federal agencies and managers (particularly with an aging workforce and increased frequency…

Union Representative: Good or bad idea?

There is a prevailing theory that it is better to have a union representative (also commonly referred to as “union steward”), than not have a union representative, given such a need. We are certainly proponents of labor organizations and their…

Douglas Factors in Federal Employment

In determining a penalty in an adverse action, an agency should consider a number of factors. Among the many considerations are the “Douglas Factors” in certain situations.  If the agency fails to make these considerations or is otherwise unable to prove…

Duty of Fair Representation and Federal Employees

Typical Duty of Fair Representation Inquiry Typical inquiries concerning the issue or concept of Duty of Fair Representation involves claims that the local union is incompetent, not active, or at the worst, corrupt. Such claims are actually not unusual.  Many…

Leave Without Pay (LWOP) and OWCP Claims

Leave Without Pay (LWOP) in connection with Office of Worker’s Compensation Claims (DOL OWCP) is a source of confusion for federal employees, as well as agencies.  In our experience, this is largely due to a number of misperceptions of affected employees…

Proving Delivery

In Morgan v. Department of Veterans Affairs, 108 LRP 7740  , EEOC No. 0120080380 (EEOC OFO 2008), a tracking slip showing a notice of right to file was left at a complainant’s doorstep.  However, it was not conclusive evidence the complainant actually received the notice on that day.