The Dewey Publications Podcast

Several items of interest are discussed this week by Peter Broida: Dept. of Homeland Security v. MacLean , (Supreme Court Jan 21, 2015) (whistleblower disclosures that are prohibited by law (or not)) MSPB Regulatory Changes (Jan. 28, 2015) VA Medical Center and AFGE Local 2145 , (68 FLRA No. 26 (Jan. 26, 2015) (the new application of equitable tolling applied to the time limit for filing exception...

Several items of interest are discussed this week by Peter Broida: Young v. USPS , AT-0752-09-0177-C-2 (NP Jan. 9, 2015) (getting advisory opinions on the application of disputed settlement provisions through enforcement proceedings) Carrion v. VA , SF-0432-13-1460-I-1 (NP Dec. 29, 2014) (getting the PIP wrong in a Chapter 43 case: the importance of the opportunity period and the agency's promise...

Several items of interest are discussed this week by Peter Broida: Complainant v. Tennessee Valley Authority , EEOC 0120121877 (factors permitting a compulsory fitness for duty exam without violating the ADA and Rehabilitation Act) Carrion v. VA , SF-0432-13-1460-I-1 (NP Dec. 29, 2014) (the conflict between the opportunity period represented by a PIP and near absolute performance standards) Ahuruo...

Several items of interest are discussed this week by Peter Broida: Southerland v. Dept. of Defense , 2014 MSPB 88 (Dec. 18, 2014) (the effect of a mixed-motive finding on entitlement to counsel fees if the appellant receives no affirmative relief from the Board) Rios v. Dept. of Commerce , NY-1221-10-0261-B-1 (NP Dec. 8, 2014) (IRA case: development of a neutral means of assessing a whistleblower...

Several items of interest are discussed this week by Peter Broida: Chief Executive Officer v. Dept. of Labor , EEOC 0120141656 (Oct. 16, 2014) (contractor's employees as legitimate complainant as to discrimination or reprisal from a government employee responsible for oversight of the contract) Talton v. VA , MSPB AT-0707-15-0094-J-1 (Nov. 19, 2014) (Initial Decision) (an example of a case involvi...

Several items of interest are discussed this week by Peter Broida: Linder v. Dept. of Justice , 2014 MSPB 84 (Nov. 7, 2014) (IRA case: meaning of 5 USC 2302(b)(9), involving reprisal for the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation) Miller v. FDIC , 2014 MSPB 83 (Nov. 6, 2014) (non-retroactive effect of 5 USC 2302(b)(9) under the 2012 WPEA) Hard...

Several items of interest are discussed this week by Peter Broida: Complainant v. GPO (EEOC 0120132618 Oct. 6, 2014) (the EEO process is not the place to challenge wage rates set through collective bargaining) GSA and AFGE Council of GSA Locals , 68 FLRA No. 10 (Oct. 30, 2014) (why it is important to carefully draft stipulated issues) Mangano v. VA , SF-1221-04-0234-B-9 (NP Oct. 31, 2014) (post ho...

Several items of interest are discussed this week by Peter Broida: GAO Report on Federal Paid Administrative Leave (Oct. 2014) Wrocklage v. DHS , Fed. Cir. 2013-3159 (Oct. 21, 2014) (When is a disclosure of protected information really not a disclosure for purposes of a disciplinary action?) Koletar v. USPS , SF-0752-12-0543 (NP Oct. 17, 2014) (penalty determinations for indefinite suspensions bas...

Several items of interest are discussed this week by Peter Broida: Colbert v. VA , 2014 MSPB 80 (Oct. 16, 2014) (IRA whistleblower reprisal: liberal pleading standard applied as to the knowledge requirement and clarification of whether a constructive adverse action will be treated as an IRA case when it is initiated with OSC and then appealed to the Board). SPORT and Dept. of Air Force , Edwards A...

Several items of interest are discussed this week by Peter Broida: Complainant v. Berrien , EEOC 0120092463 (Aug. 28, 2014) (nonselection reprisal claim based on prior resort to private sector EEO complaint processes) Jones v. MSPB , 2014-3072 (Fed. Cir. Oct. 8, 2014) (grievance/MSPB elections of remedies under 5 USC 7121) McNab v. Dept. of Army , 2014 MSPB 79 (Oct. 7, 2014) (burden of proof as to...

Several items of interest are discussed this week by Peter Broida: Alvara v. DHS , 2014 MSPB 77 (Sept. 29, 2014) (the Special Panel's decision affirming the EEOC's position on accommodation of work schedule assignments) AFGE Local 44 and Dept. of Agriculture, FSIS , 67 FLRA721 (Sept. 30, 2014) (the doctrine of functus officio and arbitrators' responsibilities to entertain counsel fee petitions) NA...

Several items of interest are discussed this week by Peter Broida: Teufel v. Dept. of Army , DE-1221-12-0151-W-3 (Nonprecedential 9/19/2014): intersection of whistleblower reprisal allegations and fitness for duty exams leading to clearance revocation and discharge from federal service. Dale v. Dept. of Treasury , CH-0752-10-0300-I-8 (Nonprecedential 9/18/2014)): discussing the nexus necessary to...

