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   DCD:  Ridley v. VMT  ...   PLAINTIFF ASSERTS THAT “[T]HE REASONS FOR THE TERMINATION WERE NOT TRUE.”   ...   Plaintiff, an African American woman, was employed by defendant VMT Long Term Care Management, Inc. (“VMT”), as a home health aide from August 2004 until her termination on December 19, 2012.      Preceding plaintiff’s termination was an incident at the Washington Hospital Center.      Plaintiff was charged with client abandonment, conducting personal business during work hours, and engaging in heated arguments or outburst in front of clients. On December 19, 2012, “VMT terminated [plaintiff’s] employment.”      Plaintiff asserts that “[t]he reasons for the termination were not true.”      She alleges that “[a] white employee at Washington Hospital Center had called [her] racially derogatory names and that this same employee “made false allegations against [her] including falsely accusing her of abandoning a patient.”      Plaintiff alleges that, “[b]y firing her for false reasons that VMT knew were related to her race, VMT violated [her] rights under 42 U.S.C. [§] 1981.”      She demands judgment in her favor, compensatory damages, reinstatement to her position as a home health aide, and attorney fees and costs of litigation.  ...   COURT DECISION:     (PDF)   ...   (HTML)

   5th Cir:  EEOC v. Simbaki  ...   RESTAURANT OWNER CONCEDES THAT HIS RESTAURANT WAS A “GRAB-ASSY PLACE.”   ...   Plaintiffs Kimberly Kulig and Laura Baatz worked for the Berryhill Baja Grill & Cantina on Montrose Street in Houston, a franchise-location, owned and operated by Defendant Phillip Wattel.        While employed by Berryhill Montrose, Baatz and Kulig were sexually harassed by Wattel. Baatz and Kulig allege that restaurant owner Phillip Wattel:     • Groped, slapped, and bit them. Some of the slaps were reportedly so hard that they caused bruises.     • Harassed them verbally.     • Asked them to sign napkins giving him permission to grab their bottoms.     • Exposed himself.     • Kissed them without permission.             Restaurant owner, Phillip Wattel concedes that: • Berryhill Montrose was a “grab-assy place.”    • He patted Kulig on her bottom multiple times, and once spanked her so hard that she bruised.     • He bit Kulig.     • He asked Baatz to go out of town with him.     • He asked Baatz to have a child with him, but not in a “meaningful” way.   ...   COURT DECISION:     (PDF)   ...   (HTML)


   MSPB:  Brown v. Defense  ...   THE BOARD GIVETH AND THE BOARD TAKETH AWAY   ...   The appellant served as an Accounting Technician with the Defense Finance and Accounting Service (DFAS). The position was classified as non-critical sensitive.     Defense removed the appellant based on a charge that the Washington Headquarters Service (WHS) Consolidated Adjudications Facility (CAF) had denied him eligibility to occupy a sensitive position.     During the 30-day advance notice period for the removal action, the agency temporarily detailed the appellant to a non-sensitive set of duties.        Following a hearing, the administrative judge reversed the appellant’s removal.   +++ +++ +++   For the following reasons, we GRANT the agency’s petition for review, DENY the appellant’s cross petition for review, REVERSE the initial decision, and SUSTAIN the appellant’s removal.  ...  PDF VERSION   ...  HTML VERSION

   MSPB:  Greer v. AirForce  ...   AIR FORCE PROPOSED REMOVING HIM FOR (1) DISCOURTEOUS CONDUCT AND (2) INAPPROPRIATE COMMENTS.   ...   The agency employed the appellant as a Motor Vehicle Operator.     On November 8, 2012, the agency issued a notice of proposed removal, charging the appellant with (1) discourteous conduct, and (2) inappropriate comments.     The charges stemmed from the appellant’s actions during a traffic stop.     On the same day as the notice of proposed removal, the appellant entered into a last chance agreement (LCA) with the agency.     Among other things, the LCA provided that the agency would hold the proposed removal in abeyance for 36 months, while the appellant would attend an approved anger management program, accept a 14-day suspension, and waive his Board appeal rights.     During the 36-month abeyance, the agency retained the right to reinstate the proposed removal if the appellant committed any act of misconduct.        Effective October 7, 2013, the agency removed the appellant for violating the LCA.     According to the agency, the violation stemmed from the appellant’s inappropriate comments to a supervisor.   ...   MSPB DECISION

   MSPB:  LaMour v. Treasury  ...   SHE DID NOT RETURN TO WORK DESPITE NUMEROUS DIRECTIONS TO DO SO   ...   The appellant was removed from her GS-8 Contact Representative position effective December 7, 2012, for being unavailable for duty.      As of early 2012, the appellant was on an extended leave of absence due to a medical condition.      According to the parties, she attempted to return to work in July 2012, but the agency would not allow her to return without a medical release.      On August 22, 2012, after receiving the medical release, the agency instructed the appellant to return to duty.      However, she did not return to work despite numerous directions to do so. (On August 22, August 24, August 27, September 10, and September 12, 2012, the agency directed the appellant to return to duty. )      On October 25, 2012, the agency proposed the appellant’s removal for being unavailable for duty and removed her effective December 7, 2012.      The appellant appealed her removal to the Board.   ...   MSPB DECISION

   6th Cir:  Saulsberry v. FedEx  ...   CHECK OUT THIS PRIVATE SECTOR FMLA, HOSTILE WORK ENVIRONMENT, RACIAL DISCRIMINATION CASE   ...  Saulsberry is a part-time handler at FedEx.      As a handler, Saulsberry’s job duties include loading and unloading packages, documents, and dangerous goods from aircraft containers and FedEx vehicles.      On January 20, 2011, a few days before receiving the performance reminder, Saulsberry requested FMLA leave.      FedEx denied the request because Saulsberry “[had] not met the FMLA’s 1,250-hours-worked-requirement.”      Also on January 20, 2011, per his manager’s instructions, Saulsberry met with the FedEx doctor, who disqualified him from driving FedEx vehicles due to his vertigo.      FedEx policy required Saulsberry to be free of vertigo symptoms for sixty days before he could be re-certified to drive. (Pg ID 93.) Consequently, FedEx placed Saulsberry on a Temporary Return to Work (“TRW”) assignment which mandated that he “work no more than 20 hrs per week with temporary restrictions of no driving in a DOT capacity.”      On March 27, 2011, FedEx cleared Saulsberry to resume driving duties.      Plaintiff sued FedEx, alleging employment discrimination under Title VII, the FMLA, and the THRA.      Specifically, he alleged that he was subjected to a hostile work environment, experienced racial discrimination, and was not permitted to take FMLA leave.      In a short-form order, the district judge agreed with and adopted in full the magistrate judge’s report and recommendation granting summary judgment in favor of FedEx on all claims.   ...   Here, Saulsberry  Appeals To 6th Cir:   COURT DECISION

   MSPB:  Ellis v. USPS  ...   MSPB MITIGATES HIS DEMOTION TO A LETTER OF WARNING AND A GEOGRAPHIC REASSIGNMENT.   ...   The appellant petitioned for review of the initial decision that affirmed the agency’s action demoting him from the position of Supervisor, Customer Service, EAS-17, to his former craft position of City Letter Carrier, based on a charge of unacceptable conduct.      The agency demoted the appellant and reassigned him to a different duty station based on one charge of “Unacceptable Conduct – Misrepresentation of Mail Volume Reports.”      The agency alleged that the appellant intentionally and artificially inflated mail volumes on specified routes on six dates in September and October 2012.      Following a hearing, the administrative judge found that the appellant intentionally misrepresented mail volume reports for the dates referenced in the agency’s proposal notice.      In so finding, the administrative judge relied on the agency’s documentary evidence and witness testimony that the mail volumes recorded and the resulting carrier performance reported by the appellant were “absolutely not plausible,” “unheard of,” and “out of this world.”   The appellant has filed a timely petition for review.   ...   MSPB DECISION

   MSPB:  Travis v. Army  ...   SHE WAS REMOVED ON CHARGES OF EXCESSIVE ABSENTEEISM AND FAILURE TO MAINTAIN A FULL TIME WORK SCHEDULE   ...   Army removed the appellant from her position as a Program Analyst, GS-0343-12, at Fort Irwin, California.     She was removed on charges of Excessive Absenteeism and Failure to Maintain a Full Time Work Schedule, based on her leave usage, which included 2,077 hours of Leave without Pay (LWOP) and 957 hours of Absence without Leave (AWOL)     The agency alleged that she took unscheduled leave when she had no sick leave available and that she failed to provide adequate medical documentation.     The charges also included the allegation that she failed to report for work even after the agency approved a reasonable accommodation allowing her to work half-time.     Both charges were sustained, and the appellant appealed.  ...    MSPB DECISION

   OSC:  State v. Jackson  ...   LIBERALS CRYING BECAUSE HE'S ON DEATH ROW FOR HIS ROBBERY AND KILLING SPREE:    (1.) Super Wash Laundry robbery   (2.) Hobo Joe’s Bar robbery   (3.) Brickhouse Bar robbery   (4.) Howard Johnson’s Inn robbery   (5.) Walgreens robbery   (6.) Soap Opera Laundry Robbery    (7.) Aggravated murder of Tracy Pickryl   (8.) Attempted murder of Christy Diaz   ...   In the early morning hours of June 18, 2009, Tracy Pickryl and Christy Diaz were working at the Soap Opera Laundry. Around 4:30 a.m., Jeremiah Jackson walked into the laundry and approached them. According to Diaz, Jackson asked if he could have a discount because he had only a few items to wash. Pickryl replied that they could not give discounts. Jackson then pulled a gun and pointed it towards Pickryl’s waist. He then demanded, “[C]ome on, give me the money.” Jackson also pulled at a necklace Pickryl was wearing, but he was unable to break the chain.      He directed Pickryl and Diaz toward the front counter. Jeremiah Jackson then pointed his gun at Pickryl’s face and demanded, “[G]ive me the money.” Diaz gave Jackson $6 from her pocket. But Pickryl told Jackson, “[W]e don’t have no money here.” Jackson repeated, “[G]ive me the money.” Pickryl replied, “[D]ude, we don’t have no money.” Jackson grabbed Pickryl’s necklace again and the chain broke when she pulled away. Jackson then grabbed Pickryl’s bracelet, and she pulled back. According to Diaz, Pickryl turned her head toward Jackson and looked at him, and she looked down. Jackson then shot her in the face.     Diaz testified that Jackson turned the gun on her and said, “[G]ive me the money.” Diaz reached behind the microwave and handed him a pouch with money inside. Jackson pulled her toward a nearby office and tried to open it, but the door was locked. He then pointed the gun at her face and fired a shot. Diaz collapsed and thought she had been hit, because her ears were ringing and her face went numb. Jackson then ran out of the laundry.   ...   Here, Jeremiah Jackson  Appeals To OSC:   COURT DECISION

