• White House Updates AI Strategy

    White House Updates AI Strategy

    The White House has updated the National AI Research and Development Strategic Plan to emphasize partnerships between the public and private sector. The National Plan was released in February to serve as a national roadmap for handling the research and development of artificial intelligence (AI). The update encourages agencies to expand public-private partnerships to advance AI.

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MSPB - FEDmanager - News for feds

Agencies Can Punish Employees Who Refuse to Break Rules

scales of justice

The U.S. Court of Appeals for the Federal Circuit has set a new precedent for the federal workforce by upholding a ruling from the Merit Systems Protection Board (MSPB) wherein a State Department employee was punished for refusing to carry out an assignment that would have gone against federal rules.

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.” 

Court of Appeals Reverses Dismissal of Whistleblower Case by MSPB

shaw bransford & roth case law update

The United States Court of Appeals for the Federal Circuit reversed the MSPB’s dismissal of a Department of Homeland Security employee’s Individual Right of Action (“IRA”) whistleblower retaliation appeal.

Despite Lack of Quorum, Board Grants Stay at OSC Request

shaw bransford & roth case law update

On July 13, 2017, the Merit Systems Protection Board, currently without a quorum and consisting of only one member (Vice Chairman Mark Robbins) extended a stay of a Department of Veterans Affairs physician’s removal after the request was made by the Office of Special Counsel.

District Courts to Decide “Mixed Case” Appeals

shaw bransford & roth case law update

Appeals from Merit System Protection Board jurisdictional dismissals of “mixed cases” are properly appealed to federal district court and not to the U.S. Court of Appeals for the Federal Circuit, the U.S. Supreme Court held last week.

Federal Agencies Can Suspend Indicted Feds Indefinitely

scales of justice

Federal agencies can indefinitely suspend an employee they believe was involved in a crime, even before the person is found guilty – so long as the person in question has been indicted by a grand jury.

Federal Circuit Differentiates Between 2 Types of Reprisal

case law update

A Federal Deposit Insurance Corporation employee filed a Step 1 grievance with the Agency after being issued a Letter of Warning regarding comments he allegedly made that potentially violated the agency’s anti-harassment policy.

Federal Circuit Reverses MSPB Order to Repay OPM Overpayment

shaw bransford & roth case law update

After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision. 

Marijuana Still a Firing Offense for Feds

shaw bransford & roth case law update

The full Merit Systems Protection Board disagreed with an MSPB administrative judge regarding the reasonableness of the penalty of removal after an employee admitted to using marijuana.

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.

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