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…
42 search results for "adverse"
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.
Performance Standards & Plans Overview
Performance standards and plans are convoluted by years of wrongly held preconceptions by all parties, layers of agency regulations, collective bargaining terms, statutory law, federal regulations, and a body of seemingly confusing and contradictory case law.
Mixed Case or Mixed Appeal EEO Complaint
The world of federal employee labor relations, like other similar fields of practice, is incredibly nuanced. Many times, we are asked the difference in such nuances and mixed cases and appeal definitions are constant questions.
Ward Violation (Due Process in Federal Sector)
A Ward violation (Ward v. USPS, 111 FMSR 183 (Fed. Cir. 02/17/11) occurs when a deciding official considers information not previously noticed to the employee via the proposal notice.
MSPB and EEO Discovery Opportunity
MSPB and EEO discovery processes, though complex and laborious, can significantly benefit employees in those forums.
The “Agency File” MSPB Schedule 752
This article is intended to introduce the concept and purpose of an “Agency File” subsequent to a Merit Systems Protection Board Acknowledgement Order (AO).
Excused Absence for Inclement Weather
With the recent outbreak of severe weather, we received many inquiries from federal employees concerning Excused Absence (also called “Authorized Absence” and even “Administrative Leave” by some agencies).
Social Media in Fed Workspace
Facebook, Twitter, Instagram, Snap Chat, and a host of other social media tools are increasingly becoming a topic of conversation and disciplinary assessment in many Employee and Labor Relations sections. Many social media related issues are beginning to percolate through…
e-Mail Monitoring at Work
e-Mail monitoring at work, whether public or private sector, is a sensitive issue. The key to remember is that it is not yours.
Crime Provisions Affecting Federal Employees
Background Question “My agency proposed I be indefinitely suspended under the ‘crime provisions.’ What is that?” Response Office of Personnel Management (OPM) regulations (5 CFR 752.402(e)) permit agencies to place employees on indefinite suspension pending completion of investigation or criminal proceedings when…
SF 50 Codes (Nature of Action & Legal Authority)
While it is true we could not have come up with a more boring title for this article, we frequently field questions concerning the SF-50 Notification of Personnel Action, and more specifically, the enigmatic Nature of Action and Legal Authority…
Agency ELR Specialists (Agency Role)
Background Question “What is the role of the agency ELR Specialists? What is their education level? What is their grade level ?” Response Agency ELR Specialists are specialized human resources personnel with a primary, if not only, specialization in the…
Reasonable Accommodation & Unexpected Consequences
This article is not intended to provide detailed instructions in applying for Reasonable Accommodation. Each circumstance and set of facts is unique and instructions are specific in that regard as well as internal agency regulations. Instead, this article is intended to…
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.
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.
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.