   FLRA:  Defense v. NAIL  ...  NEPOTISM:  WHEN MANAGEMENT DOES THE RIGHT THING, UNIONS, ARBITRATORS & FLRA TEAM TO DO WRONG   ...   After the grievant had worked for the Agency for many years, the Agency made the grievant’s nephew the grievant’s second-level supervisor.     Three years later, the Agency promoted the nephew, and he became the grievant’s third-level supervisor.     About two years after promoting the nephew to third-level supervisor, the Agency reassigned the grievant from the division in which he had worked for over twelve years to a different division.   A grievance was filed alleging that the reassignment violated Article IV, which provides that “all employees will be treated in a fair and equitable manner.”   The grievance went to arbitration.  ...   Here, Defense Appeals To FLRA:   HTML  ...  PDF

   8th Cir:  Doe v. Sammy Hagar  ...   A REAL ROCK STAR BILLIE JEAN CASE: THE PLAYBOY BUNNY vs SAMMY HAGAR OF VAN HALEN   ...  Plaintiff-appellant Jane Doe, a former a Playboy bunny, appeals the district court’s grant of summary judgment of dismissal in favor of defendant-appellee Sammy Hagar, a well-known rock musician.      After meeting in 1983, Jane Doe and Hagar engaged in a romantic relationship spanning several years. In 1988, Jane Doe became pregnant and believed that Hagar was the father of her child. Hagar denied paternity.      Jane Doe gave birth in February 1989 and the child died soon thereafter.      Twenty-two years later in 2011, Hagar published an autobiography in which he alleged that Jane Doe had extorted him by claiming she was pregnant with his child. Jane Doe brought suit against Hagar in Iowa state court alleging various causes of action, including libel per se.   ...   COURT DECISION  ...  ( caution, Hagar uses some colorfully graphic language )

   C.A.A.F:  U.S. v. Macdonald  ...   DID "CHANTIX" CAUSE THE THE ARMY PRIVATE TO FATALLY ATTACK PRIVATE (PVT) BULMER WHILE HE WAS SLEEPING ?  ...   At the time of his arrest, Appellant, was nineteen years old and had been in the Army for approximately a year.     Appellant was assigned to the supply room at Delta Company, Fort Benning, Georgia.     On April 18, 2008, a week shy of his nineteenth birthday, Appellant visited the Martin Army Community Hospital to seek help in quitting smoking. According to the medical record, he sought medical help because he had smoked up to a half pack of cigarettes daily for the past three years. During the visit, the Army doctor prescribed Chantix to Appellant as a smoking cessation drug.      On May 18, 2008, one month after the Army doctor prescribed Chantix, Appellant fatally attacked Private (PVT) Bulmer while he was sleeping, stabbing him to death. Prior to this attack, Appellant did not know nor had he ever interacted with PVT Bulmer.      At the time of Appellant’s attack, PVT Bulmer was a twenty- three-year-old recruit who had been in training for three days.  ...   COURT DECISION

   DcDc:  Lyles v. DcGov  ...   AS A SUPERVISOR, WHAT TO DO WHEN YOUR SUBORDINATE IS MESMERIZED WITH YOUR BUTT ?   ...   In the fall of 2006, Mr. Parks hired Steven Miller to join Ms. Lyles’s team.    Ms. Lyles served as Mr. Miller’s supervisor.    Ms. Lyles alleges that from March 2007 through August 2008, Mr. Miller “verbally and physically sexually harassed” her.    She alleges that Mr. Miller “made lewd gestures toward [her], including imitating that he was spanking [her].”    In addition, he “would go out of his way when passing [her] in the hall to brush up next to her.” Ms. Lyles also alleged that on or around August 2007, Mr. Miller “grabbed [her] breast while they were in [her] office.”    Even after he was transferred to a different office in November 2007, he would find ways to harass her, by “brush[ing] up close against [her] and star[ing] menacingly at” her.    In her formal complaint to the EEOC, Ms. Lyles stated that the sexual hostile work environment “consisted of [Mr. Miller] being inappropriate with his language. He would pat me on my buttocks and make gestures with his hands as if he was jingling [sic] a butt.”    He also told her he would have to take her somewhere to give her a spanking.   ...   COURT DECISION

   MSPB:  Putnam v. Homeland  ...   AS HOMELAND, ARMY, NAVY, AIRFORCE, DEFENSE CONTINUE TO ABUSE THE SECURITY CLEARANCE LAWS, THE LIBERAL PRESIDENT COULD PUT A STOP TO THE FLAGRANT ABUSES  -  BUT HE WON'T   ...   The appellant served as the Assistant Federal Security Director at the Grand Junction Regional Airport in Grand Junction, Colorado.      As a condition of her position, the appellant was required to maintain a security clearance.      On October 26, 2010, citing statements the appellant had made to local police, the agency placed the appellant on administrative leave.      Based upon the appellant’s statements to the police, the agency suspended the appellant’s security clearance on January 26, 2011, and it thereafter proposed the appellant’s indefinite suspension on February 1, 2011, citing the suspension of her security clearance “based on allegations regarding [her] mental health and personal conduct” as outlined in the agency’s January 26, 2011 letter.      In response to the appellant’s request for the information the agency relied on in proposing her suspension, the agency explained that it only relied on the notice it received from its Personnel Security Division that the appellant’s security clearance had been suspended.  ...   MSPB DECISION

   5th Cir:  Davis v. Fort Bend County  ...   WAS IT RETALIATION, RELIGIOUS DISCRIMINATION -or- WAS SHE AN INSUBORDINATE SUPERVISOR WHO GOT FIRED ?   ...   Fort Bend County, Texas, hired Lois Davis in December 2007 as a Desktop Support Supervisor responsible for supervising about fifteen information technology (“IT”) technicians.     In March 2011, Fort Bend County prepared to install personal computers, network components, and audiovisual equipment into its newly built Fort Bend County Justice Center.     As the Desktop Support Supervisor, Davis and her team were to “assist with the testing of the computers ...”     On June 28, 2011, Davis informed Fort Bend County that she would not be available to work the morning of Sunday July 3, 2011, allegedly “due to a previous religious commitment.” Davis testified that “[i]t was a special church service, and that I needed to be off that Sunday[,]     Fort Bend County did not approve her absence, stating that it “would be grounds for a write-up or termination.”     After Davis attended her church event and did not report to work, Fort Bend terminated Davis’s employment.  ...   Here, Lois Davis  Appeals To 5th Cir:  COURT DECISION

   TECH:  NICKI MINAJ AND SIR MIX-A-LOT SERVE UP A BIG _ _ _ _ DELIGHT with "Anaconda" Video   ...  [A fast riser, with over 80 millon views in 7 days]   In the recent past, flat ironing board _ _ _ _ s ruled.  Ampler women were bullied, called fat, unattractive and worse.  ‘Oh My Gosh, Look at Her _ _ _ _’  So they covered up in shame to hide their undesirable fat _ _ _ _s. Suicide rates soared for ample _ _ _ _ women.    Fast Forward to 2014, and the roles have reversed. The ample _ _ _ _ women are no longer the shameful, closeted, undesired, runner up second cousins to the "ironing boards."  They are now the most desired and REVERED (if God gave it, it must be good).    In the sex-charged, foul-mouthed, daisey duked, spandex-ridden, video "Anaconda," Nicki Minaj proudly boasts, in a Thriller, Dr. Frankenstein, mad scientist-ish laugh "He Loves This Fat _ _ _ _ ... Hah, Hah, Hah, Ha !!!"

   MSPB:  Camacho v. Army  ...   AFTER SHE PLAYED THE SEX CARD, THE HISPANIC CARD, AND THE DISABILITY CARD - ARMY STILL REMOVED HER.   ...   Prior to the action at issue, the appellant was told in a meeting that her GS-12 Program Analyst position was to be realigned.     At subsequent meetings, she repeatedly expressed her concerns about the realignment to a variety of management officials, as well as her belief that she could not work with, or in the vicinity of, the Deputy Brigade Commander, based upon his alleged threatening remark.     Her first day in RMB was to be September 14, 2009, but she never reported, providing evidence that she was suffering symptoms related to stress and had been diagnosed with anxiety disorder and panic disorder.     Thereafter the agency proposed to remove the appellant based on “Inability to perform (As a result of a Medical Condition).”     The agency subsequently upheld the proposed action..  ...   MSPB DECISION

   MSPB:  Rassenfoss v. Treasury  ...   I SHOULD RECEIVE A PRESUMED QSI FOR THE YEAR I WAS AWAY ON MILITARY LEAVE   ...   The appellant is a GS-12 Appeals Officer.     He was off on military leave from January 19, 2010 until March 4, 2011.     Thus, in December 2010, when the agency completed his performance appraisal for the period from December 1, 2009, to November 30, 2010, it did not give him a performance rating, but rather, designated him as “Not Ratable.     Because the appellant did not receive a performance rating in 2010, the agency did not give him a Quality Step Increase (QSI) for that year.     The appellant filed an appeal with the Board alleging that the agency discriminated against him for failure to award him a QSI in 2010.   ...   MSPB DECISION

   FLRA:  IFPTE v. Navy  ...   FLRA TELLS THE UNION THAT NO, NO, NO, NO, NO means NO !!!!!   ...   In reviewing the Union's appeal of the Arbitrator's decision in favor of Navy, FLRA determined that "there are six questions before us."      The first question is whether ... , the answer is NO.       The second question is whether ... , the answer is NO.       The third question is whether ... , the answer is NO.       The forth question is whether ... , the answer is NO.       The fiifth question is whether ... , the answer is NO.  ...   FLRA DECISION

   MSPB:  Dawson v. Agriculture  ...   MSPB WENT MEDIEVAL ON THIS GUY:  AGRICULTURE WINS ONE THEY PROBABLY SHOULDN'T HAVE   ...   In three separate appeals, the appellant challenges the agency’s determinations to indefinitely suspend him from his GS-0301-13 position as an Area Director with the agency’s Rural Housing Service in Camden, Alabama, effective November 24, 2012; remove him from his position, effective January 26, 2013; and deny his application for early retirement under VERA pursuant to authority delegated to the agency by the Office of Personnel Management (OPM).  ...   MSPB DECISION

