Category: Articles

Articles cover the wide range of federal administrative litigation and personnel actions affecting federal employees. Topics include, but are not limited to, federal and public employee discipline, adverse actions, removals, demotions, disciplinary reassignments, EEO, Unfair Labor Practice complaints, grievances, arbitration, and other federal and public sector (State and local) administrative litigation and personnel matters

Change of Supervisor is Beyond Your Control

The Federal Services Labor Management Relations Statute, although somewhat “watered down” by years of case law, reserves a supervisory assignment, and most matters involving assignment of work in any regard, to the sole discretion of the agency.  

Union Representation During Counseling

The first thing any bargaining unit employee should do when determining whether they have a right to union representation is refer to their Master Agreement (union contract) or contact a Union Representative

Administrative Leave & Authorized Absence

The terms Administrative Leave and Authorized Absence are essentially synonymous (we will use the term Administrative Leave for the purposes of this post).  Further, we distinguish that for the purpose of this article, we are not addressing such leave used by union representatives for official time related to union activities.

Are You Required to Invoke FMLA?

If a federal employee has sufficient leave balances there is no requirement the affected employee first be approved under the FMLA prior to a supervisor approving the use of accrued sick leave (SL) or accrued annual leave (AL) in lieu of sick leave

Making Initial EEO Contact to File a Complaint

Initial contact with an EEO Counselor is a seemingly simple, but incredibly critical task to preserve appeal rights.  This is the very first step in filing an EEO complaint and must be accomplished within forty-five days of the agency’s alleged…

Last Chance Agreement in Federal Service

Last chance agreements (LCA’s) and settlements contain terms agreed to by an (federal) employee, or former employee, and the agency, in which the employee is provided an opportunity to retain (or return to) employment, usually when the agency would otherwise remove, or did in fact already remove, the employee from federal employment.

Union Membership Solicitation in Workplace

Question: “Can a [federal] union official solicit union membership during duty hours or official time?” Response:  Rarely is the Federal Labor Relations Authority (FLRA) as clear on other questions as they are with this question.  Unless your Master Agreement or other negotiated…

Resigning from Federal Service Process

During and following the massive debacle of the “Trump Shutdown”, we received a large number of inquiries.  Among the most prevalent inquiries we received concerned resigning from Federal Service (going to private sector), particularly when Human Resources personnel were not…