Several items of interest are discussed this week by Peter Broida: Report of the EEOC Office of Federal Operations (September 2014) (the most common errors agencies make when they review and reject EEO complaints) Brown v. Dept. of Defense , ___MSPR___, 2014 MSPB 74 (2014) (more guidance, or lack of it, on penalty review in clearance-based removals and indefinite suspensions) Avent v. Dept. of Lab...

Several items of interest are discussed this week by Peter Broida: Eller v. OPM , 2014 MSPB 72 (Sept. 5, 2014): reflections on attempting to establish retirement benefit entitlements through MSPB settlements. Reflections on the Board's Mediation Appeals Program: assessment of practitioners' evaluations of the Program over the past few years. Reflections on constitutional law from a Board perspecti...

This week Peter Broida discusses six cases: Rassenfoss v. Dept. of Treasury , 2014 MSPB 68 (Aug. 22, 2014): USERRA: escalator clause applies to benefits that would have been earned to a reasonable certainty, overruling prior law precluding application of the escalator clause to discretionary benefits. Putnam v. DHS , 2014 MSPB 70 (Aug. 27, 2014): (a retirement does not become involuntary because i...

This week Peter Broida discusses seven cases: Munoz v. DHS , 2014 MSPB 66 (Aug. 20, 2014): the Board determines it will not consider disparate treatment or penalty comparability issues in defense to an indefinite suspension based on suspension of a required security clearance. Ryan v. DHS , 2014 MSPB 64 (Aug. 18, 2014): the Board decides that, unless there is an agency regulation requiring it, the...

This week Peter Broida discusses five cases and MSPB Rulemaking: Carney v. VA , 2014 MSPB 62 (Aug. 8, 2014): the Board defines IRA coverage for reprisal cases based on participation in the grievance process, defined at 5 USC 2302(b)(9). Davis v. Dept. of Interior , AT-0752-09-0860-E-1 (NP Aug. 15, 2014): EEOC remand clarifying the "convincing mosaic" approach to proof of discrimination through cir...

This week Peter Broida discusses five cases: Gingery v. Dept. of Defense , 2014 MSPB 59 (7/28/2014): VEOA reconstructed positions—the agency is within its rights, if after it reconstructs a selection process first run some years ago, and when it then makes a tentative job offer to the employee, to require the employee to qualify for a security clearance on the same (present, not past) terms of any...

This week Peter Broida discusses four cases: Arnold v. MSPB , 2014-3073 (Fed. Cir. July 24, 2014 NP): timing of petitions to enforce settlements: use of notice of compliance to set a definite time limit for the petition. Gajdos v. Dept. of Army , 2014 MSPB 55 (July 22, 2014): furloughs: agency policy limitations on the exercise of discretion by agency deciding officials in furlough cases do not vi...

This week Peter Broida discusses five cases from the MSPB: Gallegos v. Dept. of Air Force , 2014 MSPB 53 (Precedential July 17, 2014) - The Board defines the conditions under which employees can be removed when they do not accept reassignments based on mobility agreements constituting conditions of employment. Stockton v. Dept. of Interior , SF-0752-13-0434-I-1 (NP July 18, 2014): some considerati...

This week Peter Broida discusses five cases: MSPB Prato-Easterling v. OPM , AT-844E-13-0352-I-1 (Nonprecedential July 7, 2014): settlements implying retirement eligibility do not control if medical evidence does not demonstrate the required degree of disability. Garay v. Dept. of Air Force , DA-0351-13-0043-I-1 (Nonprecedential July 11, 2014): a substantive error in the application of RIF procedur...

This week Peter Broida discusses three cases: Donahoe v. Postmaster General , EEOC 0720130009 (May 14, 2014): nonselection for management position: effect of retirement on back pay, limitations on use of front pay; compensatory damages. Brooks-Hughes v. Dept. of Justice , MSPB DC-0752-12-0803-I-1 (Nonprecedential July 2, 2014): removal: nexus–application of agency rule establishing prohibited rela...

This week Peter Broida discusses several cases from the MSPB and EEOC: MSPB Mann v. Dept. of Navy , SF-0752-11-0736-C-1 (June 24, 2014): need for evidence, not just representatives' statements, to form the basis for initial decisions in compliance cases reviewing allegations of violations of settlement agreements. Abbott v. US Postal Service , 2014 MSPB 47 (June 23, 2014): the Board establishes a...

This week Peter Broida discusses several cases from the MSPB and FLRA: Buelna v. DHS , 2014 MSPB 45 (June 19, 2014): constitutional due process: indefinite suspensions based on suspension of security clearance. Flores v. Dept. of Defense , 2014 MSPB 46 (June 19, 2014): extent of Board review as to removals based on loss of the ability to hold a sensitive position. Modeste v. VA , 2014 MSPB 44 (Jun...

Three cases are discussed: Morales v. Gotbaum , U.S. District Court, District of Columbia, #10-0221 (May 19, 2014) Complainant v. Holder , EEOC 0720120032 (May 1, 2014) Complainant v. McHugh , EEOC 0720130033 (April 24, 2014)