   TexAp:  Tata v. State  ...   THIS POOR VICTIM WAS CONVICTED FOR MURDER JUST BECAUSE SHE WENT TO TARGET TO PICK UP A FEW THINGS   ...   Appellant, Jessica Tata, was the owner and operator of Jackie’s Day Care, which she operated out of her home.     On the afternoon of February 24, 2011, appellant had seven children ranging in age from one to three years old under her care at her home.     Four of the children died as a result of a fire that day, and others were severely injured but survived.     Using appellant’s cell phone records, surveillance footage, and the testimony of witnesses, the state charged Jessica Tata with murder.     A jury convicted appellant, Jessica Tata, of felony murder and assessed her punishment at eighty years’ confinement and a $10,000 fine.  ...   Here, Jessica Tata  Appeals  COURT DECISION

   6th Cir:  Kroll v. Lake  ...   WHEN THE HOT HEADED, FEISTY, ARGUMENTATIVE, JEALOUS EMT REFUSED A MENTAL HEALTH REFERRAL, SHE WAS FIRED.   ...  In September 2003, White Lake Ambulance Authority hired Emily Kroll as an EMT. EMTs are responsible for responding to emergency calls, providing basic medical care, and safely transporting patients to the hospital.     In 2007, Kroll began an affair with Joshua Easton, her married coworker. Their relationship, which lasted for several months, was “rocky” and punctuated by frequent arguments.     Kroll’s personal conflicts with Easton began to affect her behavior at work. Easton claims that Kroll frequently sent him text messages and e-mails and screamed at him over the phone while he was working.     After Kroll had a personal altercation with one of her female coworkers, who she thought was also dating Joshua Easton, her supervisor expressed concern regarding her “immoral” sexual conduct and demanded that she undergo psychological counseling.     When Kroll refused, she was fired.     Kroll claims that WLAA violated the Americans with Disabilities Act (“ADA”) by requiring a medical examination that was not “job-related and consistent with business necessity.”  ...   COURT DECISION

   MSPB:  Blatt v. Army  ...   REVERSED   ...    REVERSED   ...    REVERSED   ...    REVERSED   ...    REVERSED   ...    REVERSED   ...   The appellant was formerly employed as a GS-9 Physical Security Compliance Inspector. The position which required him to obtain and maintain a security clearance.     On July 25, 2013, the agency proposed to remove the appellant for failure to maintain a condition of employment, specifically, a security clearance.     On August 22, 2013, the agency issued a decision that upheld the proposal, warranting the appellant’s removal, effective August 30, 2013.     The appellant elected to voluntarily retire that same day.     On appeal, the appellant challenged the removal on the basis that the agency had not yet made a final determination on his security clearance and that the matter was still under reconsideration.   ...   MSPB DECISION

   CAL:  People v. Merriman  ...   MURDER:   GANG GIRL   ...    SHE HAD A "THANG" FOR VIOLENT WHITE SUPREMACIST GANG GUYS   ...  Katrina Montgomery was 16 years old in 1989 when she started dating Mitch Sutton, one of the founding members of a Ventura County White supremacist gang called the Skin Head Dogs (SHD).     Defendant, Justin James Merriman, who also was 16 years of age at that time, belonged to the same gang. Sutton brought Katrina along to SHD parties where she socialized with his fellow gang members and their wives and girlfriends, some of whom became close friends of hers.     Early in Sutton and Katrina?s relationship, Sutton enlisted in the Army and was sent to Germany. Katrina moved to Germany for eight months to be with him. By the time Sutton returned from his three years of military service in 1992, he and Katrina had broken up.     Meanwhile, between January 1990 and March 1992, Katrina was corresponding and conversing with defendant, Justin James Merriman, on a regular basis while he was in custody in various juvenile detention facilities and in state prison.     In March 1992, defendant wrote to Katrina after she had visited him in prison, saying, “You know deep down inside you enjoy[ed] saying I was „your? long lost locked-up hubby. ... In the same letter, defendant apologized for his “crude and rude but lewd sexual gestures” during the visit and promised next time “not to toss you around like one of them blowup sex dolls.”     Dispite his violent behavior, Katrina Montgomery continued to date Justin James Merriman after his release from prison.   ...   COURT DECISION

   CAC:  Chief Disciplinary Counsel v. Zelotes  ...   ATTORNEY SAYS HE SHOULD NOT BE DISCIPLINED BECAUSE "I Did Not Have Sex With My Client"   ...   NOTE:  The Office of Chief Disciplinary Counsel is an agency responsible for investigating allegations of misconduct by lawyers.       ‘‘Michael Aliano (Michael) and his wife Terry Aliano (Terry), Connecticut residents, were having some problems in their marriage. On March 19, 2010, they were in New London . . . to try to reconcile and were at a jazz bar together. The defendant, Attorney Zenas Zelotes, was there with his girlfriend, Sharon [Wise], and struck up a conversation with the Alianos.     The couples exchanged phone numbers and began seeing one another as couples, in a social capacity. The defendant became friendly with Michael and Terry and socialized together as a threesome.     Thereafter, in June, 2010, the defendant started seeing Terry alone, going on walks in the park together, going to movies, for drinks and began ‘dating.’     ‘‘The defendant had an ‘intimate’ relationship with Terry. . . . He believed he had an obligation to help her proceed with her divorce, and promote her welfare and make her a happier person. On more than one occasion, their date consisted of sitting close together at the kitchen island in Terry’s and Michael’s marital home (without the presence of Michael), holding hands, sharing a glass of wine, with candles, music and dimmed lights. . . . Their first kiss came on such an occasion on September 24, 2010. The defendant filed his appearance on behalf of Terry in the Aliano divorce case three days later on September 27, 2010. . . . ‘‘Sometime in December, 2010, Michael came home earlier than expected . . . and the defendant and Terry were again sitting together at the kitchen island with the same ambience and sharing wine. The defendant described Michael’s demeanor (not surprisingly) as antagonistic. . . .     ‘‘Michael filed a motion in the divorce case to disqualify the defendant from representing Terry in the matter. [The court] Shluger, J., granted the motion on January 24, 2011. After the disqualification, the defendant and Terry ceased their intimate relationship and presumably their ‘dating.’ . . .     ‘‘The plaintiff’s presentment complaint contains several alleged violations of the Rules of Professional Conduct. These include [rule] 1.8 (j). This section prohibits sexual relations with a client unless the relationship predates the representation. The defendant denies any sexual relations with Terry at any time during their courtship. The court cannot find, one way or the other, on this issue, but focuses rather on rules 1.7 (a) (2) and rule 8.4 (4). . . .   ...  DECISION

   MSPB:  Bourlet v. OPM  ...   OPM ORDERED THE DEPARTMENT OF THE NAVY TO REMOVE THE APPELLANT FROM HIS POSITION   ...   OPM ordered the Department of the Navy to remove the appellant from his position as a Utility Systems Repairer Operator based on its determination, following a background investigation, that he was unsuitable for federal employment.     OPM raised three charges affecting the appellant’s suitability for employment:     (1) misconduct or negligence in employment;     (2) criminal or dishonest conduct; and     (3) material, intentional false statement or deception or fraud in examination or appointment.     All of these charges related to events that occurred in connection with the appellant’s employment as a School Patrol Officer with the Tacoma School District from January 2009 until his separation effective June 28, 2012.     Following a hearing, the administrative judge found that OPM proved all three of its charges, but not all of the specifications, by preponderant evidence.   ...   Here, Bourlet Appeals To MSPB:   DECISION

   MSPB:  Alvara v. Homeland  ...   BIG REASONABLE ACCOMMODATION FIGHT:  EEOC GETS SMACKED DOWN AFTER CHANGING ITS OWN LAW TO HELP SHADY COP PIMP HOMELAND   ...   Based on the foregoing, we find no compelling reason to defer to the EEOC’s decision.     Accordingly, we conclude that as a matter of law the EEOC decision is based upon an incorrect interpretation of civil service law, rule, or regulation. In the alternative, we find that the evidence in the record does not support the EEOC decision, and the EEOC decision is so unreasonable that it amounts to a violation of civil service law, rule, or regulation.     Thus, the Board cannot agree with the EEOC decision.     We therefore REAFFIRM our prior decision.     ( the appellant is NOT a “qualified individual with a disability” BECAUSE he cannot perform the fundamental job duties of his position )   ...   MDECISION

   SCC:  State v. Crenshaw  ...   THIS SAD, HURTFUL, VIOLENT CASE MAKES ME ASHAMED TO BE A MAN  ...  Ashley Peoples, lived with her mother and stepfather in the town of Enfield, Connecticut. A friend and coworker, Elisa Astacio, described Ashley as ‘‘the brightest star. Everyone loves her, everyone loves her personality; everybody was friends with her.’’   At around 6 or 7 p.m. that evening, the defendant, Darryl Crenshaw, went to the apartment of Eruverto Flores, Astacio’s boyfriend, at 777 Maple Avenue in Hartford. When the defendant entered Flores’ apartment, Flores realized that Ashley Peoples was trailing behind the defendant. Ashley ‘‘had a blood clot in her eye,’’ the inside of her left eye was ‘‘red’’ and ‘‘bloodshot,’’ and the area under her eye was swollen. Flores testified that it was ‘‘obvious’’ that the defendant had hit Ashley.     The defendant was yelling and appeared upset. He exclaimed that Ashley had ‘‘disrespected’’ him because she was flirting with another man at the salon. He claimed that Ashley ‘‘disrespected [him] on [his] side of town in front of all [his] peoples, [and he was] not [going to] let no girl disrespect [him] and make [him] look bad in front of everybody.’’ At some point, the defendant ‘‘mushed [Ashley] in the head,’’ meaning that he used an open hand to push her head away from him. Flores then jumped in between the defendant and Ashley and told him to ‘‘chill out’’ and not engage in such actions in his apartment.     Ashley then went into the bathroom. After Flores spoke to the defendant in an attempt to calm him down, Flores went to check on Ashley. Ashley was wiping tears from her eyes.  ...  COURT DECISION

