The Dewey Publications Podcast

Topics discussed this week by Peter Broida: Talley v. NRC , DC-3443-22-0447-I-1 (3/22/2024) (NP) (adverse action jurisdiction and locality pay) Cledera v. DOJ , DA-0752-21-0013-I-3 (3/25/2024) (NP) (due process; ex-parte information) Flannigan v. Dept. of Air Force , DC-0752-13-0367-I-4 (3/11/2024) (NP) (expert testimony; Daubert) Bureau of Prisons, FCC Victorville and AFGE Local 3369 , 73 FLRA No...

Topics discussed this week by Peter Broida: New MSPB e-appeal system. Wriglesworth v. Dept. of Army , DC-0752-15-0860-1-2 (1/9/ 2024) (NP) (discovery and motions to compel) Luna v. DHS , 2024 MSPB 2 (1/10/2024) (misconduct investigations and immunity for criminally inculpatory information) Kelly v. TVA , 2024 MSPB 1 (1/5/2024) (adjustment of counsel fee hourly rates for delayed payment in mixed ca...

Topics discussed this week by Peter Broida: New MSPB e-appeal system. Trial of ChatGPT in our little area of the law. Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Consumer Financial Protection Bureau and NTEU Chapter 335 , 73 FLRA 670 (Sept. 26, 2023) (approach to use in applying excessive interference test when arbitration awards involving arrangements clauses are challenged as violating statutory management rights); Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Troy v. Dept. of Army , AT-0752-21-0259-I-1 (8/4/2023) (NP) (Individual Reliability Program certification); Godby v. VA , CH-1221-21-0147-W-1 (8/14/2023) (NP) (IRA burden of proof: nonselection); ABA Formal Opinion 508 (8/5/2023) ("The Ethics of Witness Preparation"); Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: McCray v. VA, CH-1221-16-0553-W-1 (7/27/2023) (NP) (hostile environment allegations in IRA appeal) Allen v. Dept. of Navy , DC-4324-16-0698-I-1 (7/20/2023) (NP) (counsel fees; prevailing party) Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: AFGE Local 547 and Haley VA Hospital , 73 FLRA 581 (6/15/2023) (elections of remedies) Hanuschik v. Dept. of Army , SF-1221-16-0236-W-1 (6/15/2023) (NP) (hostile environment in IRA appeals) Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Ramirez v. Postal Service , SF-0752-18-0324-I-1 (NP May 5, 2023) (case suspensions); Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Discussion of current events and operations at MSPB, FLRA, and OPM; Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: FLRA decision on petition to amend rules on requests for policy and guidance. 73 FLRA 428 (2/9/2023) OPM memo of January 26, 2023, to agencies concerning bargaining unit exclusions Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Doe v. Dept. of State , 2022 MSPB 38 (Nov. 29, 2022) (counsel fees); Haas v. DHS , 2022 MSPB 36 (Nov. 7, 2022) (medical inability to perform); AMC Redstone Arsenal and NFFE Local 1332 , 73 FLRA 356 (Dec. 8, 2022) (interlocutory exceptions); Marine Corps, Twentynine Palms, and AFGE Local 2018 , 73 FLRA 379 (Dec. 9, 2022) (temporary promotions); Buy Dewey...

Topics discussed this week by Peter Broida: Doyle T. v. Air Force , EEOC 2022004281 (9/30/2022) (disability discrimination); Thomas v. Dept. of Army , 2022 MSPB 35 (10/20/2022) (inappropriate workplace conduct); Chin v. DOD , 2022 MSPB 34 (10/7/2022) (mitigation: dissent by Member Leavitt) Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Oram v. Dept. of Navy , 2022 MSPB 30 (Aug. 31, 2022) (VEOA); Johnson v. Dept. of Air Force , Fed. Cir. 2021-1579 (Sept. 26, 2022) (due process); Kotsis v. Dept. of Transportation , MSPB AT-0432-16-0006-I-1 (Aug. 9, 2022) (ADA) Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: NTEU v. FLRA (D.C. Cir. 20-1400 August 2, 2022) (reviewing FLRA Guidance); Bishop v. Dept. of Agric. , 2022 MSPB 28 (August 18, 2022) (scope of IRA/EEO allegations) Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: AFGE Local 13 and Dept. of Army, Rock Island, Illinois , 73 FLRA 125 (July 21, 2022) Martin v. USPS , 2022 MSPB 22 (July 20, 2022) Collazo v. USPS , PH 3443-21-0263-I-1 (July 29, 2022) Buy Dewey books at deweypub.com

Topic discussed this week by Peter Broida: Comparators: Where are we going? Singh v. USPS , 2022 MSPB 15 (May 31, 2022) Buy Dewey books at deweypub.com

Topic discussed this week by Peter Broida: Lee v. VA , 2022 MSPB 11 (5/12/2022) Edwards v. Dept. of Labor , 2022 MSPB 9 (5/5/2022) Newly-confirmed Member at FLRA Buy Dewey books at deweypub.com

Topic discussed this week by Peter Broida: State of the Board Rossbach v. Dept. of Interior , DC-315I-14-0066-B-1 (3/30/22) Shibuya v. Dept. of Agriculture , DE-1221-09-0295-B-1 (3/31/22) Buy Dewey books at deweypub.com

Topic discussed this week by Peter Broida: Permissive Bargaining and President Biden’s Executive Order Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: AFGE Local 3369 and SSA , 72 FLRA 619 (Jan. 14, 2022) (exceptions jurisdiction: matters collateral to removals) DOJ Executive Office for Immigration Review and Nat'l. Ass'n. of Immigration Judges , IFPTE, 72 FLRA 622 (Jan 21, 2022) (management/unit status of Immigration Judges) Smolinski v. MSPB (Fed. Cir. 2021-1751 Jan. 19, 2022) (whistleblower hostile...

Topics discussed this week by Peter Broida: Executive Order 14025 (April 26, 2021) and OPM Guidance ("Worker Organizing and Empowerment") Restrictions on bargaining: zipper clauses, the "covered by" doctrine, and waivers during negotiations Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Knapp v. MSPB (Fed. Cir. 2020-2122 Nov. 17, 2021 NP) (IRA jurisdiction on matters related to clearance suspension) Alvarez v. Azar (D.MD. CA CCB-20-2626 Sept. 23, 2021) (attempt to prevent HHS from lodging objections to authority of MSPB AJs to adjudicate appeals) Davis v. MSPB (ED Ill. No. 20-cv-2139 Nov. 9, 2020) (attempt to prevent MSPB AJs from grant...

Topics discussed this week by Peter Broida: Potter v. VA (Fed. Cir. 2021-1460) (October 25, 2021) (IRA factual and contributing factor (Cat's Paw) analysis). Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: DHUD and AFGE Local 3972 , 72 FLRA 450 (August 27, 2021) (jurisdictional defect in arbitration: union's failure to provide management a contractually-required notice of intent to invoke arbitration); Marine Corps Air Ground Combat Center and AFGE Local 2018 , 72 FLRA 473 (September 15, 2021) (jurisdictional defect in arbitration: untimely grievance and a...

Topics discussed this week by Peter Broida: The "clear and convincing" evidentiary standard and judicial interpretation: Insurance Co. v. Nelson , 103 U.S. 544 (1880); Helvering v. Fitch, 309 U.S. 149 (1940); Allentown Mack Sales & Serv. v. NLRB , 522 U.S. 359 (1998); Addington v. Texas , 441 U.S. 418, 425 (1979); California ex rel. Cooper v. Mitchell Brothers Santa Ana Theater , 454 U.S. 90,...