“Efficiency of the Service”: Easier Said Than Defined
With prospects of the U.S. going over a “fiscal cliff” at the end of the year, there is much talk about improving government efficiency.
Court Cases
Read summaries of court cases and decisions that impact federal employees and retirees.
Did FLRA Make a Sneaky Decision?
In a recent case, FLRA appears to play fast and loose with the statute to retain its ability to decide whether or not a union proposal was an “Appropriate Arrangement”. While the Authority found four proposals non-negotiable, it did so apparently to retain control of such outcomes rather than address the Agency’s argument that the proposals were permissive. For practitioners, it’s worth a read.
The Agency Gets Three Strikes Against It in this Court Decision
A letter carrier fired for “improper conduct” when he allegedly struck his supervisor, has been handed a victory when the appeals court threw out the case and ordered the Merit Systems Protection Board to go back to the drawing board.
Whistleblowing is Not a Slam Dunk Defense in Termination Action
An HR specialist who played fast and loose with the agency’s rules and procedures could not fend off his termination with a whistleblower defense where the agency proves it would have removed him despite the alleged whistleblowing.
Recent Court Decision Highlights Repeated FLRA Statutory Violations
Recently, the Federal Circuit Court of Appeals told the MSPB, in no uncertain terms, to stay out of the position sensitivity determination business. The Federal Labor Relations Authority has repeatedly second guessed Agencies in these matters. These FLRA decisions are not challengeable except in the Unfair Labor Practice arena. The author asks if it is time OPM and/or Agencies stepped up to the plate and took on the FLRA.
Federal Circuit Stresses Security Removal Options Over MSPB
In a landmark case (Berry v. Conyers), the Federal Circuit Court of Appeals tells Agencies that if an employee no longer is able to hold a “sensitive” position, the removal is not subject to “Adverse Action” rules or appealable to MSPB. While the principle is not new, the Court decision begs the question of why Agencies don’t use this flexibility more often.
Government Grows Disabled Worker Ranks, Struggles to Curb Disability Discrimination
The federal government is getting better at hiring individuals with disabilities, but the author says that based on his experience, there is room for improvement.
Former AFGE Border Patrol Council President Indicted
The former president of the National Border Patrol Council was recently indicted on 13 criminal charges.
No Constitutional Tort Suit Against Former DoD Secretary Rumsfeld
A U.S. citizen claiming to have been victimized by extraordinary detention and interrogation in Iraq will not be able to sue the former Defense Secretary personally for violation of his constitutional rights according to this recent appeals court decision.
Scared Silent? Whistleblower Disclosures Drop
For the first time in four years, new whistleblower disclosures received by the Office of Special Counsel dropped.
