Tag: Grievance

Grievance Presentation

Grievance Presentation by federal and state level unions rely on negotiated grievance procedures primarily for contract enforcement.

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. 

Performance Awards & Negotiable Aspects

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.

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.

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….

When to Contact a Consultant

When should I contact a consultant? Should I wait until the Agency proposes an action or makes a decision?” What about for an EEO Complaint?

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.