The Dewey Publications Podcast

Several items of interest are discussed this week by Peter Broida: VAMC Orlando and AFGE Local 2779 , 71 FLRA 13 (Feb. 8, 2019) Ryan v. DOD (Fed. Cir. 2018-1524) (nonprecedential) (Feb. 13, 2019) Dobyns v. United States (Fed. Cir. 2015-5020) (precedential) (Feb. 6, 2019)

Several items of interest are discussed this week by Peter Broida: Koester v. US Park Police (Fed. Cir. 2017-2613) (nonprecedential) (Jan. 3, 2019) (evaluation by arbitrator of new evidence concerning mitigation)) Do v. HUD (Fed. Cir. 2018-1147) (precedential) (Jan. 14, 2019) (due process errors resulting when MSPB sustains adverse action on a charge not noticed)) EPA and AFGE Council 238 , 70 FLR...

Several items of interest are discussed this week by Peter Broida: SBA and AFGE Local 3841 , 70 FLRA 729 (July 19, 2018) (factors required to establish entitlement to a temporary promotion under a labor contract) VA Medical Center Richmond and AFGE Local 2145 , 70 FLRA 900 (October 12, 2018) (discretion of arbitrator in determining issues and remedies in the absence of a stipulated issue) OPM Inte...

Several items of interest are discussed this week by Peter Broida: Dept. of Justice, Bureau of Prisons and AFGE Local 3978 , 70 FLRA No. 140 (July 13, 2018) (arbitration: FLSA overtime analysis: "principal activities") Dept. of Navy, Puget Sound and Bremerton MTC , 70 FLRA No. 152 (Aug. 13, 2018) (arbitration: past practice and missing contract language) Dept. of Treasury, IRS and NTEU , 70 FLRA 8...

Several items of interest are discussed this week by Peter Broida: Federal District Court Decision in AFGE v. Trump (enjoining enforcement of portions of May 25, 2018 executive orders affecting union representation, official time, and scope of grievance procedures) Villareal v. Bureau of Prisons (Fed. Cir. 2017-2275 Aug. 24, 2018) (timeliness of adverse action decisions; switch in deciding officia...

Several items of interest are discussed this week by Peter Broida: 13,836: Executive Order Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining; 13,837: Executive Order Ensuring Transparency, Accountability, and Efficiency in Taxpayer Funded Union Time Use; 13,839: Executive Order Promoting Accountability and Streamlining Removal Procedures Consiste...

Several items of interest are discussed this week by Peter Broida: EPA and NTEU , 70 FLRA 533 (May 3, 2018) (unit clarification: location of employees on telework); DHS C&BP and AFGE NBPC Local 1929 , 70 FLRA 501 (April 30, 2018) (working conditions and conditions of employment distinguished); Dept. of Navy , Norfolk and IBPO Local 800, 70 FLRA 512 (May 2, 2018) (ULP/grievance elections for ch...

Several items of interest are discussed this week by Peter Broida: Dept. of Justice, Bureau of Prisons and AFGE Local 817, 70 FLRA 398 (Feb. 22, 2018) (arbitration awards and the excessive interference standard of review); Dept. of Navy and IFPTE Local 4 , 70 FLRA 429 (March 20, 2018) (timeliness of exceptions to arbitrator's award); Bonny R. v. Dept. of Agriculture , EEOC OFO 0120160799 (Jan 25,...

Several items of interest are discussed this week by Peter Broida: Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (agency training requirements); Delgado v. MSPB (7th Cir. No. 16-1313 Jan. 29, 2018) (whistleblowing: adequacy of pleading to OSC and MSPB); Dept. of Justice v. FLRA (D.C. Cir. 16-1301 Nov. 17, 2017) ("covered by" doctrine); Dept. of Treasury, BEP and NTEU , 70 FLRA 359 (Ja...

Several items of interest are discussed this week by Peter Broida: U.S. Capitol Police v. Office of Compliance , ___F.3d___ (Fed. Cir. 2018) (Letterkenny analysis in unfair labor practice case); Dept. of Labor, OSHA and Greenlaw , 70 FLRA 353 (2/2/2018) (unit clarification process to determine bargaining unit status for person seeking to file a grievance to challenge an adverse action); Henderson...

Several items of interest are discussed this week by Peter Broida: Certiorari Petition: Vocke v. MSPB (equitable tolling of Federal Circuit deadline for filing judicial petitions for review of MSPB decisions) Parkinson v. DOJ , ___F.3d___ (Fed. Cir. 2017) (FBI agents lack whistleblowing affirmative defense in MSPB adverse action appeals) Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (...

Several items of interest are discussed this week by Peter Broida: Piccolo v. MSPB (Fed. Cir. 2016-2374 Sept. 7, 2017) (the essence of nonfrivolous allegations in an IRA case); Craine v. National Science Foundation (10th Cir. 16-9536 April 26, 2017) (whistleblower protections for employees of federal contractors); Miskill & AFGE Local 1923 v. SSA (Fed. Cir. 2016-1598 July 20, 2017) (arbitratio...

Several items of interest are discussed this week by Peter Broida: Perry v. MSPB (Supreme Court June 23, 2017) (district court jurisdiction to review MSPB mixed-case jurisdictional dismissals); Follow the Rules Act; Act Authorizing Single MSPB Member to Extend OSC Stays in the Absence of a Board Quorum; Department of Veteran Affairs Accountability and Whistleblower Protection Act of 2017

Several items of interest are discussed this week by Peter Broida: Presidential Executive Order of April 27, 2017, directing establishment of Department of Veterans Affairs office for whistleblower and disciplinary oversight. AFGE Local 1482 and Dept. of Navy, Marine Corps , 70 FLRA 214 (May 9, 2017) (arbitrator's treatment of counsel fee application). Peter Broida's May 11, 2017, wish list to MSP...

