The Dewey Publications Podcast

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A weekly podcast on federal civil service law hosted by Peter Broida. Each week Peter Broida will discuss several new decisions from the MSPB, FLRA, their reviewing courts, and occasionally EEOC. Mr. Broida writes A Guide to MSPB Law and Practice, A Guide to FLRA Law and Practice, and other titles available at deweypub.com/broida. Please send all comments to deweypublications(at)gmail.com. The podcast does not provide legal advice.

Peter Broida


    • Dec 23, 2022 LATEST EPISODE
    • monthly NEW EPISODES
    • 18m AVG DURATION
    • 118 EPISODES


    Search for episodes from The Dewey Publications Podcast with a specific topic:

    Latest episodes from The Dewey Publications Podcast

    December 23rd, 2022

    Play Episode Listen Later Dec 23, 2022 20:40


    Topic 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 (Dec. 9, 2022) (temporary promotions);Buy Dewey books at deweypub.com

    November 3rd, 2022

    Play Episode Listen Later Nov 4, 2022 20:40


    Topic 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

    September 30th, 2022

    Play Episode Listen Later Oct 3, 2022 12:29


    Topic 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.com

    August 31st, 2022

    Play Episode Listen Later Sep 1, 2022 17:38


    Topic 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.com

    July 31st, 2022

    Play Episode Listen Later Aug 1, 2022 19:11


    Topic 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.com

    June 7th, 2022

    Play Episode Listen Later Jun 7, 2022 8:39


    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.com

    May 19th, 2022

    Play Episode Listen Later May 19, 2022 18:33


    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

    April 11th, 2022

    Play Episode Listen Later Apr 11, 2022 18:33


    Topic discussed this week by Peter Broida:State of the BoardRossbach 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.com

    February 28th, 2022

    Play Episode Listen Later Feb 28, 2022 27:40


    Topic discussed this week by Peter Broida:Permissive Bargaining and President Biden's Executive OrderBuy Dewey books at deweypub.com

    January 24th, 2022

    Play Episode Listen Later Jan 24, 2022 27:40


    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. 2021-1751 Jan. 19, 2022) (whistleblower hostile environment allegations; remedial exhaustion)Gessel v. MSPB (Fed. Cir. 2021-1815 Jan. 19, 2022 NP) (whistleblower hostile environment allegations; co-worker interaction)Buy Dewey books at deweypub.com

    December 27th, 2021

    Play Episode Listen Later Dec 27, 2021 11:04


    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 negotiationsBuy Dewey books at deweypub.com

    November 22nd, 2021

    Play Episode Listen Later Nov 22, 2021 11:04


    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. 9, 2020) (attempt to prevent MSPB AJs from granting HHS motions to DWOP appeals pending resolution of authority of MSPB AJs to adjudicate appeals)Buy Dewey books at deweypub.com

    October 28th, 2021

    Play Episode Listen Later Oct 28, 2021 15:09


    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.com

    September 22nd, 2021

    Play Episode Listen Later Sep 22, 2021 23:09


    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 defect in arbitration: untimely grievance and arbitration request);DHS, C&BP and AFGE Local 3307, 72 FLRA 463 (September 8, 2021) (arbitration: counsel fee award set aside as contrary to law under several Allen factors).

    August 26th, 2021

    Play Episode Listen Later Aug 26, 2021 21:35


    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 Brothers Santa Ana Theater, 454 U.S. 90, 93 (1981); Herman & MacLean v. Huddleston, 459 U.S. 375, 389 (1983); Colorado v. New Mexico, 467 U.S. 310 (1984).Buy Dewey books at deweypub.com

    July 19th, 2021

    Play Episode Listen Later Jul 26, 2021 13:42


    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)

    June 24st, 2021

    Play Episode Listen Later Jun 24, 2021 13:36


    One topic discussed this week by Peter Broida:United States v. Arthrex, Inc. (Supreme Court No. 19-1434) ( June 21, 2021);

