The Dewey Publications Podcast

Topics discussed this week by Peter Broida: Smith v. McDonough (Fed. Cir. 20-1354) (April 24, 2021) (valuation of counsel fee requests for case reviews) OPM Guidance on labor-management partnerships and pre-decisional involvement (May 18, 2021) Buy Dewey books at deweypub.com

One topic discussed this week by Peter Broida: United States v. Arthrex, Inc. (Supreme Court No. 19-1434) ( June 21, 2021); Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida: Beck v. Dept. of Navy (Fed. Cir. 2019-1205) (May 14, 2021) (USERRA; preselection); Buy Dewey books at deweypub.com

The hundredth podcast: Tribute to Ernie Hadley and Reflections on the State of Civil Service Law

Several items of interest are discussed this week by Peter Broida: NLRB and NLRBU , 72 FLRA 133 (March 14, 2021) (jurisdiction of arbitrator to review agency decision on debt collection); Santos v. NASA (Fed. Cir. 2019-2345) (proof of unacceptable performance before institution of a PIP); OPM Guidance to Agency Heads for Implementation of Executive Order 14,003 (March 5, 2021) Buy Dewey books at d...

Several items of interest are discussed this week by Peter Broida: Executive Order 14003 (Jan. 22, 2021), revoking Trump Executive Orders and Schedule F; Holmes v. USPS (Fed. Cir. 2019-1973 Feb. 8, 2021) (significance of arbitration awards in MSPB analysis of disparate penalties); Huang v. DHS (9th Cir. 20-70242 Jan. 15, 2021 NP) (lack of whistleblower protection for inappropriate comments to supe...

Several items of interest are discussed this week by Peter Broida: POPA and PTO , 71 FLRA 1223 (Dec. 23, 2020) (Effect of EO 13837 on negotiability of official time and allowances, subjects of bargaining); DOJ Bureau of Prisons and AFGE Local 3690 , 71 FLRA 1247 (Dec. 29, 2020) (official time and the "carve out" doctrine); DHS C&BP and AFGE Local 1929 , 72 FLRA 3 (2021) (bargaining obligations...

Several items of interest are discussed this week by Peter Broida: DOJ, Executive Office of Immigration Review and Nat’l. Ass’n. of Immigration Judges, 71 FLRA 1046 (2020) (Nov. 2, 2020) (unit [management] status of judges) Hessami v. MSPB (Fed. Cir. 2019-2291 Nov. 9, 2020) (analysis required by MSPB for nonfrivolous IRA allegations)

Several items of interest are discussed this week by Peter Broida: Dept. of Agriculture , OGC (Statement of Policy & Guidance, 71 FLRA 986 (Sept. 30, 2020) (effect of rollover, renegotiation, or continuation of contracts on government-wide or agency regulations blocked by existing contract) Dept. of Education , (Statement of Policy and Guidance, 71 FLRA 968 (Sept. 30, 2020) (threshold level of cha...

Several items of interest are discussed this week by Peter Broida: Jenkins v. DOT (Fed. Cir. 2019-2075 August 6, 2020 NP) (off-duty speech and nexus); National Right to Work Legal Defense Foundation, Inc., 71 FLRA 923 (August 19, 2020) (official time of union officials for lobbying); Dept. Of Agric., OGC and AFGE Local 1106 , 71 FLRA 910 (August 12, 2020) (stays of FSIP orders); Aviles-Wynkoop v....

Several items of interest are discussed this week by Peter Broida: Kent v. MSPB (Fed. Cir. August 5, 2020 NP) (probationary appointments; reappointment authority); Jenkins v. DOT (Fed. Cir. August 6, 2020) (nexus and off-duty conduct impacting the workplace); NWSEO v. FLRA (D.C. Cir. July 31, 2020) (scope of FLRA review of arbitrator’s contract interpretation); MSPB virtual hearing procedures

Several items of interest are discussed this week by Peter Broida: AFGE Local 3430 and DHHS, NIOSH , 71 FLRA 881 (July 13, 2020) (proper support for positions taken in negotiability appeal); AFGE Local 1929 v. FLRA (D.C. Cir. 19-1069 June 9, 2020) (conditions of employment and working conditions) Young v. MSPB (Fed. Cir. 2019-2269 June 11, 2020) (IRA does not include EEO reprisal) Cerulli v. DOD (...

Several items of interest are discussed this week by Peter Broida: Wine v. MSPB (Fed. Cir. May 21, 2020 NP) (Special Counsel as IRA respondent) Air Force, Warner Robins AFB and AFGE Local 987 , 71 FLRA 758 (2020) (election of remedies: EEO/grievance) VA Gulf Coast Healthcare System and AFGE Local 1045 , 71 FLRA 752 (2020) (whether an arbitrator’s email is an award subject to exceptions to FLRA)

Several items of interest are discussed this week by Peter Broida: Sayers v. VA (Fed. Cir. 2018-2915) (March 31, 2020) (retroactivity of 2017 statute governing evaluation by MSPB of VA misconduct adverse actions); Noffke v. Dept. Defense (Fed. Cir. 2019-2193 NP) (April 8, 2020) (use of swipe records in AWOL cases; hearsay value of OIG reports); SBA v. AFGE Local 288 , 71 FLRA 655 (April 2, 2020) (...

