Topics discussed this week by Peter Broida: Nelson v. DHS, AT-1221-22-0186-W-1 (4/5/2024) (NP) (IRA treatment of EEO allegations made to OIG or internal agency investigative units) Gilewicz v. DHS, 2024 MSPB 7 (4/9/2024) (standards for assessing compensatory damages in whistleblower cases) Paulus v. Dept. of Labor, PH-0432-19-0432-I-2 (4/10/2024) (…

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, F…

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 f…

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.comDoor Peter Broida

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.comDoor Peter Broida

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.comDoor Peter Broida

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.comDoor Peter Broida

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

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.comDoor Peter Broida

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 (De…

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.comDoor Peter Broida

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.comDoor Peter Broida

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.comDoor Peter Broida

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.comDoor Peter Broida

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.comDoor Peter Broida

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.comDoor Peter Broida

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

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. …

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.comDoor Peter Broida

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…

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.comDoor Peter Broida

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…

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…

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.comDoor Peter Broida

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.comDoor Peter Broida

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.comDoor Peter Broida

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

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 …

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 whistlebl…

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 192…

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 F…

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,…

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 inte…

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) (IR…

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 ema…

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…

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 …

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 Pa…

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…

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) (remed…

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]Door Peter Broida

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 o…

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 …

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) (arbit…

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) (applicatio…