    May 21st, 2021

    Play Episode Listen Later May 21, 2021 12:38


    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.com

    April 29th, 2021

    Play Episode Listen Later Apr 29, 2021 10:57


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

    March 16th, 2021

    Play Episode Listen Later Mar 16, 2021 23:08


    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 Order 14,003 (March 5, 2021)

    February 25th, 2021

    Play Episode Listen Later Feb 25, 2021 23:08


    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 whistleblower protection for inappropriate comments to supervisor)

    January 18th, 2021

    Play Episode Listen Later Jan 18, 2021 16:01


    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 1929, 72 FLRA 3 (2021) (bargaining obligations: conditions of employment and working conditions)

    November 27th, 2020

    Play Episode Listen Later Nov 27, 2020 16:01


    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)

    October 26th, 2020

    Play Episode Listen Later Oct 26, 2020 28:06


    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 FLRA 968 (Sept. 30, 2020) (threshold level of changes in employment conditions required to trigger bargaining obligation);OPM regulations of October 16, 2020 (adverse and performance-based actions and settlements)Executive Order of October 21, 2020, creating Schedule F in the Excepted Service

    September 9th, 2020

    Play Episode Listen Later Sep 9, 2020 23:16


    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, 2020) (stays of FSIP orders);Aviles-Wynkoop v. DOD (Fed. Cir. 2019-1908 Sept. 2, 2020 NP) (adverse action due process; evidence admissible before MSPB)

    August 6th, 2020

    Play Episode Listen Later Aug 6, 2020 20:03


    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 interpretation); MSPB virtual hearing procedures

    July 14th, 2020

    Play Episode Listen Later Jul 14, 2020 15:57


    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) (IRA does not include EEO reprisal)Cerulli v. DOD (Fed. Cir. 2019-2022 June 9, 2020) (IRA does include a fitness exam)

    June 3rd, 2020

    Play Episode Listen Later Jun 3, 2020 21:31


    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 email is an award subject to exceptions to FLRA)

    April 13th, 2020

    Play Episode Listen Later Apr 13, 2020 30:21


    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 v. AFGE Local 288, 71 FLRA 655 (April 2, 2020) (application of Bolling standards to grievances challenging disciplinary actions);SSA v. Ass'n. ALJs, IFPTE, 71 FLRA 652 (March 31, 2020) (jurisdiction of FLRA to stay FSIP proceeding);Sistek v. VA (Fed. Cir. 2019-1168) (April 8, 2020) (retaliatory investigation claimed as covered IRA personnel action);Babb v. Wilkie (Supreme Court No. 18-882) (April 6, 2020) (burden of proof in federal sector age discrimination cases)

    February 21st, 2020

    Play Episode Listen Later Feb 21, 2020 13:31


    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 533 (1/29/2020) (exceptions jurisdiction: claimed coerced retirement)

    January 15th, 2020

    Play Episode Listen Later Jan 15, 2020 22:21


    Several items of interest are discussed this week by Peter Broida:FLRA determinations on Requests for Statements of Policy and GuidanceHolland 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 Patent Judges)

    December 11th, 2019

    Play Episode Listen Later Dec 11, 2019 12:16


    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)

    November 25th, 2019

    Play Episode Listen Later Nov 25, 2019 20:09


    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) (arbitration: counsel fees)Dept. of Treasury, IRS and NTEU Local 299, 71 FLRA 387 (Nov. 4, 2019) (arbitration: remedial authority concerning performance ratings)Presidential Memo: Delegation of Removal Authority Over FSIP (Nov. 12, 2019)

    October 16th, 2019

    Play Episode Listen Later Oct 16, 2019 22:34


    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 OrdersOPM Proposed Rules Involving Executive OrdersSSA and AFGE Local 3627, 71 FLRA 355 (Sept. 30, 2019) (remedial authority of arbitrators)

    September 17th, 2019

    Play Episode Listen Later Sep 17, 2019 22:34


    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]

