The Dewey Publications Podcast

Several items of interest are discussed this week by Peter Broida: Bautz v. Dept. of Treasury (NP AT-1221-15-0577-W-1) (April 18, 2016)) (enforcement of a settlement release in an EEO case in a subsequent IRA appeal); Doe v. Dept. of Navy (AT-0752-15-0206-I-1) (April 21, 2106) (due process: incorporation by reference into a proposal of materials from an evidence file); Scarlet M., et al. V. Mabus...

Several items of interest are discussed this week by Peter Broida: Miller v. FDIC (2014-3137 Fed. Cir. April 8, 2016) (VEOA: cancelation of vacancy announcement); Miller v. FDIC (2014-3146 Fed. Cir. April 8, 2916) (VEOA: consideration of applicant's education, skill, and experience); McCauley v. VA (NP CH-1221-14-0721-W-1) (Feb. 18, 2016) (whistleblower protection under 2302(b)(9): assisting other...

Several items of interest are discussed this week by Peter Broida: Pirkkala v. Dept. of Justice , 2016 MSPB 16 (March 31, 2016) (election of remedies: untimely union contract grievance vs. timely Board appeal) Jenna P. v, Kerry, Secretary of State , 0120152941 (Jan. 28, 2016) (election of remedies: EEO complaint v. union contract grievance) Littlefield v. Dept. of Navy (NP AT-0752-15-0408-I-1) (Fe...

Several items of interest are discussed this week by Peter Broida: Diaz v. Dept. of Treasury , (NP AT-0752-15-0471-I-1) (March 11, 2016) (spoliation of evidence; adverse inference) Big Crow v. DHHS , (NP -0752-15-0368-I-1) (March 10, 2016) (due process; ex parte communications; advice from HR specialists, counsel) Pauli v. DHS , (NP DC-0752-13-6815-I-1) (March 10, 2016) (due process: reliance on d...

Several items of interest are discussed this week by Peter Broida: Montgomery v. DHHS , 2016 MSPB 8 (Feb. 5, 2016) (VEOA right to compete: transfers); SSA and IFPTE, Ass'n. ALJs , 69 FLRA 208 (Feb. 4, 2016) (contract provisions governing timeliness of arbitrators' awards) Zenia M. V. DHHS , EEOC 0120121845 (Dec. 18, 2015) (reprisal liability for improper disclosure by agency EEO officials of mater...

Several items of interest are discussed this week by Peter Broida: Runstrom v. VA , 2016 MSPB 3 (Jan 14, 2016) (agency burden of proof in defending an IRA claim) Jackson v. Dept. of Army , 2016 MSPB 4 (Jan. 19, 2016) (need for care in deciding when to use an OWBPA revocation clause in a settlement agreement) Brown v. DHS (NP SF-0752-14-0816-I-1) (Jan. 19, 2016) (care needed in presentation of test...

Several items of interest are discussed this week by Peter Broida: Congressional testimony of MSPB's Susan Grundmann and OSC's Carolyn Lerner concerning legislative changes desired as components of reauthorization legislation; Mosley v. Dept. of Transp. , AT-0752-14-0666-I-1 (NP 12/3/2015) (prospective nature of reasonable accommodation requirements); Layton v. Dept. of Air Force , SF-121-14-0805-...

Several items of interest are discussed this week by Peter Broida: Summit 6, LLC v. Samsung Electronics (Fed. Cir. Sept. 21, 2015) (expert opinion under the Federal Rules of Evidence and the Daubert case); King v. Dept. of Army (11th Cir. 2014) (standards for review outside the Federal Circuit of an IRA whistleblowing case under the 2012 WPEA); DHS, ICE and AFGE Local 1917 , 69 FLRA 72 (Nov. 13, 2...

Several items of interest are discussed this week by Peter Broida: Boo v. DHS , SF-0752-13-3302-A-1 (NP 10/29/2015) (counsel fees: a mitigated penalty warrants a reduced fee) Complainant v. Postmaster General , EEOC 0120133350 (9/11/2015) (counsel fees: the availability of counsel in the geographical area of the employment dispute results in reduction of the hourly rate of out-of-town counsel) Avi...

Several items of interest are discussed this week by Peter Broida: EEOC Announces Use "Randomly Generated Names" to identify cases Einboden v. Dept. of Navy , ___F.3d___ (Fed. Cir. 10/1/2015) (furloughs: deference to agency financial decisions) Independent Union of Pension Employees and PBGC , 68 FLRA No. 155 (9/29/2015) (contract grievance and arbitration procedures survive expiration of negotiat...

Several items of interest are discussed this week by Peter Broida: Savage v. Dept. of Army , 2015 MSPB 51 (9/3/2015) (IRA hostile environment claims; demise of summary judgment for Title VII EEO affirmative defenses) Washington v. Dept. of Army , AT-0432-15-0138-I-1 (NP 9/21/2015) (falsification charge: required element of personal gain) Sherman v. DHS , 2015 MSPB 52 (9/11/2015) (IRA/grievance ele...

Several items of interest are discussed this week by Peter Broida: FLRA Guidance on Meetings (9/1/2015) (what you need to know about formal discussions and investigatory interviews); VAMC Pershing and AFGE Local 2338 , 68 FLRA No. 137 (8/27/2015) (arbitrator's flexibility in interpreting contract provisions involving the time for filing grievances); NTEU and DHS , C&BP, 68 FLRA No. 141 (8/31/2015)...

