• White House Releases Expanded Budget Including Major Cuts

    White House Releases Expanded Budget Including Major Cuts

    The Trump administration has published part two of the “Budget for a Better America,” which expands upon previously introduced spending cuts. Last week, the president’s $4.75 trillion budget introduced cuts to federal employee retirement plans and the reorganization of the Office of Personnel Management.

    Read more

Merit Systems Protection Board - FEDmanager - News for feds

Appeals Court: MSPB Whistleblower Decision Not Supported by Substantial Evidence

shaw bransford & roth case law update

The United States Court of Appeals for the Federal Circuit, the reviewing court of the Merit Systems Protection Board, reversed a Board decision denying relief for a personnel action taken by the Department of Justice, finding that the Board’s decision was not supported by substantial evidence.

Board Issues Adverse Actions Report

shaw bransford & roth case law update

On December 5, 2016, the Merit Systems Protection Board released a new report, entitled “Adverse Actions: A Compilation of Articles.” 

MSPB Clarifies Constructive Suspension Jurisdiction

shaw bransford & roth case law update

The Merit Systems Protection Board vacated an administrative judge’s dismissal of a constructive suspension case after finding that the employee nonfrivolously alleged that she lacked a meaningful choice of whether to go to work against her doctor’s orders.

MSPB Clarifies Lack of Candor Charges

shaw bransford & roth case law update

A Veterans Affairs police officer was charged with lack of candor, among other charges and specifications, and although the Board sustained the employee’s removal, it reversed the charge of Lack of Candor, clarifying the law in the process.

MSPB Clarifies Law on Preappointment Reason for Termination

shaw bransford & roth case law update

The Merit Systems Protection Board reversed the termination of a Department of Veterans Affairs employee who was terminated after the Agency discovered that a current probation agreement bound the employee to inform prospective employers of his status and prohibited the use of computers with online services and the use of data encryption.

MSPB Grants Former Federal Employee Adjustment in OPM Recovery of Overpayment

shaw bransford & roth case law update

The Merit Systems Protection Board granted the petition for review of a former employee overpaid by $84,546.02, allowing the employee a major adjustment in his monthly repayment, and applying new language from the Office of Personnel Management on the nature of the employee’s ongoing debt.

MSPB Overrules Three Prior Decisions

shaw bransford & roth case law update

A former employee’s second Uniformed Services Employment and Reemployment Rights Act (“USERRA”) appeal regarding an alleged hostile work environment was dismissed for lack of jurisdiction by the Merit Systems Protection Board as it found that re-litigating the issues on appeal was barred by the doctrine of collateral estoppel.

MSPB: “Convincing Mosaic” Not a Legal Requirement for Proof of Discrimination

shaw bransford & roth case law update

The Merit Systems Protection Board (“MSPB”) clarified the legal requirements for proving an affirmative defense of EEO discrimination after the U.S. Court of Appeals for the Seventh Circuit affirmed that its use of the phrase “convincing mosaic,” considered a type of circumstantial evidence, was meant to be a metaphor, rather than a legal test.

Testimony Supporting Another Employee in AIB Interview is Not Protected

shaw bransford & roth case law update

On June 17, 2016, the Merit Systems Protection Board held that an appellant’s testimony during an Administrative Investigation Board (“AIB”) investigation is not protected activity under 5 U.S.C. § 2302(b)(9)(B), which protects agency employees that testify or lawfully assist individuals in the exercise of appeal, complaint, or grievance rights.

FEDmanager

FEDmanager.com

The free weekly e-report for Federal Executives, Managers & Supervisors

About FEDmanager

Click to learn more about us

Get in touch with us

Email FEDmanager publisher

Copyright 2019 FEDmanager.com
Hosted by Peak Media Company, LLC