   D.C. Cir:  Ward v. McDonald  ...   THIS CASE GIVES A RARE PEEK BEHIND THE CURTAIN OF VETERANS AFFAIRS' "BOARD OF VETERANS APPEALS"   ...   Ella Ward was an attorney advisor at the Board of Veterans Appeals (BVA)     When a veteran’s claim for benefits is denied by a local or regional office of the VA, the veteran may appeal to the BVA. The judges who decide such appeals are assisted by attorney advisors who read the case files, review the evidence and prepare draft opinions.     Beginning in 2001, Ward served as one such attorney advisor. Hers was the quintessential desk job—reading, writing, typing—with the only physical duty being that she had to carry sometimes unwieldy case files from the judges’ offices to her desk. She typically worked eight- to ten-hour days and, like her colleagues, was expected to produce three “credits” per week—each credit corresponding to the preparation of roughly one case.     In 2005, Ward began to suffer from chronic severe lymphedema of the lower right extremity, which causes her right foot and leg to swell with retained fluid. The condition substantially limits Ward’s ability to go up and down stairs, carry moderately heavy case files and travel to and from work. It is exacerbated by long periods of sitting at a desk. To manage the condition, Ward must frequently drain excess fluid, elevate her leg, bandage it and/or place it in a compression machine. The treatments take one to three hours at a time and some require her to disrobe.  ...   COURT DECISION

   FLRA:  AFGE v. GSA  ...   GSA MAMAGEMENT DECIDES TO PLAY TOUGH WITH AFGE REGARDING PERFORMANCE RATING GRIEVANCE   ...   AFGE filed a grievance alleging that an employee should have received a higher rating in two critical elements on his performance rating. At the step-one grievance meeting, AFGE asked the Agency to provide the employee’s performance records, but the Agency refused.     The Union then elevated the grievance to the second step of the grievance procedure. In addition to appealing the Agency’s denial of the step-one grievance, AFGE also sought the grievant’s performance records through “enforcement” of two additional provisions of the parties’ agreement: Article 19, Section 11 – which requires supervisors to “maintain records of performance” – and Article 4, Section 5 – which incorporates the Agency’s duty, under § 7114(b)(4) of the Statute, to provide certain information upon request.     The Agency denied the Union’s grievance, and the Union invoked arbitration.  ...   Here, AFGE Appeals:  FLRA DECISION

FOUNDMAGAZINE.COM IS A GUILTY PLEASURE FOR THE TWISTED AT HEART - If you haven't had the pleasure of reading the twisted letters, notes, cards, etc people have found lying on the streets, in trash cans, or in the drawers of thrift store furniture, now you know.   Caution, some of the language used in the found items is a bit too racy (suggestive, naughty, sexy, spicy) for the snobs amongst us.   NOTE:  If you are a snob, who just likes to complain and start trouble, don't go to FOUNDMAGAZINE.COM.
AND HOW DID FOUNDMAGAZINE GET STARTED ? One snowy winter night in Chicago back in 2000, Davy went out to his car and found a note on his windshield — a note meant for someone else, a guy named Mario:


   IL App:  People v. Mimes  ...   YOU KNOW IT'S WACK, WHEN THE INNOCENT VICTIM IS A DRUG DEALER SELLING HEROIN IN A CHICAGO HOUSING PROJECT   ...  At trial, the testimony of the 17-year-old victim, Lenard Richardson and his older brother, Leonard Cole, established that Richardson was selling heroin in a Chicago public housing building on the evening in question when he was robbed by defendant, Martell Mimes, and three other offenders.    Martell Mimes brandished a silver pistol, took Richardson’s bundle of narcotics and about $200, and hit Richardson in his jaw with the pistol.    Martell Mimes was arrested and charged with the November 8, 2005 attempted first degree murder and aggravated battery with a firearm of the 17-year-old victim, Lenard Richardson.    Martell Mimes was also charged with eight counts of AUUW based on allegations that he was carrying an uncased, loaded and accessible firearm in public and did not have a firearm owner’s identification (FOID) card, was under 21 years of age, and was involved in street gang activity.  ...   COURT DECISION

   MSPB:  Clay v. AmeriCorps  ...   THESE SMALL FEDERAL AGENCIES LACK HR COMPETENCIES COMMONLY FOUND IN LARGER AGENCIES   ...   AmeriCorps effected an action under 5 U.S.C. chapter 75, reducing the appellant in grade/pay band from her position as Director, Office of Emergency Management, NY-04, to the position of Assistant Director of Projects and Partnership, AmeriCorps National Civilian Community Corps, NY-03.     Acknowledging that neither the appellant’s conduct nor performance was at issue,     the agency indicated that the action was necessary because of organizational changes eliminating the need for the appellant’s position, although it stated that it was not taking the action pursuant to the reduction-in-force (RIF) regulations.     On appeal, the administrative judge reversed the action, finding in her July 10, 2013 initial decision that the agency failed to prove that the action promoted the efficiency of the service or that the penalty was reasonable.     The action did not involve a change in salary.     She ordered the agency to cancel the action and to reinstate the appellant to her previous position or an equivalent position and pay band and to award her back pay and benefits for the time period in question..  ...   Here, AmeriCorps Appeals To MSPB:   MSPB DECISION

   MSC  State v. Nickerson  ...   CONSIDERING ALL THE EVIDENCE IN THIS BRUTAL RAPE CASE --- IF THE RACES WERE SWITCHED, HE WOULD BE FREE ???   ...   To protect her privacy, the complainant has been given a pseudonym.   In June, sixteen-year old Emma was living in a motel room in South Attleboro, Massachusetts, with her alcoholic parents and younger sister.     The family had moved to the motel after Emma became involved in a physical altercation with a cousin, causing her family to leave the home they were sharing with Emma’s aunt and cousins.     At the time, Emma had dropped out of high school, but was working to obtain a GED; she also worked part-time at a fast-food restaurant in Pawtucket, Rhode Island. Emma was on probation at the time, with an 8 p.m. curfew that had been imposed by the Family Court as a result of her having been reported missing to the police several times.     Despite this curfew, however, on June 30, Emma’s mother drove her to a friend’s house near Miriam Hospital in Providence at around 10 p.m., with the understanding that she would return for her later that evening.     Emma [testified that she] and her friend watched television, played video games, and smoked marijuana.     The next day, Emma reported that she had been raped.  ...   ( caution, this is a brutal rape case )     COURT DECISION

   CAC  Valente v. Securitas  ...   THE QUEST TO CATCH THE OFFICE "PERV" SEEKING A PAIR OF THE SENIOR MANAGER'S PANTIES   ...   In November, the anonymous note of a sexual nature was left on Ms. Valente’s desk.     The note contained a request for a pair of Ms. Valente’s underpants and verbal descriptions of her, all of which Valente found offensive.     Valente reported this November incident to her supervisor. Security was instructed to be especially vigilant of the area around Ms. Valente’s office. Howarth, in turn, ordered that surveillance be increased around Valente’s office.     In December, a second similarly offensive note was left on Valente’s desk, again seeking a pair of her underpants and apologizing to her if the first note had given her offense.     With Valente’s permission, Affinion installed a hidden camera in her office in late December, to ascertain who was leaving the notes.     The motion activated security camera began recording on December 28. It revealed that [the perv] entered Valente’s office on multiple occasions. In the first instance, recorded December 31, [the perv] is observed sitting in a chair near the door of Valente’s office. A recording from January 3, showed [the perv] entering Valente’s office and rummaging through her desk drawer.     A recording from January 3, showed [the perv] entering Valente’s office and rummaging through her desk drawer.     On January 6, the recording showed[the perv] enter Ms. Valente’s office and ___bate into a cup on her desk.     Ms. Valente sued for invasion of privacy, negligence, and negligent infliction of emotional distress;    she also sued or negligent supervision and [the perv] for intentional infliction of emotional distress and battery.   ...   COURT DECISION



   MSPB:  Carney v. VA  ...   WILL THIS VA WHISTLEBLOWER LIVE TO FIGHT ANOTHER DAY ?  ...   The appellant filed an appeal alleging, among other things, that the VA retaliated against him for assisting a coworker in a grievance proceeding by suspending him for 5 days and, shortly thereafter, suspending him for an additional 14 days.    The administrative judge administrative judge found that the appellant failed to exhaust his administrative remedies with the Office of Special Counsel (OSC) concerning his purported 2010 whistleblowing disclosures and a 2011 reprimand.     The administrative judge further found that the appellant failed to make a nonfrivolous allegation that the VA officials who proposed and decided the suspension actions knew of his protected activity.     The administrative judge dismissed the appeal for lack of jurisdiction, without holding the appellant’s requested hearing.  ...   MSPB DECISION

   11thCir:  U.S. v. Roy  ...   TEACHER COUGHT IN "STING" FOR SEX WITH A 13 YEAR OLD, HAS LIFE SENTENCE REVERSED   ...   Pursuant to a “reverse sting,” Detective Athena Ross of the Sumter County Florida Sherriff’s Office placed an advertisement on Craigslist purportedly offering sex with two women.     Alexander Michael Roy, then a 32 year old 8th grade math teacher in Port St. Lucie, Florida, responded to the advertisement, after which Detective Ross, acting undercover, told Roy that the advertisement was for herself, a thirty- year-old woman named Denise, and her daughter, a thirteen-year-old girl named Torie.     Alexander Roy, and the fictitious mother “Denise,” and thirteen-year-old daughter “Torie” (played by a second undercover detective) discussed various potential sexual activities by email, telephone, and text message.     Eventually, they arranged a meeting at a Waffle House restaurant in Kissimmee, Florida.     Roy drove to the restaurant and entered the parking lot, but he drove away without ever parking his vehicle.     Sherriff’s deputies pulled him over and arrested him, finding condoms and lubricant in his pockets.  ...  Here, Roy  Appeals  COURT DECISION

   MSPB:  England v. Army  ...   ARMY IS MAD - BECAUSE MSPB SAYS THEY ABUSED THEIR SECURITY CLEARANCE BASED REMOVAL AUTHORITY   ...   The appellant filed an appeal of his removal from the position of Industrial Worker, WG-6501-06.     The agency appointed the appellant to the position on September 8, 2008, and assigned him to the Chemical and Biological Directorate (CBD) at Pine Bluff Arsenal, Arkansas.     The agency removed the appellant on December 15, 2013, based on his failure to meet a condition of employment.     The agency based this action on the charge that the AA&E screening revealed “multiple disqualifying factors, specially [sic] dated 10/08 and 08/03.”     On appeal, the administrative judge reversed the agency’s action, finding that the agency failed to prove by preponderant evidence that a successful AA&E determination was a condition of the appellant’s employment.   Army filed a petition for review of the initial decision, which reversed the agency’s action.  ...   MSPB DECISION

