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A Dispute That Could Only Arise Between Public Employees and a Governmental Agency
Federal agencies and federal employee unions have their own agendas with the result being disputes going on for years that seem to defy logic. The appeals court calls this case the "sort of dispute that could only arise between public employees and a governmental agency."

Posted: June 16, 2009 | Full Story | Discuss this Article

Delivering Mail and Kissing The Customer Leads to Removal
A mail carrier was accused by a woman of stepping into her house to personally deliver mail to her, pushing her behind a door, grabbing her and kissing her. He denied her version of events but was fired and his appeal was upheld by the MSPB. The case then went to federal court.

Posted: June 10, 2009 | Full Story | Discuss this Article

The Third Time is the Charm
A former Navy employee argued, in effect, that he did his job well and that removal was an unduly harsh penalty. The Merit Systems Protection Board thought removal was appropriate after the agency had imposed three disciplinary actions. The case then moved into federal court.

Posted: June 8, 2009 | Full Story | Discuss this Article

Joking With a Knife Leads to Removal
An explosives operator at Pine Bluff Arsenal told a co-worker he would "cut the buttons off her overalls" with the knife he was holding. She was not amused at the "joke" and the employee was fired. The appeal by the fired fed eventually went to a federal court.

Posted: May 29, 2009 | Full Story | Discuss this Article

Premium Pay for Part-Time Federal Employees
Part-time employees have long been denied premium pay. A new decision from a federal court may change that practice as the court sends a case back to the lower court after concluding that an employee includes "those who work for pay."

Posted: May 26, 2009 | Full Story | Discuss this Article

"John Doe" Fired After Taping Sexual Encounters With Co-Workers; Court Sends Case Back to MSPB
An FBI agent fired for taping his sexual encounters with three women, including two co-workers, had some success before the Federal Circuit. The court sent the case back to the MSPB for more work on the question of "nexus" between the agent's conduct and his work as an FBI agent.

Posted: May 14, 2009 | Full Story | Discuss this Article

Criminal Investigator Helping Mom Become US Citizen Stays Fired
A Criminal Investigator with the Department of Homeland Security who was fired for misconduct in connection with helping her mother try to win U.S. citizenship went to court to try and keep her job. The court sustains the MSPB conclusion that she should be fired.

Posted: May 14, 2009 | Full Story | Discuss this Article

A Hole in the Zero Tolerance Policy
In a Postal Service case, the court finds an agency may establish a zero tolerance policy leading to automatic removal. In this removal case, an employee fired for getting into a physical altercation on agency property gets returned to the MSPB "for an appropriate remedy in favor of (the employee)..."

Posted: April 27, 2009 | Full Story | Discuss this Article

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