The Dewey Publications Podcast

This week Peter Broida discusses several cases from the MSPB and EEOC:MSPBMann 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 clear statement of what constitutes enforced leave as an adverse action indisputably within the Board's jurisdiction, distinguished from constructive suspensions, where proof jurisdiction must be established by the appellant's preponderant evidence.EEOCComplainant v. Hagel, 0120084008 (June 6, 2014): EEOC makes clear that agency representatives are not be involved in or interfere, intentionally or otherwise, in the development of evidence by an investigator prior to the case going to a hearing. Sanctions were imposed based on the conduct of counsel.

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 (June 19, 2014): scope of competition under VEOA; contractual limitations; meaning of "vacant" positionKing v. VA, CH-0752-12-0039-C-1 (June 16, 2014): electronic filing–untimely filing of PFR by waiting to start until before the deadline and then completing the PFR 81 minutes after the filing deadline.Dept. Of Justice, Bureau of Prisons, MCC New York and AFGE Local 3148, 67 FLRA 442 (June 19, 2014): ULP/contract election of remedies and dissent within the Authority.

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)

Two cases are discussed:Brown v. Dept. of Interior, 2014 MSPB 40 (2014)Dept. of Homeland Security v. FLRA, No. 12-1457 (D.C.Cir. June 3, 2014)

Four cases are discussed:Caban v. Dept. of Justice, AT-0752-13-0002-I-1 (Nonprecedential 5/27/2014)Chavez v. SBA, ___MSPR___¶ 17, 2014 MSPB 37 (2014)FDIC and NTEU, 67 FLRA 430 (2014)AFGE Local 1945 and Dept. of Army, Anniston Army Depot, 67 FLRA 436 (2014)

Five cases are discussed:Ray v. SBA, DC-0752-13-0424-I-1 (Nonprecedential 5/19/2014)Walker v. VA, DC-0731-13-0698-I-1 (Nonprecedential 5/19/2014)Woodworth v. VA, NY-1221-13-0037-W-1 (Nonprecedential 5/2o/2014)Wyrick v. Dept. of Transp., SF-0752-12-0524-I-3 (Nonprecedential 5/20/2014)Davis v. Corp. for National & Community Service, DA-1221-13-0040-W-1 (Nonprecedential 5/22/2014)