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.
Case Evaluation for Prospective Clients
In our case evaluation, we note many situations may be “adverse” or otherwise objectionable, not all situations and appeals are actionable.
COVID-19 & Termination of Authorized Telework
Significant confusion exists across the federal workforce concerning telework authorized as a result of the COVID-19 pandemic.
Mediation and Settlement Service Announcement
Employees engaged in pro se administrative litigation (for example, EEOC complaints or MSPB appeals) often just seek assistance during specific components of a process in an effort to save money.
Responding to Proposed Suspensions
Employees facing discipline must be responsive to the agency notice. It is important affected employees act quickly and immediately begin preparing a reply as appropriate. Even if an employee does not intend to challenge the proposed action, an employee may effectively mitigate the proposed action to a lesser degree or achieve an alternative outcome.
MSPB Right to Counsel Not Absolute
Recently, a Federal employee argued the Merit Systems Protection Board (MSPB) “abused its discretion” by failing to appoint (and pay for) an attorney to represent her.
Worker Compensation & Union Officials
Federal union officials engaged in authorized (by agency) representational activities are covered by the Federal Employees Compensation Act (FECA). However, union representatives engaged in the internal business of a labor organization or not on authorized time are not covered.
Unpleasant Work Environment is Not Unlawful
An unpleasant work environment is not the same as a hostile work environment (HWE) within the meaning and application of actionable discrimination law and concepts.
Timeliness in Disciplinary & Adverse Actions
Timeliness in Disciplinary & Adverse Actions This question involves the general topic of timeliness in disciplinary adverse actions. “ “Can a disciplinary (suspension w/out pay of 14 calendar days or less) or adverse (suspension w/out pay of 15 calendar days…
MSPB Judge’s Handbook as a Resource
Reviewing the MSPB Judge’s handbook, whether you are a union representative representing an employee in an adverse action under appeal at the Merit Systems Protection Board, or you are an employee representing yourself, can prove a valuable resource and an…
Whistleblowing
Whistleblowing involves disclosure of information an employee or applicant reasonably believes evidences a violation of law, rule, or regulation; gross mismanagement; gross waste of funds; abuse of authority; or a substantial and specific danger to public health or safety.
EEO Process Chart for Federal Employees
One of the most common questions we receive concerns the Federal Equal Employment Opportunity (EEO) complaint process. Yes, without question, the process can be confusing to the uninitiated. This is why there are numerous published EEO complaint process charts.
“In Lieu Of” Removal in Federal Service
Federal employees faced with removal possess the ability to resign prior to the effective date of the removal action. Employees otherwise eligible for retirement maintain the ability to retire prior to and after the effective date of removal.
Probationary Employee? Maybe Not.
Consultants from InformedFed experienced an increase in the number of cases in which a federal employee receives notice of probationary period termination, but is in fact not an employee on probation.
Constructive Suspension in Federal Suspension
An employee’s voluntary absence from duty is never appealable. In all instances of forced leave status (“enforced leave”) resulting in either 1) loss of pay for 14 days or less or 2) “loss” of leave of 14 days or less OR the placement of the employee into a status that….