MSPB Disagrees with Agency Decision, Changes Case Law in Response

In a reversal of 30 years of precedent and, arguably the view of the Federal Circuit Court of Appeals, the MSPB has changed its case law on an Agency’s obligations in removing employees when the employee refuses a directed reassignment. The author points out that this Board appears on a mission to limit agency discretion despite history and precedent.

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.