   MSPB:  Erlendson v. Justice  ...   THE APPELLANT SERVES AS AN INTELLIGENCE ANALYST WITH THE FBI   ...   In her initial appeal to the Board, the appellant alleged that she was challenging a “USERRA motivated denial of benefits and hostile work environment,” and that “FBI manager(s) have discriminated against me due to my use of military leave by denying me benefits of employment, as well as placing me in a hostile work environment due to my military leave usage.     The FBI moved to dismiss the appellant’s USERRA appeal for lack of jurisdiction, arguing that the Board lacks “jurisdiction over USERRA claims by FBI employees because the FBI is specifically excluded from the applicable statute.”     In response, the appellant argued that generic claims of discrimination under USERRA “ought to be treated differently from those cases of employment and reemployment because the USERRA statute appears to reference and treat those claims differently.”  ...   MSPB DECISION

   OPM MEMO:  ...   Impact of 2014 United States-Africa Leaders Summit on Washington, DC, Commuters , Mon, 8/4 --- Wed, 8/6   ...   OPM

   MSPB:  Flores v. Defense  ...   THE LITTLE PROBATIONARY CASE THAT COULD.   ...   The appellant was a teacher for the Department of Defense (DOD) Dependents Schools prior to her June 1, 2012 termination during her probationary period.     The appellant alleged that the agency committed harmful procedural error and EEO retaliation when it terminated her employment, and she submitted a copy of her original Office of Special Counsel (OSC) complaint.     The administrative judge dismissed the appeal for lack of jurisdiction, finding that the appellant failed to demonstrate exhaustion with OSC and failed to make a nonfrivolous allegation of a protected disclosure or that such disclosure was a contributing factor in the agency’s decision to terminate her employment.    The appellant filed a petition for review.  ...   MSPB DECISION

   10th Cir:  Green v. Postal  ...   WAS POSTMASTER RETALIATED AGAINST FOR EEO ? -or- DERELICT IN HANDLING EMPLOYEE GRIEVANCES ?   ...   A black American, with 37 years service with the Postal Service, including 25 years in management with 14 years as a postmaster.     In August 2008, The Appellant filed a formal charge with the Postal Service’s Equal Employment Opportunity (EEO) Office, alleging that he had been denied a promotion because of his race. The matter was settled.     In November 2009, the Appellant received a letter at his home from Charmaine Ehrenshaft, who was the Postal Service’s Manager of Labor Relations for his district.     The letter instructed the Appellant “to appear for an investigative interview regarding allegations of non-compliance in the grievance procedure.”     The Postal Service claimed that the Appellant was derelict in his handling of employee grievances between April and December of 2009, resulting in multiple adverse decisions that required the Postal Service to pay damages and penalties to grievants.     The Appellant asserts that he and his facility managers had contacted the appropriate person for assistance with the grievances but that the person would not help.  ...  DECISION


   COURT:  Topchian v. Chase  ...   MORTGAGE REFININCING   ...   Did Not Think Banks Were That Bad, Until I Read This Case.   ...   DECISION
   MSPB:  Gingery v. DOD  ...   VEOA CASE   ...   The Gingery saga continues.   ...   DECISION
   MSPB:  Kelly v. Army  ...   FURLOUGH CASE   ...   GS-12 Engineering Technician furloughed . Furloughed some / Overtime others.   ...   DECISION
   MSPB:  Weathers v. Navy  ...   FURLOUGH CASE   ...   GS-11 Materials Engineer furloughed. Agency used RIF principles to decide.   ...   DECISION

   ASC:  Lane v. Ballot  ...   I SHOULD NOT BE HELD ACCOUNTABLE FOR BRUTAL RAPE BECAUSE I AM “GUILTY BUT MENTALLY ILL”   ...   Annie Ballot filed suit against Lennie Lane in superior court.     Annie Ballot’s complaint alleged that Lennie Lane “without provocation attacked the plaintiff, raped her[,] and beat her so severely that she was comatose for an extended period of time and unable to conduct her personal affairs for several months.”     Annie Ballot suffered pain and suffering and humiliation both past and future for which she is entitled to general damages from Lennie Lane in an amount to be determined at trial.”      Annie Ballot died after this suit was filed.  ...   COURT DECISION

   GUIDANCE:  Hollingsworth v. AirForce  ...   ACCORDING TO MSPB, YOU SHOULD STOP USING SPECIFIC CHARGE LABELS   ...   MSPB : " An agency is not required to affix a label to a charge but may simply describe actions that constitute misbehavior in narrative form in its charge letter;     however, if the agency chooses to label an act of alleged misconduct, then it must prove the elements that make up the legal definition of the charge, if any. " [end]     Pemerica.com suggests that you use generic labels, if any: "Misconduct" or “Improper Conduct” or “Conduct Unbecoming” that does not require specific elements of proof.  ...   MSPB DECISION

   MSPB:  Hollingsworth v. AirForce  ...   ANOTHER AWOL REMOVAL GONE BAD ... HE WAS ON BOTH "MAXI-FLEX" AND "FIXED SCHEDULE" AT THE SAME TIME ... IS AIRFORCE REALLY THIS BAD ?   ...   The appellant has filed a petition for review of the initial decision that affirmed his removal for tardiness.     Because the agency failed to prove that the appellant was tardy, we REVERSE the initial decision.     The removal is NOT SUSTAINED.   ...   MSPB DECISION

   Conn.App.Ct.:  State v. Ross  ...   GRAB SOME POPCORN AND READ THIS QUENTIN TARANTINO-ESS MURDER "MOVIE" CASE   ...   Several days before February 5, 2009, the defendant went to the victim’s apartment on Woolsey Street in New Haven and encountered two of her male acquain- tances.     A physical altercation between the two men and the defendant ensued, and the defendant was forcefully ejected from the victim’s apartment.     Shortly thereafter, the defendant purchased a revolver for the purpose of killing the two men.  ...   COURT DECISION

   VAOIG:  PROHIBITED PERSONNEL PRACTICE AND PREFERENTIAL TREATMENT, NATIONAL CEMETERY ADMINISTRATION, VA CENTRAL OFFICE   ...   The former Under Secretary for Memorial Affairs engaged in a prohibited personnel practice when he created a position and preselcted an employee for that position. He also engaged in preferential treatment of an NCA contractor when he developed a less-than-arm's-length relationship with the contractor. Further, NCA improperly gave the contractor sole-source contracts to provide one-to-one services to select NCA employees.   VAOIG Report

   C.A.A.F.:  U.S. v. Jones.  ...   HE ASSUMED THAT HIS MILITARY POLICE FRIENDS HAD JUST PULLED A $380,000 BURGLARY   ...  While on duty during the morning of April 1, 2011, SPC Ellis and his partner responded to a call regarding an armed robbery. When they arrived at the scene they searched and secured the area.     While at the scene, the noncommissioned officer in charge of the Provost Marshal’s Office provided SPC Ellis with a description of the suspects.     Upon hearing a description of the suspects, SPC Ellis assumed that the Appellant and SPC Carrasquillo committed the crime.  ...   COURT DECISION

   FedCir:  Erickson v. Postal  ...   POSTAL SERVICE REMOVED HIM FOR EXCESSIVE USE OF MILITARY LEAVE.   ...   Mr. Erickson, a U.S. Postal Service employee from 1988 to 2000, was a member of the Army National Guard Reserve throughout that period.     In January 2000, during one of Mr. Erickson’s periods of active duty, the Postal Service inquired whether he intended to return to his Postal Service job.     Mr. Erickson replied that he would not report back to work with the agency until he completed his current tour of duty in September 2001.     He stated at that time that he preferred military service to working for the Postal Service. Shortly thereafter, the Postal Service removed him for excessive use of military leave.   ...  COURT DECISION

Circuit Judge
:  The facts giving rise to this case are as curious as they are disturbing.     Eight years ago, Derrick Brown (“the Inmate”), a conniving transgendered prisoner serving a series of weekend sentences at the District of Columbia Jail, assaulted Correctional Officer (“CO”) Stephen Amobi.     Despite the fact that Stephen Amobi was the victim of an unprovoked attack whose injuries required medical attention, Stephen Amobi was arrested, criminally prosecuted, and fired from his employment.     Even after being acquitted at his subsequent criminal trial, after Derrick Brown admitted to initiating the confrontation and assaulting the officer, and after prevailing in a contested administrative hearing, Stephen Amobi was not reinstated until a D.C. Superior Court judge intervened.     Guard Stephen Amobi sued the District of Columbia for conspiracy, false arrest, malicious prosecution, defamation, intentional infliction of emotional distress, deprivation of due process, aiding and abetting, and loss of consortium.  ...   COURT DECISION

   MSPB:  Hebert v. Navy  ...   INDEFINITE SUSPENSION:  MSPB CHIDES NAVY FOR BEING A HARMFUL PREMATURE EJECT-U-LATOR.  (REVERSED)  ...   Consequently, the indefinite suspension cannot be sustained, regardless of whether it would otherwise promote the efficiency of the service.     Because we reverse the action on this basis, we need not and do not decide whether the agency provided the appellant constitutional due process.     We ORDER the agency to cancel the suspension and retroactively restore the appellant effective August 3, 2012.  ...   MSPB DECISION

   MSPB:  Hoover v. AirForce  ...   WAS AIR FORCE WRONG TO REMOVE THE ANTITERRORISM OFFICER FOR TRAVEL FRAUD ?   ...   Air Force proposed the appellant’s removal from his position as Wing Antiterrorism Officer based on a charge of misconduct, which alleged that he submitted incorrect information on 18 temporary duty travel (TDY) and related vouchers.     The deciding official also found a nexus between the appellant’s misconduct and the efficiency of the service and removed the appellant.  ...   MSPB DECISION

   MSPB:  Gomez v. Agriculture  ...   NO MATTER WHAT YOU THINK OF YOUR AGENCY, AGRICULTURE IS THE MOST TRIFLING AGENCY OF THEM ALL.   ...   The appellant was formerly employed by Agriculture. In February 2010, the appellant notified the Deputy Administrator that his own second-line supervisor had instructed him to lie about various time and attendance irregularities he had observed.     Shortly thereafter, the appellant transferred the Small Business Administration (SBA).     During a background investigation at SBA, the appellant's former Agriculture second-line supervisor made numerous derogatory comments about the appellant including that he was not eligible for rehire within the agency and that it would have taken steps to terminate him, had he not transferred to the SBA.     The Agriculture Deputy Administrator notified SBA that the information was not true and that the appellant was both an exceptional performer and reemployablewithin the agency. The appellant remains employed at SBA.     On May 4, 2012, the appellant filed a complaint with the Office of Special Counsel (OSC) alleging that the agency’s actions were taken because of his protected disclosures.  ...   MSPB DECISION