Several items of interest are discussed this week by Peter Broida: Dept. of Justice, Bureau of Prisons and AFGE Local 614 , 71 FLRA 538 (1/3/2020) (interference: barring union counsel from worksite) Sanchez v. VA (Fed. Cir. 2018-2171) (2/10/2020) (duration of condition of settlement when no time limitation is stated) VA and AFGE Local 2338 , 71 FLRA 533 (1/29/2020) (exceptions jurisdiction: claime...

Several items of interest are discussed this week by Peter Broida: FLRA determinations on Requests for Statements of Policy and Guidance Holland v. MSPB (Fed. Cir. 2019-1388 NP) (Jan. 6, 2020) (constructive suitability appeals) Arthrex, Inc. V. Smith & Nephew, Inc. (Fed. Cir. 2018-2140) (Oct. 31, 2019) (validity of appointments of Administrative Patent Judges)

Several items of interest are discussed this week by Peter Broida: Army Corps of Engineers, Little Rock and IBEW Local 2219 , 71 FLRA 451 (Dec. 4, 2019) (unit definitions; reorganizations); Annalee D. v. Murphy (GSA) , EEOC Recon. 0120170991 (Nov. 27, 2019) (involvement of agency counsel in EEO counseling and investigative processes)

Several items of interest are discussed this week by Peter Broida: McGuffin v. SSA (Fed. Cir. 2017-2433) (Nov. 7, 2019) (USERRA discrimination: trial period termination) AFGE Local 3310 and Dept. Of Army, Corps of Engineers , 71 FLRA 395 (Nov. 7, 2019) (FLSA; good faith; liquidated damages) Dept. of Treasury, IRS and NTEU , 71 FLRA 400 (Nov. 13, 2019) (arbitration: counsel fees) Dept. of Treasury,...

Several items of interest are discussed this week by Peter Broida: Dept. of Army Medical Activity Ft. Meade and AFGE Local 1923 , 71 FLRA 368 (Oct. 10, 2019) (accretion of duties) Presidential Memorandum of October 11, 2019, on Executive Orders OPM Proposed Rules Involving Executive Orders SSA and AFGE Local 3627 , 71 FLRA 355 (Sept. 30, 2019) (remedial authority of arbitrators)

Several items of interest are discussed this week by Peter Broida: Feuer v. NLRB (Fed. Cir. 2019-1390) (Sept. 13, 2019) Mount v. DHS (1st Cir. 18-1762) (Aug. 29, 2019) Tang v. MSPB (Fed. Cir. 18-2188) (Sept. 13, 2019) (oral argument) [search on 2018-2188.mp3]

Several items of interest are discussed this week by Peter Broida: Export-Import Bank and AFGE , 71 FLRA 248 (2019) (definition of professional employee; election requirements when through unit clarification proceeding employees entering the unit exceed 50% of the total unit) Smith v. GSA , (Fed. Cir. 2018-1604) (July 19, 2019) (remand: application of clear and convincing evidentiary standard and...

Several items of interest are discussed this week by Peter Broida: AFGE Local 1633 and VA DeBakey Medical Center , 71 FLRA 211 (July 10, 2019) (attorney fee standards for grievances resulting in payment of benefits, e.g., environmental differential pay) AFGE Local 2076 and DHS, CIS , 71 FLRA 221 (July 10, 2019) (attorney fee standards for grievances resulting in mitigation of minor disciplinary su...

Several items of interest are discussed this week by Peter Broida: Borza v. Dept. Commerce , (Fed. Cir. 2018-1873) (nonprecedential) (May 29, 2019) (arbitration: time-served suspensions) SSA OHA and IFPTE AALJs , 71 FLRA 123 (May 16, 2019) (election of remedies: EEO grievance) DHS C&BP and AFGE Border Patrol Council , 71 FLRA 119 (May 15, 2019) (arbitration: official time justification)

Several items of interest are discussed this week by Peter Broida: Lucia v. SEC (Supreme Court June 2018), and its application to the MSPB Hiller v. DHS , (Fed. Cir. 2018-1244) (nonprecedential) (April 22, 2019) (MSPB prehearing submissions and witness statements) DHS, C&BP and National Border Patrol Council , 71 FLRA 106 (April 10, 2019) (application of "essence" review authority to substanti...

Several items of interest are discussed this week by Peter Broida: Hickey v. DHS , (Fed. Cir. 2018-1585) (nonprecedential) (March 22, 2019) (whistleblower reprisal: counsel fees [Laffey rate]; compensatory and consequential damages)