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MSPB announced on 11/8/2013 that it planned to change the way it adjudicates jurisdiction claims by altering its regulations. The Author suggests that anyone involved in appeals before the Board should read this article and respond to the Board’s request for comments by practitioners. As a part of its effort, the Board has prepared a useful chart called Elements/Issues in MSPB Appeals that is worth reading.
MSPB has published statistics on case handling for the last two years. The numbers for cases before Administrative Judges are remarkably consistent, while full Board cases appear skewed in a different direction. The author suggests advocacy would benefit from some Board studies on the basis for decisions and departure from precedent if indeed such is the case.
The Author points out major mistakes in OPM’s Guidance on Furlough Shutdowns. The Author suggests OPM lacks the career skill base to offer proper information and guidance to Agencies and furloughed workers.
On Friday, October 11, the U.S. Office of Personnel Management updated its Furlough Guidance website with new information on furloughs. Please read this article to get information on obtaining the guidance.
The Senate Committee on Homeland Security & Governmental Affairs held hearings on the pending confirmations of all three FLRA nominees on September 25. The author suggests that Federal LR practitioners watch the session which is about 1 ½ hours in length to get an appreciation of how the process works and how almost no discussion of substance took place.
The Merit Systems Protection Board signals its approach to furlough appeals in first two cases. The Board appeared to find that Agencies have broad decision making authority about where and how to take spending cuts but Agencies must treat employees in a “fair and even manner”. The author thinks that what that means is yet to be decided.
Robert (Bob) J. Gilson has expertise in Federal sector labor and employee relations. He began his Federal career with the U.S. Civil Service Commission (later OPM).
Bob held managerial, advocacy and advisor positions with OPM, Navy, Army, Treasury and the National Transportation Safety Board. He served as chief negotiator on numerous labor agreements in the U.S. and abroad. He represented his agencies before the FLRA, FSIP, MSPB, EEOC and arbitrators. The recipient of numerous awards, Bob was also principally responsible for working cases involving adverse actions for conduct and performance at all levels including Senior Executives. Bob retired from Federal service is currently a senior associate with RGS Inc. RGS is the successor to GRA Inc. whose work is familiar to many of you.
He has trained literally thousands of Federal negotiators, practitioners, supervisors and managers for over 40 years. He has been a Fedsmith author for more than 8 years. Bob is a frequently invited speaker at national conferences on labor and employee relations. Projects included advising and training managers on bargaining and over the last few years serving as chief negotiator for several Agencies. Bob is currently working on a major project to develop bargaining preparation tools, basic and advanced training, and Agency negotiation strategies. If you need to get in touch, you can always reach Bob through FedSmith.com.
Bob is the author or co-author of eight books for Federal managers.