   FedCir:  SadSackSailors v. U.S.  ...   THEY ARE SUING, BECAUSE THE NAVY FORCEFULLY DISCHARGED 3000 SAD-SACK SAILORS TO INCREASE THE QUALITY OF THE NAVY   ...   Appellants filed suit in the Court of Federal Claims, seeking back pay and challenging the action of the ERB on several grounds.     They challenged the merits of the Navy’s decision to convene the ERB in general and its decision to discharge Appellants in particular.     Appellants also made procedural challenges to the ERB, contending that the ERB violated due process and other statutory and regulatory requirements.  ...   COURT DECISION

   MSPB:  Archerda v. DOD  ...   GOOD JOB DOD COUNSEL, VA's WIMPY AZZ COUNSEL NEVER FIGHT FOR ANYTHING (They Just Bend-Ober)   ...   DOD proposed to remove the appellant from his GS-0081-07 Firefighter at the DOD facility in San Joaquin, California based on the charge of Failure To Follow Instructions based in the appellants failure to comply with a Request for Additional Medical Information.     After providing the appellant with an opportunity to respond to the notice of proposed removal, the deciding official issued a decision letter sustaining the proposed penalty of removal.     DOD has filed a petition for review of the initial MSPB decision that reversed DOD’s removal action.  ...   Here, DOD Appeals To MSPB:   MSPB DECISION

   C.A.A.F.:  U.S. v. Flesher  ...   WAS THE MILITARY JUDGE WRONG TO PERMIT THE SEXUAL ASSAULT EXPERT TO TESTIFY ?   ...   WHAT SHE SAID: After midnight, Appellant (her neighbor) walked across the street, crawled through her bedroom window without her knowledge or permission, then proceeded to engage in nonconsensual ______ intercourse with her.       WHAT HE SAID: Appellant testified that S.A. had invited him to come to her bedroom on the night in question and that the ___ was consensual.       WHAT THE EXPERT SAID: Anything to help her win her weak case.  ...   COURT DECISION

   FLRA:  Homeland (ICE)  v. AFGE  ...   LIBERAL FLRA WORKING WITH UNIONS TO UNDERMINE FEDERAL INTERNET SECURITY   ...   Following months of discussion among Agency managers about whether to block webmail access on the Agency’s network, Immigration and Customs Enforcement (ICE) notified the Union that it had decided to terminate employees’ webmail access, effective one week after the notice.     When the Agency instituted the webmail block without bargaining, the Union filed a grievance.    The grievance went to arbitration, where the Arbitrator sided with the Union; against ice.  ...   Here, ICE Appeals To FLRA:  FLRA DECISION

   MSPB:  Butler v. VeteransAffairs  ...   HEY MSPB, CAN YOU THROW A DOG (THE UNION) A BONE  ...   Effective December 30, 2012, Veterans Affairs removed the appellant from his position as Clinical Specialist (Pharmacist), GS-12, based on unauthorized prescribing of controlled substances outside his scope of practice, improper mailing of controlled substances, and falsifying prescription records.  The union grieved the removal, and subsequently invoked arbitration.     Following a hearing, on September 11, 2013, the arbitrator issued a decision denying the grievance.     The union counsel promptly filed an appeal with the Board [...] as a request for review of an arbitration decision.     Veterans Affairs has filed a response in opposition to the request for review, urging that it be dismissed for lack of jurisdiction and as untimely filed.   ...   Here, Butler Appeals To MSPB:   MSPB DECISION

   MSPB:  Beckett v. OPM  ...   SHE MARRIED A DYING FED, BUT MISSED SURVIVOR BENEFITS BY JUST 3 MONTHS  ...   OPM rejected the appellant's surviving spouse annuity application because she was not married to the decedent for at least 9 months prior to his death.   OPM found that Maryland did not recognize common law marriages.    The appellant alleged that she was eligible for a survivor annuity because she met the 9-month marriage requirement based on a common law marriage in the state of Montana.  ...  Here, Beckett Appeals To MSPB:  MSPB DECISION

   MSPB:  Croteau v. VeteransAffairs  ...   SOMETIMES AN EMPLOYEE RELATIONS SPECIALIST GETS CAUGHT UP IN AN SF-52 NIGHTMARE   ...   By letter dated June 20, 2013, received by the appellant on June 21, 2013, the agency notified her that, in lieu of a proposed removal action based on several charges of misconduct, she would instead be reduced in grade from her GS-13 Service Officer position to the GS-9 position of Program Specialist, effective on June 30, 2013.     By letter dated July 16, 2013, received by the appellant on July 18, 2013, she was notified that, although she had assumed the duties of her new position, the Standard Form (SF) 52 effecting the change was not processed due to an administrative error, which was not discovered until after the close of the pay period.    The agency advised the appellant that submitting an SF-52 with an effective date of June 30, 2013, would result in an overpayment and generate a debt, and so the SF-52 would be processed with an effective date of July 14, 2013, and she would be compensated for that pay period (from June 30 to July 14, 2013) based on her former position. The notice also stated that “this change in effective date does not have any impact on the [June 20, 2013] decision . . . and [] for all appeal purposes, June 21, 2013 remains the date that you received the decision.”    The appellant filed an appeal of the reduction in grade on August 15, 2013.  ...   Here, Croteau Appeals To MSPB:  MSPB DECISION

   Cal:  Paratransit v. Unemployment  ...   CASES LIKE THIS ONE REALLY TURN YOUR STOMACH AS A MANAGEMENT REPRESENTATIVE   ...   In February 2008, a passenger filed a complaint with Employer alleging that Claimant had unlawfully harassed her. Employer investigated and concluded the alleged misconduct had occurred.     On May 2, 2008, the human resources manager and its director of administrative services, held a meeting and gave Claimant a disciplinary memorandum including A suspension for two days without pay.     Employer explained the substance of this disciplinary notice and asked Claimant to sign the notice above words that read, "Employee Signature as to Receipt."     Claimant refused to sign because the union president told him not to sign anything without a union representative.     Employer subsequently informed Claimant that his employment had been terminated for insubordination due to his failure to sign the disciplinary notice.  ...   COURT DECISION

   DCDC:  Tyler v. WMATA  ...   I'M OWED $300,000 IN COMPENSATORY DAMAGES BECAUSE THEY THOUGHT I WAS CRAZY   ...   According to the complaint, in November 2010 plaintiff applied for a job as a security officer with Washington Metropolitan Area Transit Authority (WMATA) and received a "conditional offer of employment" contingent on being in "[s]ufficient physical condition, as determined by a Medical History and Examination, necessary to perform the essential functions of a WMATA Special Police Officer."     In October 2011, plaintiff attended an interview at WMATA's office and underwent a physical examination and psychological evaluation.     In May 2012, WMATA informed plaintiff that he had not met the standard for employment with WMATA as a result of his psychological evaluation.     The plaintiff filed the pending case, claiming that defendant discriminated against him.  ...   COURT DECISION


   8thCir:  Hemminghaus v. Missouri  ...   DID THE JUDGE FIRE HER FOR REQUESTING FMLA LEAVE FOR SUSPECTED CHILD ABUSE?   ...   Nadine Hemminghaus worked as a Court Reporter for then Missouri circuit judge Gary M. Gaertner Jr. for 2 1/2 years.    Hemminghaus complains Judge Gaertner fired her because she asked for leave from work to care for her children, whom she suspected had been abused by their nanny, and because she criticized the St. Louis Police Department and the county prosecutor for not pursuing criminal charges against the nanny.     Hemminghaus filed claims against the State of Missouri for violating the Family Medical Leave Act (FMLA) and against Judge Gaertner for retaliating against her for exercising her First Amendment right to free speech.   ...   COURT DECISION

   8thCir:  Audrain v. EEOC  ...   THE COURT TOLD EEOC TO STOP WASTING THE COURT'S TIME WITH THESE FRIVOLOUS (MANAGEMENT HATING) ACTIONS   ...   The EEOC brought this action alleging that Audrain Health Care violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, by refusing to consider David Lunceford for an operating room nurse position on the basis of his sex.      Audrain Health Care moved for summary judgment, arguing that it did not discriminate against Lunceford because he did not apply for the operating room nurse position and was neither eligible nor qualified for it.      The district court granted Audrain's motion, denied the EEOC's motion, and entered judgment for Audrain.   ...   Here, EEOC  Appeals To 8thCir:   COURT DECISION

   11th Cir:  Rodriguez v. Florida  ...   THIS IS A REAL-LIFE REALITY MOVIE, WITH DUMB KILLERS AND ALL    BUT THE PEOPLE ARE REALLY DEAD   ...   On December 4th, Virginia Nimer, her husband Wally Nimer, and her sister Genevieve Abraham planned on having dinner together at a Miami restaurant after Abraham visited two elderly friends, Sam and Bea Joseph, 6 at their apartment.     When Genevieve Abraham failed to appear at the restaurant and their phone calls to the Josephs' telephone number were not answered, the Nimers went to the Josephs' apartment.     The front door was open about an inch. They entered the apartment and found Abraham and the Josephs dead.     Genevieve Abraham was seated in a chair near the front door and had a string of pearls around her left hand.     Bea Joseph was face down on the floor between the kitchen wall and the dining room table. Clutched in her hands were a silver necklace and a bloody napkin.     Sam Joseph was on the floor on the other side of the dining room table, with his legs under the table.  ...   COURT DECISION    CAUTION: Case describes a gruesome murder scene

   SupremeCourt:  NLRB v. Canning  ...   ALL NINE SUPREME COURT JUSTICES REJECT OBAMA'S UNION LOVING RECESS APPOINTMENTS TO THE NATIONAL LABOR RELATIONS BOARD (NLRB)   ...  President Barack Obama exceeded his authority in appointing three NLRB members during a brief Senate break in 2012, the Supreme Court ruled on Thursday, holding that presidents may only exercise their appointment powers during recesses of 10 or more days.  ...  WSJ LawBlog  ...   DECISION

   MONEY:  7 COSTLY DEBT TRAPS AND HOW TO AVOID THEM   ...   Buying Too Much House ...  Co-signing a Loan ...  Raiding Your 401k (TSP)  ...  Mismanaging Credit Cards ...  Binging on Student Loans ...  Over-improving Your Home ...  Starting a Marriage in Debt    Kiplinger.com