Several items of interest are discussed this week by Peter Broida: Alarid v. Dept. of Army , 2015 MSPB 50 (8/21/2015) (prohibited personnel practice protections for individuals who file or participate or testify in appeals or grievances) Rose v. Dept. of Defense , AT-0752-12-0063-B-2 (NP 8/10/2015) (military bar orders; AWOL and due process considerations of alternatives to removal penalties) Barn...

Several items of interest are discussed this week by Peter Broida: Rainey v. Dept. of State , 2015 MSPB 49 (Aug. 6, 2015) (prohibited personnel practice: personnel action taken because an individual refuses an order requiring violation of a law) Wilson v. Dept. of Navy , 2015 MSPB 48 (Aug. 5, 2015) (USERRA violation cannot be asserted an affirmative defense to a clearance-based removal) EEOC MD-11...

Several items of interest are discussed this week by Peter Broida: Ryan v. DHS , ___F.3d___ (Fed. Cir. 7/13/2015) (clearance-based indefinite suspensions; due process implications; choices of alternatives to suspension); Dept. of Labor and AFGE Local 12 , 68 FLRA 779 (7/23/2015) (arbitration: reasonable accommodation through structuring of interaction between an employee and a supervisor); Complai...

Two items of interest are discussed this week by Peter Broida: Appleberry v. DHS , ___F.3d___ ( Fed. Cir. 7/8/2015) (arbitrator's application of contract limitations upon review of a Chapter 43 case) Dept. of Interior, Geological Survey and AFGE Local 723 , 68 FLRA 734 (6/30/2015) (limitations of the Back Pay Act as to reimbursement of per diem-type payments)

Several items of interest are discussed this week by Peter Broida: Melton v. Dept. of Army , CH-0752-09-0448-C-1 (NP 6/18/2015) (broad scope settlement agreements) AFGE Local 1336 and SSA , 68 FLRA 704 (6/17/2015) (Privacy Act implications for misconduct investigations; application of the "discourtesy" provision of statutory adverse action provision) Complainant v. Postmaster General , EEOC OFO 01...

Several items of interest are discussed this week by Peter Broida: Report: Addressing Sexual Orientation and Gender Identity Discrimination in Federal Civilian Employment (OPM, EEOC, OSC & MSPB) Report: Administrative Leave Usage (OPM) Report: Adherence to Federal Laws Regarding Marijuana Use (OPM and the Director of National Intelligence) SSA and AFGE Local 1395 , 68 FLRA 693 (6/15/2015) (pas...

Several items of interest are discussed this week by Peter Broida: Knuckles v. Dept. or Army , CB7121140025V1 (NP 5/27/2015) (whether a 3rd level grievance decision constitutes a final grievance determination for purposes of Board review); Grant v. Dept. of Treasury , DC0752140237I1 (NP 5/27/2015) (use of unofficially-prepared hearing transcripts on petitions for review); Dept. of Army, Corps of E...

Several items of interest are discussed this week by Peter Broida: Complainant v. Donahoe , Postmaster General, EEOC 0720120041 (burdens of proof in reprisal cases; last chance agreements); Dyson v. Dept. of Defense , DC0752131235I1 (NP 12/8/2014) (permissible limitations on the scope of a hearing in an adverse action appeal); AFGE Local 1156 and Dept. of Navy , Naval Supply Business Systems Cente...

Several items of interest are discussed this week by Peter Broida: Johnson v. Dept. of Air Force , DE­0752­14­0091­I­2 (NP 4/2/2015) (adverse action resulting from unintended off­duty consumption of a marijuana laced brownie at a birthday party); Parker v. VA , 2015 MSPB 30 (4/6/2015) (adverse action based on false EEO complaint); AFGE Local 3961 and Dept. of Air Force, Ft. Sam Houston , 68 FLRA N...

Several items of interest are discussed this week by Peter Broida: Heimer v. VA , DE-0432-14-0347-I-1 (NP March 24, 2015) (due process and ex-parte considerations in Chapter 43 performance cases); Viscardi v. Dept. of Defense , NY-0752-13-0938-I-1 (NP March 24, 2015) (furloughs: age discrimination and a disparate impact defense); NFFE Local 2189 and Jarman , 68 FLRA 374 (2015) (ULP against union b...

Several items of interest are discussed this week by Peter Broida: EEOC Request for Comment: New Federal Sector Regulations or Initiatives Caros v. DHS , 2015 MSPB 16 (Feb. 23, 2015) (Laffey-rate awards; structured retainer agreements) AFGE Local 2595 and DHS , C&BP, 68 FLRA 293 (Feb. 25, 2015) (Member Pizzella, dissenting) (determinants of flagrant misconduct) Thome v. DHS , 2015 MSPB 27 (Feb. 27...

Several items of interest are discussed this week by Peter Broida: Herring v. MSPB (Fed. Cir. 2015) (factors to be considered by the Board in deciding whether to waive a late appeal filed by counsel involving a retirement benefit) Sanders v. DHS , 2015 MSPB 7 (Jan. 15, 2015) (evaluation of evidence presented first to the Board concerning the appellant's recovery from a medical condition leading to...

Several items of interest are discussed this week by Peter Broida: Ortolano v. SSA , (MSPB NP NY-0752-13-1055-I-1 Feb. 4, 2015) (reassignment not a mitigation alternative in a Chapter 75 case) Payton v. VA (MSPB NP AT-0752-14-0055-I-1 Jan. 29, 2015) (importance of avoiding overstatement of potential harm of an appellant's actions in the Douglas Factor worksheet by the deciding official) Rosario-Fa...