Several items of interest are discussed this week by Peter Broida: Federal Labor Relations Authority 2017 Budget Justification ( www.flra.gov/system/files/webfm/FLRA%20Agency-wide/Public%20Affairs/CBJ/FY17%20CBJ%20FINAL%20(2.9.16%20submission).pdf ); OPM Workforce Reshaping Operations Handbook: A Guide for Agency Management and Human Resource Offices ( www.opm.gov/policy-data-oversight/workforce-r...

Several items of interest are discussed this week by Peter Broida: Abe K. v. Vilsack, Dept. of Agric. (EEOC 0120141252) (sanctions denied for late FAD); Alfred S. v. Colvin, SSA (EEOC 0120140900) (Jan 6, 2017) (sanctions imposed for failure to comply with discovery orders); Dept. of Air Force, Luke AFB v. FLRA (D.C. Cir. 15-1208 Oct. 14, 2016) (nonnegotiability of matters statutorily entrusted to...

Several items of interest are discussed this week by Peter Broida: Sabio v. VA , 2017 MSPB 4 (Jan. 6, 2017) (use of administrative defense orders by AJs); Little v. USPS , 2017 MSPB 5 (Jan. 6, 2017) (timeliness of appeal; delayed receipt of final agency decision); Delorme v. Dept. of Interior , 2017 MSPB 2 (Jan. 4, 2017) (acceptance of settlements in appeals involving jurisdictional disputes).

Several items of interest are discussed this week by Peter Broida: Wilson v. Dept. of Navy (Fed. Cir. 2015-3225 Dec. 7, 2016) (USERRA challenge to employment action resulting from revocation of security clearance); DHS, C&BP v. AFGE Local 3725, 70 FLRA No. 16 (Dec. 2, 2016) (likelihood of a future request for public comment on the criteria for counsel fee awards in cases within the Authority's...

Several items of interest are discussed this week by Peter Broida: Morris v. Dept. of Army , 2016 MSPB 37 (Oct. 31, 2016) (format requirements for PFRs and related submissions); Hess v. USPS , 2016 MSPB 40 (Nov. 18, 2016) (reaffirming the availability of compensatory damages in MSPB cases); Hester S. v. Yang , Chair, EEOC (EEOC 0120121983) (Oct. 24, 2016) (revising the law concerning inclusion in...

Several items of interest are discussed this week by Peter Broida: Gardner v. VA , 2016 MSPB (Oct. 7, 2016) (discrimination and reprisal affirmative defense analytics); Tamara G. v. Yang, Chair, EEOC (EEOC 0120150734) (August 4, 2016) (limitations on the levels of compensatory damages awards); Hau v. DHS , 2016 MSPB 33 (Sept. 19, 2016) (collateral estoppel applied to jurisdictional issues); NAIL,...

Several items of interest are discussed this week by Peter Broida: AFGE Local 2266 and DHS, CBP , 69 FLRA 525 (Aug. 24, 2016) (revisiting and reaffirming the law governing "flagrant misconduct" of union representatives; Scere v. DHS (NP 0752 14 157 I 1) (failure to meet condition of employment: mitigation of removal to reassignment); Walls v. VA (NP DE-0752-13-0278-I-1) (Sept. 7, 2016) (enforcemen...

Several items of interest are discussed this week by Peter Broida: Emanuele v. Dept. of Transportation (NP PH-0752-15-0539-I-1) (Aug. 19, 2016) (elections of remedies: MSPB/grievance); Goeke and Bottini v. Dept. of Justice (CB-0752-15-0228-A-1) (Aug. 12, 2016) (counsel fees); Roxane C. V. Carter , Secretary of Defense (EEOC 0120142363) (July 19, 2016) (discrimination based on pregnancy); Rosario-F...

Several items of interest are discussed this week by Peter Broida: Davis v. Dept. of Navy (NP DA-0752-14-0285-I-1) (July 5, 2106) (ex-parte communiations and post-reply interview by agency counsel); Mellick v. Dept. of Interior (NP SF-0752-16-01201-I-1) (July 8, 2016) (implications of agency breach of last chance agreement); Beg v. DHHS (NP DC-0432-13-3191-I-1) (July 5, 2016) (employee access to f...

Several items of interest are discussed this week by Peter Broida: Gray v. MSPB (2015-3186 Fed. Cir. May 25, 2016) (NP) (WPEA protection for filing an EEO complaint); Turner v. VA (NP AT-4324-15-0675-I-1) (June 2, 2016) (USERRA shifting burden of proof); Vocke v. Dept. of Commerce (NP DC-1221-13-1266-W-1) (May 2, 2016) (whether a letter of counseling is a threatened personnel action under the WPA)...

Several items of interest are discussed this week by Peter Broida: Cahill v. MSPB (2015-3152 Fed. Cir. May 10, 2016) (IRA disclosures; specific notice of deficiencies required from MSPB or agencies in preliminary jurisdictional challenges); Lal v. MSPB & DHHS (2015-3140 Fed. Cir. May 11, 2016) (MSPB jurisdiction over appeals by employees appointed under specialized agency statutory authority p...