   VAOIG:  VA OIG FINDS SERIOUS PROBLEMS AT THE VA VETERANS BENEFITS REGIONAL OFFICE IN NEW YORK   ...   We found the New York VA Regional Office (VARO) staff did not accurately process 27 (30 percent) of 90 disability claims reviewed. We sampled claims we considered at higher risk of processing errors, thus these results do not represent the overall accuracy of disability claims processing at this VARO. Specifically, 13 of 30 temporary 100 percent disability evaluations we reviewed were inaccurate, generally because VARO staff delayed ordering medical reexaminations on average for 9 months after receiving reminder notifications. VARO staff incorrectly processed 8 of 30 traumatic brain injury (TBI) claims.   VAOIG Report

   IL App:  People v. Tally  ...   10 YEAR SENTENCE FOR HOUSE PARTY FIGHT: DID BIASED JUDGE ABUSE HIS AUTHORITY ?   ...   The State charged the defendant, Phillip C. Tally, with aggravated battery for hitting vivtim on the head during a house party fight.     The defendant's attorney told the court that he was not ready to proceed with a bench trial that day because the defendant previously had decided not to proceed with a self-defense affirmative defense, but "that some new information [had] come to light very recently," and he now needed to assert a defense of use of force in defense of person. The defense attorney stated that this defense "came about" the night before and that his investigator had two witnesses who needed to be interviewed.     The judge stated:    " The defendant cannot show up on the morning of trial and pop up with an affirmative defense that should have been disclosed weeks, if not months ago. [...] This argument is totally without merit, and I'm exercising my discretion and I'm denying the motion to continue. "    The circuit court barred the defendant's defense as a discovery sanction, and the defendant appeals his conviction following the bench trial.   ...   Here, Tally  Appeals To IL App:   COURT DECISION

   MSPB:  Abbott v. Postal  ...   MSPB CLARIFIES THAT PLACEMENT OF AN EMPLOYEE ON ENFORCED LEAVE FOR MORE THAN 14 DAYS CONSTITUTES AN APPEALABLE SUSPENSION WITHIN THE BOARD'S JURISDICTION.  (NOT JUST A CONSTRUCTIVE SUSPENSION)   ...   The appellant,a Postal Service employee, submitted a request to work a light-duty assignment on December 29, 2011.     Subsequently the Officer-In-Charge denied the appellant's request on the ground that there was no work available within the appellant's medical restrictions.     On January 6, 2012, the agency proposed to place the appellant on enforced leave because there was no available work within her medical restrictions.     After granting the appellant an opportunity to reply to the notice, by letter dated February 6, 2012, the agency issued a final decision effecting the enforced leave action against her on February 8, 2012.     On February 9, 2012, the appellant filed the instant appeal in which she challenged the agency's enforced leave action against her.     The MSPB administrative judge dismissed the appeal for lack of jurisdiction, finding that the appellant failed to establish that the agency's action constituted a constructive suspension.     The administrative judge also determined that, absent an otherwise appealable action, the Board lacked jurisdiction to consider the appellant's affirmative defenses.  ...   Here, Abbott Appeals To MSPB:   MSPB DECISION        An Important Case To Save / Share

   FLRA:  Justice v. AFGE  ...   JUSTICE: WE HAVE ABSOLUTE AUTHORITY TO CANCEL PAID LUNCH BREAKS  ...  UNION: HEY, NOT SO FAST !   Arbitrator Janet M. Spencer found that the Agency violated the parties' collective-bargaining agreement when it eliminated unpaid, duty-free lunch breaks for day-shift correctional officers at a correctional center (the disputed employees). Accordingly, the Arbitrator directed the Agency to restore the lunch breaks.  ...   Here, Justice Appeals To FLRA:  FLRA DECISION

   MSPB:  Buelna v. Homeland  ...   INDEFINITE SUSPENSION  ...   SOMETHING REALLY STINKS ABOUT MANY OF THESE SECURITY CLEARANCE CASES   IN MANY CASES, THESE GUYS SEEM TO BE ABUSING THEIR AUTHORITY   ...  The appellant was employed as a Federal Air Marshal (FAM) with the Homeland Security Agency, Transportation Security Administration (TSA).     As a condition of employment, a FAM is required to maintain a Top Secret security clearance.     The appellant was notified that his Top Secret security clearance was suspended, effective immediately, pending an internal agency review.     The memorandum indicated that the clearance suspension was based on derogatory information concerning alleged fraudulent claims, which raised questions about his honesty, integrity, trustworthiness, and ability to protect national security information.     The appellant was not provided an opportunity to contest the suspension of his security clearance.     The appellant was placed on and Indefinite Suspension. The appellant appealed his Indefinite Suspension. The administrative judge sustained the indefinite suspension.  ...  Here, Buelna Appeals To MSPB:   MSPB DECISION

   MSPB:  Modeste v. Veterans  ...   HOT STAFFING CASE / MASTER AGREEMENT:   DID VA REALLY GET CAUGHT VIOLATING THE VETERAN'S "RIGHT TO COMPETE" ?   ...   At the hearing, the Veterans Affairs' human resources officials testified that, pursuant to the VA master labor agreement, applicants were divided into three groups (1) those who worked at the facility which posted the job vacancy; (2) those who worked for the agency outside of the facility; (3) and all others.     The administrative judge rejected the agency's claim.   ...   Here, Veterans Appeals To MSPB:   MSPB DECISION         Share Decision With Staffing Staff

   MSPB:  Blanding v. Postal  ...   DID PREFERENCE ELIGIBLE WAIVE ALL APPEAL RIGHTS WITH GRIEVANCE SETTLEMENT?   ...   The appellant, a preference-eligible mail carrier, was removed from his position, effective November 5, 2012, based on a charge of Unacceptable Performance/Failure to Work in a Safe Manner.    The appellant filed a grievance challenging his removal.   ...   Here, Blanding Appeals To MSPB:   MSPB DECISION

   WVSC:  Golden v. Kaufman  ...   $561,502. BECAUSE EMPLOYEE CAUSED "ALIENATION OF AFFECTION" WITH WIFE.   ...   Mark Miller and Maria Miller were married in 1994. They have one child, a fifteen-year-old son. In January 2010, Maria Miller rolled over her 401(k) retirement account into an annuity account with New York Life.     Defendant Justin S. Golden was the New York Life employee who assisted Maria Miller with this transaction.     Several months after Maria Miller purchased the annuity, she and Defendant Golden began having a sexual affair.     Mr. Miller sued New York Life $561,502.00 in monetary damages as liable for Defendant Golden's "wrongful acts" when he engaged in an adulterous affair with his wife that "destroyed" his marriage and led to the Millers' divorce.  ...   Here, Golden  Appeals To WVSC:   COURT DECISION

   C.A.A.F.:  U.S. v. CimballSharpton  ...   IS MISUSE OF OF GOV'T CREDIT CARD: (1) A THEFT AGAINST THE GOV'T ? -OR- (2) A THEFT AGAINST THE CREDIT CARD COMPANY; THAT HAS TO EAT THE LOSS ?   ...   The Air Force issued Senior Airman Candace N. Cimball Sharpton a General Purchase Card (GPC). The GPC credit card enabled Ms. Sharpton to purchase medical supplies for the Air Force hospital at Keesler Air Force Base in Mississippi.      A few months later, Ms. Sharpton as charged for purchasing approximately $20,000 worth of personal goods using her General Purchase Card at AAFES, Walgreens, and Walmart stores.      Ms. Sharpton was convicted of Larceny; Using Oxycodone; Using Cocaine; and Fraudulent Enlistment.  ...   Here, CimballSharpton  Appeals To C.A.A.F.:   COURT DECISION



   GAO:  Human Capital (Human Resources):.  Strategies to Help Agencies Meet Their Missions in an Era of Highly Constrained Resources    GAO

   8thCir:  TonyaHyles v. U.S.  ...   TONYA SAID "THAT SHE'S GOING TO GET SOMEBODY TO TAKE CARE OF HIS A__."   ...   Tyrese Hyles asked David L. Carter, his cellmate at the county jail, to kill Coy L. Smith, who testified against him in a drug case. Tyrese promised to have his girlfreind Tonya bail Carter out of jail, and to give him a 1984 Pontiac in exchange for the murder. Carter agreed. That same day, Tonya bailed Carter out of jail.     According to Samuel Anderson, Tonya said "that's f__ked up that Coy Smith had testified against her boyfriend, Tyrese " and "that she's going to get somebody to take care of his ass."     Tonya asked Samuel Anderson to borrow a gun. So he brought a Beretta stainless steel gun to Tonya's residence and handed her the gun.  ...   Here, TonyaHyles  Appeals To 8thCir:   COURT DECISION

   2ndCir:  PostalUnion v. Postal  ...   POSTAL APPEALS UNION'S SUCCESSFUL OVERTURN OF ARBITRATOR'S DECISION.   ...   Defendant United States Postal Service appeals from the May 16, 2013 judgment of the United States District Court for the Southern District of New York (Katherine B. Forrest, Judge) granting the motion of plaintiff American Postal Workers Union ("APWU") to vacate an arbitral award on the basis that the arbitrator exceeded his powers under the relevant agreement by applying the doctrine of collateral estoppel against APWU.  ...   Here, Postal  Appeals To 2ndCir:   COURT DECISION


   MSPB:  Shannon v. VeteransAffairs  ...   VA FIRED HER FOR FACEBOOKING A VETERAN THAT SHE "WAS WEARING SOCKS, A BRA, AND UNDERWEAR."   ...   The VA Southern Oregon Rehabilitation Center and Clinics (SORCC) removed the Medical Administrative Assistant based on the following two charges: (1) inappropriate relationship with a veteran; and (2) failure to follow policy.     The veteran [facebooked] the appellant that he was going to give her a massage with lotion and asked if she would give him a massage that night. The appellant [facebooked] the veteran that she was wearing socks, a bra, and underwear.  ...   Here, Shannon Appeals To MSPB:   MSPB DECISION

   ARSC:  State v. Wright  ...   PLEASE SUPPRESS: THAT I HELD HER, KISSED HER, AND GRABBED HER BUTT.   ...   The prosecuting attorney charged appellee Officer Mark Wright with one count of sexual assault in the third degree and one count of sexual assault in the fourth degree.   The basis of the charges was that Wright, while employed as a sergeant at the Arkansas Department of Correction engaged in sexual intercourse and sexual contact with an inmate who was in custody.   After the charges had been filed, Wright filed a motion to suppress. The judge granted the motion to suppress.  ...   Here, State  Appeals To ARSC:   COURT DECISION

