Tag: Court Cases

DC Circuit Reverses FLRA Again For Exceeding Its Authority

Filed in News by on June 5, 2014

On June 3, the D.C. Circuit again reversed the FLRA for interpreting a law other than its own. The case, involving the negotiability of union proposals limiting Agency Inspector General investigations to procedures bargained with a union, demonstrated the Court’s continuing refusal to defer to an FLRA interpretation of a law other than the one it administers. The author suggests practitioners read the complete decision but addresses the highlights in his article.

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Government Pays the Price for Making Fed Employees Depressed

Filed in News by on May 20, 2014

When employees are not happy, employers – often unwittingly – pay the price. The author says that federal agency managers must not lose sight of this as they strive to operate with smaller and smaller budgets.

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Unprofessional, Uncivil and Somewhat Boorish

Filed in News by on May 4, 2014

According to the appeals court, “somewhat boorish” actions of supervisors at Merit Systems Protection Board were the “ordinary tribulations of the workplace,” and did not add up to an actionable hostile work environment.

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Volunteer Jury Duty Leads to Firing

Filed in News by on April 24, 2014

A fired Navy employee who tried to avoid relocation to D.C. by volunteering to serve on a grand jury has lost in her third round before the appeals court.

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Practice Makes Perfect

Filed in News by on April 16, 2014

This is yet another case where a retired employee’s failure to designate his wife-in this case his fifth-to receive a survivor’s annuity means she gets nothing.

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FLRA Member Pizzella on Excessive Interference and Abrogation

Filed in News by on April 15, 2014

In a negotiability case involving SSA and AFGE, FLRA Member Pizzella reminded the other members of a recent court ruling reversing a decision and taking those members to task for a theory that the court concluded ended up with two separate results on the same issue depending on which process it arose in. Member Pizzella’s opinion is quoted verbatim in the article and the author suggests it’s worth a read by practitioners.

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Breach of Settlement Agreement May Lead to Monetary Damage Award

Filed in News by on April 9, 2014

The Merit Systems Protection Board is not the only forum to challenge OPM’s breach of its settlement agreement with a fired employee. He now gets his day in the claims court to seek monetary damages according to the appeals court.

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Supreme Court Backs Federal Circuit Over MSPB on Position Sensitivity Cases

Filed in News by on April 1, 2014

In denying a hearing on the matter (certiorari), the Supreme Court backed the Federal Circuit in setting limits on the MSPB’s jurisdiction to hear appeals of removals or other actions taken by an Agency when an employee loses the ability to hold a “sensitive” government job. As the author points out, many more Federal employees hold positions with a sensitive rating than do those with security clearances.

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