In the federal sector, following initial EEO contact, an initial EEO interview session will be conducted in accordance with law regulation.
An adverse action may assist a federal employee in applying for FERS disability. This is generally referred to as the “Bruner Presumption”.
As federal employees begin returning to the office or otherwise contend with instructions to do so, it is important they understand implications for decisions in not returning to the office as instructed.
Pandemic and Post Pandemic federal employee travel will be a key area of employment impacted by societal changes resulting from the Pandemic.
FEHB and disabled dependents is a topic not usually encountered in the administration of federal employee benefits.
End of year performance awards can be a highly contentious issue. This time of year we receive an incredible number of inquiries from federal employees concerning annual performance appraisals and associated (linked or unlinked) “bonuses”. It should be noted that these…
Mandatory COVID Vaccinations as an emerging condition of employment in federal sector is a hot button issue. Employees have little choice.
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…
Employees should understand that just as the affected employee can serve discovery requests upon the agency, the agency can serve discovery requests upon the affected employee.
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…
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…
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) 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…
Federal employee retirement benefits are often an enigma. From annuity calculations, supplemental benefits, deferrals, the role of social security, and a host of other questions we receive. However, one of the most requests we receive is whether an employee loses…
Resignation and crime provisions do not conflict. You can resign from your position at any time and do not need agency approval to resign.
As of the publication date of this article, the EEOC PCI process is a relatively new development that will affect all case processing.
Grievance Presentation by federal and state level unions rely on negotiated grievance procedures primarily for contract enforcement.
Grievance timeliness is often misunderstood by (particularly new) union representatives and employees. Yet, it is a critical factor.
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.
In general, awards in the federal service are not considered an entitlement. That statement is the prevailing guiding principle. However, in 1997 the Office of Personnel Management (OPM) issued significant rules deregulating performance management systems and related awards.
“Last week they [federal agency] decided to fire me. Should I resign my position? If I resign, what will show in my OPF?”
The guidance places the Office of Special Counsel at odds with the White House concerning the official government view of BLM.
Many practitioners, both union and agency, will cite MSPB management (agency) favorability statistics indicating MSPB favors the agency in outcomes. This is true, but somewhat skewed because most labor organizations will 1) send “bad cases” (those lacking merit) to the MSPB because there are no associated costs unlike arbitration and/or 2) send cases to MSPB because they lack funds to pay for arbitration.
In our case evaluation, we note many situations may be “adverse” or otherwise objectionable, not all situations and appeals are actionable.
Significant confusion exists across the federal workforce concerning telework authorized as a result of the COVID-19 pandemic.