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FLRA Member Pizzella on Excessive Interference and Abrogation

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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2013: An Interesting Year for Federal Cases

Since the Federal Labor Relations Authority was inoperative for all but the last week or two of 2013, the most significant cases for practitioners were decided by the Merit Systems Protection Board and the Federal Courts.

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Hot News for 2014: D.C. Circuit Slams FLRA Appropriate Arrangements Decisions

In a January 3, 2014 decision, the Federal Circuit stated: “As explained in this opinion, by adopting two inconsistent interpretations of the same statutory language, the Authority has acted arbitrarily and capriciously”. This deals the FLRA, only back in operation since mid-December, a stinging rebuke on arguably its most extensive political tool, the determination as to what is or isn’t an “appropriate arrangement.”

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A Must Read: MSPB’s Clean Record Settlement Report

Federal Agency advocates, attorneys, HR advisors and adverse action decision makers should make a point of reading the MSPB’s new report titled Clean Record Settlement Agreements and the Law. The report identifies the pitfalls involved in making deals with employees in which the Agency agrees to expunge negative information from an employee’s record in return for a resignation.

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