    August 20th, 2019

    Play Episode Listen Later Aug 20, 2019 18:31


    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 of clear and convincing evidentiary standard and Carr factors)

    July 15th, 2019

    Play Episode Listen Later Jul 15, 2019 18:31


    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 resulting in mitigation of minor disciplinary suspensions)DL et al. v. District of Columbia, 924 F.3d 585 (2019) (application of Laffey Matrix)

    June 14th, 2019

    Play Episode Listen Later Jun 14, 2019 17:07


    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) (arbitration: official time justification)

    April 24th, 2019

    Play Episode Listen Later Apr 24, 2019 22:28


    Several items of interest are discussed this week by Peter Broida:Lucia v. SEC (Supreme Court June 2018), and its application to the MSPBHiller 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) (application of "essence" review authority to substantive determination of arbitrator on grievance concerning approval for outside employment)

    March 27th, 2019

    Play Episode Listen Later Mar 27, 2019 15:33


    Several items of interest are discussed this week by Peter Broida:Hickey v. DHS, (Fed. Cir. 2018-1585) (nonprecedential) (March 22, 2019) (whistleblower reprisal: counsel fees [Laffey rate]; compensatory and consequential damages)

    February 14th, 2019

    Play Episode Listen Later Feb 14, 2019 18:16


    Several items of interest are discussed this week by Peter Broida:VAMC Orlando and AFGE Local 2779, 71 FLRA 13 (Feb. 8, 2019)Ryan v. DOD (Fed. Cir. 2018-1524) (nonprecedential) (Feb. 13, 2019)Dobyns v. United States (Fed. Cir. 2015-5020) (precedential) (Feb. 6, 2019)

    January 24th, 2019

    Play Episode Listen Later Jan 24, 2019 16:24


    Several items of interest are discussed this week by Peter Broida:Koester v. US Park Police (Fed. Cir. 2017-2613) (nonprecedential) (Jan. 3, 2019) (evaluation by arbitrator of new evidence concerning mitigation))Do v. HUD (Fed. Cir. 2018-1147) (precedential) (Jan. 14, 2019) (due process errors resulting when MSPB sustains adverse action on a charge not noticed))EPA and AFGE Council 238, 70 FLRA No. 199 (Dec. 21, 2018) (standards for analysis of motivation in EEO challenge to nonselection)

    October 16th, 2018

    Play Episode Listen Later Oct 16, 2018 21:43


    Several items of interest are discussed this week by Peter Broida:SBA and AFGE Local 3841, 70 FLRA 729 (July 19, 2018) (factors required to establish entitlement to a temporary promotion under a labor contract)VA Medical Center Richmond and AFGE Local 2145, 70 FLRA 900 (October 12, 2018) (discretion of arbitrator in determining issues and remedies in the absence of a stipulated issue)OPM Interpretive Guide on Section 5 Ensuing Integrity of Personnel Files Contained in Executive Order 13839: (October 10, 2018)

    September 7th, 2018

    Play Episode Listen Later Sep 7, 2018 19:01


    Several items of interest are discussed this week by Peter Broida:Dept. of Justice, Bureau of Prisons and AFGE Local 3978, 70 FLRA No. 140 (July 13, 2018) (arbitration: FLSA overtime analysis: "principal activities")Dept. of Navy, Puget Sound and Bremerton MTC, 70 FLRA No. 152 (Aug. 13, 2018) (arbitration: past practice and missing contract language)Dept. of Treasury, IRS and NTEU, 70 FLRA 806 (Aug. 31, 2018) (arbitration exceptions: a new basis for interlocutory appeals)

    August 27th, 2018

    Play Episode Listen Later Aug 27, 2018 18:53


    Several items of interest are discussed this week by Peter Broida:Federal District Court Decision in AFGE v. Trump (enjoining enforcement of portions of May 25, 2018 executive orders affecting union representation, official time, and scope of grievance procedures)Villareal v. Bureau of Prisons (Fed. Cir. 2017-2275 Aug. 24, 2018) (timeliness of adverse action decisions; switch in deciding officials)GAO Report: Federal Employee Misconduct-Actions Needed to Ensure Agencies Have Tools to Effectively Address Misconduct (July 2018)

