Search:

Custom Search

Readers' Comments

Total Comments: 7
Page 1 of 1

MSPB Shows Clear Trend Supporting Agency Officials When They Get It Right

article regarding overriding aj decision

Retired Aerospace Engr
USAF Civ.
Thu Nov 30, 2006 9:56 AM

Post Reply

I agree with the conclusion in the first case; however, I suggest that in the latter two cases, the AJ saw through the sham of the suervisor in that the agency wanted to get rid of the person. It would be interesting to see if all persons at the agency were required to submitt leave requests, and if the person showed signs of recovery later in the day they came to work.

Re: article regarding overriding aj decision

op supe
faa
Thu Nov 30, 2006 4:47 PM
Let's see. You agree with example 1: supe gets fired for misconduct.

Examples 2 and 3 to you are problematic. You somehow concluded that these profiles were instances where supervisors created 'shams' to get rid of two employees they didn't like.

In other words, if a supervisor is not being disciplined/fired, then the case must be an absolute 'sham.' That's some really objective thinking. What's the name of that song...."I see your true colors..."

Snide comments

Specialist
DOT
Thu Nov 30, 2006 11:39 AM

Post Reply

Reporting the facts of the case are sufficient for us to make our own determinations. Gibson's snide comments are as useless as the half time quarterbacks calling a foot ball game. MUTE IT!

Re: Snide comments

op supe
faa
Thu Nov 30, 2006 4:54 PM
That kinda depends on which direction your thinking is coming from. I found his comments to be both honest and accurate. Your rude approach, along with your anonymous address (specialist, DOT) lead me to think you might have an ax to grind. Are you, by chance, a union rep?

I know change is not always comfortable, but it has occurred. Might as well get used to it. Or, there's a big world out there full of opportunities.....

Re: Snide comments

HR Specialist
US Agency for International Development
Fri Dec 1, 2006 7:48 AM
I had the good fortune to work with Bob Gilson when I was first beginning my career in employee/labor relations. He was my teacher and sometimes mentor. Over the last 25 years I have been privileged to attend many seminars where Bob shared his knowledge and experience. Never in all of my years of knowing and working with Bob have I ever known him to resort to "snide" comments. Because of his knowledge, experience and professionalism, Bob has no need to stoop to such a level. His ability to express himself clearly and authoritatively on a wide range of LER issues makes such tactics unnecessary. If you have a problem with the position that Bob takes on a particular issue, please feel free to make your best argument. However, you should try to refrain from personalizing the issue. It's just not professional.

Bob - Keep up the good work!

MSPB and penalties

Trainer/Consultant
Former Dept. of the Navy
Fri Dec 1, 2006 10:27 AM

Post Reply

Thanks for the article and and analysis, Bob. After reading these case summaries, I'm reminded how often the MSPB and its AJ's have violated one of the essential precepts of it's 1981 Douglas decision. To wit:
"Only if the Board finds that the agency failed to weigh the relevant factors, or that the agency's judgment clearly exceeded the limits of reasonableness, is it appropriate for the Board then to specify how the agency's decision should be corrected to bring the penalty within the parameters of reasonableness."
I'm just wondering if Bob is pointing out a real change in philosophy with the MSPB, or just looking a cases where the AJ took liberties and got spanked by the full Board. The latter phenomenon has been observable for decades.
The most obnoxious practice I gleaned from these examples (and it's been going on for decades too) is the 90-day suspension. Would a private sector employee ever consider such a penalty? Wouldn't they just move on to removal?

why they tossed his NCIS statement

eism mechanic with the dod
frcsw san diego
Sun Apr 15, 2007 11:40 PM

Post Reply

The law look at how long you where held, and if you where given your rights if there is pending criminal actions,

If your held for hours it show they coearsed you to get a statement.

I know they kept me over 8 hour screaming at me, yelling and ignored my request for an attoney and told me flat out "you don't need one" and we can do the the hard way or the easy way,,, they wrote my statement and put where suited them and told me to initial it or else! That isn't even the end of there law breaking.

Total Comments: 7
Page 1 of 1

Add a Comment about this Article

** All fields are required.
Note: Your comments will not show up right away. FedSmith.com selects the most insightful comments from our readers for posting. If selected, your comments will show up in the comments section after they have been reviewed and approved. See our terms of use for more information.