Tag: Court Cases

Full Appeals Court Clears Way For Expansion of MSPB Review In Suitability Cases

Filed in News by on May 19, 2015 Comments

A few months ago, the appeals court upheld a significant expansion by the MSPB of its jurisdiction over suitability appeals. OPM fought this expansion by requesting that the full Court of Appeals for the Federal Circuit re-hear the case “en banc.” The appeals court has now responded in what is a victory for the Board and a disappointment for OPM.

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Controlling Overtime Budgets Just Got Harder for Agencies

Filed in News by on May 16, 2015 Comments

Federal agencies just got new marching orders from the appeals court on the standards to be applied for when overtime must be paid.

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Reemployed Annuitant Became ‘At Will’ Employee

Filed in News by on April 30, 2015 Comments

A federal employee retired after a reduction-in-force, was reemployed, but finds out the hard way that keeping the annuity flowing means losing civil service protections.

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Gun Purchase Leads to Fed’s Termination

Filed in News by on April 21, 2015 Comments

This former Forest Service employee ran into trouble when he purchased a firearm for a third party and was not entirely up front in filling out the required ATF form.

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Witness Preparation: The Key to Success

Filed in News by on April 10, 2015 Comments

The author says that witness preparation is a very important step in the preparation process for a successful hearing. He recounts some of his own personal experiences to illustrate why he believes this to be so.

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May 100% Official Time for Union Officials be a Per Se Statutory Violation?

Filed in News by on March 26, 2015 Comments

Most federal sector union locals operate on a no cost to them basis. The author asks if it is time for agencies to look at what employees on 100% official time are doing with that time.

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Winning Has Consequences

Filed in News by on March 18, 2015 Comments

An employee flush with victory when the Board ordered her reinstatement perhaps got too bullish in dealing with the agency as it tried to work out her back pay. See how this one unfolded and what the court did with it.

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Snatching Defeat From the Jaws of Victory

Filed in News by on March 10, 2015 Comments

Here’s a strange case where the Air Force and now the district court have refused to let an Air Force ROTC cadet booted out of the program have his cake and eat it too.

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