    June 5th, 2018

    Play Episode Listen Later Jun 5, 2018 31:25


    Several items of interest are discussed this week by Peter Broida:13,836: Executive Order Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining;13,837: Executive Order Ensuring Transparency, Accountability, and Efficiency in Taxpayer Funded Union Time Use; 13,839: Executive Order Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles

    May 15th, 2018

    Play Episode Listen Later May 15, 2018 22:13


    Several items of interest are discussed this week by Peter Broida:EPA and NTEU, 70 FLRA 533 (May 3, 2018) (unit clarification: location of employees on telework);DHS C&BP and AFGE NBPC Local 1929, 70 FLRA 501 (April 30, 2018) (working conditions and conditions of employment distinguished);Dept. of Navy, Norfolk and IBPO Local 800, 70 FLRA 512 (May 2, 2018) (ULP/grievance elections for changes in conditions of employment);SBA and AFGE Local 3841, 70 FLRA 525 (May 2, 2018) (procedural arbitrability: essence challenges; application of past practice to override clear contract language).

    March 22nd, 2018

    Play Episode Listen Later Mar 22, 2018 23:51


    Several items of interest are discussed this week by Peter Broida:Dept. of Justice, Bureau of Prisons and AFGE Local 817, 70 FLRA 398 (Feb. 22, 2018) (arbitration awards and the excessive interference standard of review);Dept. of Navy and IFPTE Local 4, 70 FLRA 429 (March 20, 2018) (timeliness of exceptions to arbitrator's award);Bonny R. v. Dept. of Agriculture, EEOC OFO 0120160799 (Jan 25, 2018) (challenge to oral settlement of an EEO case)

    February 13th, 2018

    Play Episode Listen Later Feb 13, 2018 35:32


    Several items of interest are discussed this week by Peter Broida:Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (agency training requirements); Delgado v. MSPB (7th Cir. No. 16-1313 Jan. 29, 2018) (whistleblowing: adequacy of pleading to OSC and MSPB);Dept. of Justice v. FLRA (D.C. Cir. 16-1301 Nov. 17, 2017) ("covered by" doctrine);Dept. of Treasury, BEP and NTEU, 70 FLRA 359 (Jan 16, 2018) (definition of professional employee);Dept. of Defense, DCMA and AFGE Local 2433, 70 FLRA 370 (Jan. 23, 2018) (period for filing exceptions following email issuance of arbitration award)

    January 9th, 2018

    Play Episode Listen Later Jan 9, 2018 17:24


    Several items of interest are discussed this week by Peter Broida:U.S. Capitol Police v. Office of Compliance, ___F.3d___ (Fed. Cir. 2018) (Letterkenny analysis in unfair labor practice case);Dept. of Labor, OSHA and Greenlaw, 70 FLRA 353 (2/2/2018) (unit clarification process to determine bargaining unit status for person seeking to file a grievance to challenge an adverse action);Henderson v. VA, ___F.3d___ (Fed. Cir.12/26/2017) (shortened notice periods).

    November 21st, 2017

    Play Episode Listen Later Nov 27, 2017 12:49


    Several items of interest are discussed this week by Peter Broida:Certiorari Petition: Vocke v. MSPB (equitable tolling of Federal Circuit deadline for filing judicial petitions for review of MSPB decisions)Parkinson v. DOJ, ___F.3d___ (Fed. Cir. 2017) (FBI agents lack whistleblowing affirmative defense in MSPB adverse action appeals)Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (agencies are required to provide training on whistleblowing; agencies must discipline supervisors who are found to have engaged in whistleblower reprisal)Tables of Penalties: a congressional study in the context of sexual harassment cases. News and Case Alert Issue #9-9

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