   MSPB:  Brown v. Interior  ...   REMOVED HER FOR PHYSICAL INABILITY TO PERFORM THE ESSENTIAL FUNCTIONS OF HER POSITION.   ...   The appellant was a GS-12 Criminal Investigator (Special Agent) with the U.S. Fish and Wildlife Service (FWS).     The agency stated that [...] the appellant was restricted from performing a number of the physical functions required in her job as a Special Agent due to her back condition.     The agency further specified that, an agency-convened Medical Review Board determined that the appellant was unable to perform the essential job functions of her position without endangering the health and safety of others.     Effective June 27, 2012, the agency removed the appellant for physical inability to perform the essential functions of her position.     The administrative judge issued an initial decision sustaining the agency's charge, but mitigating the penalty to a demotion to a lower-graded nonlaw enforcement position.   ...   Here, Interior Appeals To MSPB:   MSPB DECISION

   WVSC:  Kanawha v. Kimble  ...   SCHOOL BOARD FIGHTS REINSTATEMENT OF TEACHER FIRED FOR INSUBORDINATION, IMMORALITY, AND SEXUAL HARASSMENT.   ...  Kanawha County Board of Education, West Virginia, argues that Ms. Kimble's insubordination with regard to the overnight Christmas party for the cheerleaders was a sufficient basis to terminate her from both the position of head coach and the position of head cook.     Furthermore, the board argues that the ALJ erred when concluding that Ms. Kimble's act of being in a hot tub with topless, minor, female students did not constitute immoral conduct justifying termination.     Moreover, the board argues that when deciding the immorality issue, the ALJ erred by failing to even consider Ms. Kimble's use of the derogatory term "hoes" in describing the students on a social networking site.  ...   Here, Kanawha  Appeals To WVSC  COURT DECISION

    MSPB:  Harris v. Homeland  ...   SHE'S APPEALING HER DEMOTION IN GRADE AND PAY FOR AN IMPROPER RELATIONSHIP -AND- ABUSING THE HELP.   ...   The appellant served as the U.S. Customs and Border Protection Attaché in Mexico City, Mexico, and was responsible for, inter alia, intergovernmental relations with the Mexican government and advising the Mexican government on law enforcement and drug interdiction issues.     The agency proposed to remove the appellant from her position as a Supervisory Border Patrol Agent on 3 charges: (1) Improper Relationship With A Foreign Government Official; (2) With Failing To Report A Burglary; (3) And Using Government Employees To Perform Non-Work Related Activities.     The deciding official sustained each of the charges and he mitigated the appellant's proposed removal to a demotion to a Border Patrol Agent at a lower grade and pay.   ...   Here, Harris Appeals To MSPB:   MSPB DECISION

   TECH:  NEW HTC E8  ...  SAME SPECS AS M8 FLAGSHIP  ...  WITH PLASTIC BODY  -AND-  FOR HALF THE PRICE.  ...  Engadget.  ...  TheVerge

   D.C.Cir:  Wilson v. Cox  ...   ALLEGES THAT HIS TERMINATION WAS MOTIVATED BY DISCRIMINATION BASED ON AGE IN VIOLATION OF THE AGE.   ...  Theodore Wilson, a former employee of the Armed Forces Retirement Home-Washington, alleges that his termination from his position as a security guard was motivated by discrimination based on age in violation of the Age Discrimination in Employment Act. The district court, determining that no reasonable factfinder could conclude that Wilson was discharged because of his age, granted summary judgment in favor of the defendants. Wilson, however, introduced evidence of two statements made by the person who effected his termination, both of which are indicative of a discriminatory motive.  ...   Here, Wilson  Appeals To D.C.Cir:   COURT DECISION

    MSPB:  Gaetos v. VA  ...   CANNOT A __ CATCH A BREAK ?  :::  MY REMOVAL APPEAL WAS DENIED ON A TECHNICALITY !   ...   Veterans Affairs removed the appellant from her position of Medical Support Assistant. The appellant appealed VA's decision to remove her.     On June 7, 2013, the administrative judge affirmed the agency's removal action. The initial decision had a finality date of July 12, 2013.     On July 13, 2013, the appellant electronically filed a petition for review.     The appellant's petition for review is DISMISSED as untimely filed.  ...   Here, Gaetos Appeals To MSPB:   MSPB DECISION

   FSIP:  VA v. SEIU  ...   ANOTHER SAD ARBITRATION DECISION.    IT'S MIND BOGGLING HOW FLRA AND LIBERAL ARBITRATORS EMPOWER THESE FEDERAL UNIONS TO AVOID DOING THE WORK THE TAXPAYER PAY THEM TO DO   ...   The VA Medical Center, Albany, New York and Local 200United, Service Employees International Union each filed separate requests for assistance with the Federal Service Impasses Panel.  ...  The parties essentially disagree over: (1) how much official time, if any, each of the Union's officers should receive; and (2) ... whether officers or stewards should continue to receive "authorized absence for consultation" (AA time) and, if so, how much.   FSIP DECISION

    MSPB:  Miller v. Army  ...   IN 2012, SHE GOT HER REMOVAL REVERSED - TOLD ARMY SHE DIDN'T LIKE THEIR STINKIN' ACCOMODATION OFFERS.   ...   The appellant was a GS-7 Legal Technician at the U.S. Military Academy at West Point, New York.      In January 2010, the agency notified the appellant that her accommodation would have to be modified. The agency offered the appellant several modifications to her accommodation, including providing various forms of assistance to enable her to conduct those hearings in Washington Hall, a building with an elevator, and later assignment to a GS-6 position.      The appellant found none of these acceptable.      In a January 19, 2012, the agency removed the appellant based on a charge of inability to perform her government duties due to a medical condition and her subsequent declination of an alternative job offer that would accommodate her medical condition.      On appeal, the administrative judge reversed the removal action.  ...   Here, Army Appeals To MSPB:   MSPB DECISION

   CSC:  LongBeachPolice v. LongBeach  ...   WHEN WE POLICE SHOOT AND KILL INNOCENTS: DON'T SNITCH OUR NAMES.   ...   A newspaper asked a city to release the names of police officers involved in certain shootings while on duty. The city aligned itself with the union (opposing disclosure). The trial court denied the union‘s request and ordered the city to release the names of police officers involved in certain shootings while on duty.  ...   Here, LongBeachPolice  Appeals To CSC:   COURT DECISION

   NEWS:  BRIAN WILLIAMS PROVED THAT HE IS, IN FACT, JUST A DUMB NEWSREADER, WITH NO INTELLIGENCE / NO JOURNALISTIC CREDIBILITY. WILLIAMS' QUESTIONS TO SNOWDEN: THE US GOVERNMENT (NSA, CIA, FBI, DOD, ETC) TOLD ME TO ASK YOU THESE QUESTIONS?   ...   Williams spent most of the interview throwing accusatory questions at Snowden. Didn't seem much interested in asking how the the Government was abusing its authority. / the American people.  WILLIAMS' QUESTIONS TO SNOWDEN: The NSA Says you are bad? / Former Intellegence Head says you are bad? / If you really love your country, Why don't you just come home to get water boarded, ball shocked and sent to prison for the rest of your life?

    MSPB:  Chavez v. Small Business Administration  ...   WHAT HAPPENS WHEN THE DECIDING OFFICIAL ___S UP THE DOUGLA FACTOR ANALYSIS   ...   Small Business Administration removed the appellant from his position as a GS-13 Public Affairs Specialist [for] sending sexually oriented images and videos from his work computer; and lack of candor due to his response under oath to investigators ...      The administrative judge mitigated the removal to a 60-day suspension and reduction in one grade level. SBA has filed a petition for review arguing that any error in the deciding official's Douglas factors penalty analysis was harmless error. The appellant argues that the penalty imposed by the administrative judge should be mitigated further.      SBA has filed a petition for review arguing that any error in the deciding official's Douglas factors penalty analysis was harmless error. The appellant argues that the penalty imposed by the administrative judge should be mitigated further.   ...   Here, SBA Appeals To MSPB:   MSPB DECISION

   EEOC:  Stafford v. Justice  ...   JUSTICE: THAT AIN'T WORTH $20,000 !!!   ...   The complainant worked as a secretary. An EEOC Administrative Judge found that she endured daily sexual harassment from her immediate supervisor. The supervisor's unwelcome sexual conduct included:    * making sexually suggestive comments, such as his need to get "laid" and the fact that there was an office bet about how long it would be before the supervisor would sleep with Complainant.    * Trying to visit her home under the pretext of needing to get her signature for her evaluation.    * Inviting Complainant to come to his home to have drinks and take their relationship to a more personal level.    * Frequently calling her on her cell phone after duty hours, including while she was on vacation visiting family.    * Stating that a female associate warden gave him a "woody" and commented on the size of another female employee's breasts..  ...   Here, Stafford Appeals To EEOC:   EEOC DECISION

    COURT: KEEP SHOOTING TIL U'RE SPENT / HE'S DEAD   Supreme Court ruled that police may shoot at a fleeing vehicle and keep shooting until satisfied. SCOTUS

    MSPB:  Dye v. Army  ...   THE OTHERS DESERVED TO BE FURLOUGHED, BUT NOT ME: CAUSE I'M SPECIAL   ...   The appellant petitions for review of an initial decision that affirmed the agency's furlough action.  ...   Here, Dye Appeals To MSPB:   MSPB DECISION

   TECH:  MICROSOFT SURFACE PRO 3 REVIEW  ...  TheVerge  ...  YahooTech  ...  Engadget

    MSPB:  Wyrick v. Transportation  ...  FIRED JUST BECAUSE HE DROVE WITHOUT A LICENSE, FAILED TO REPORT AND LIED ABOUT IT ?   ...   On December 16, 2010, the Department of Transportation proposed to remove the appellant from his position of Administrative Officer at the Oakland Flight Standards District Office (FSDO) in Alameda, California.      The Department of Transportation (agency) listed three charges in support of its proposed action: (1) Lack Of Candor; (2) Operation Of A Government Vehicle Without A License; and (3) Failure To Report A Suspended License.      After providing the appellant with the opportunity to submit verbal and written responses, the deciding official issued a final decision sustaining the proposed removal.      The appellant's removal was effective February 11, 2011.     The appellant filed an appeal challenging the agency's removal action. The Administrative Judge affirmed Transportation's removal action.  ...   Here, Wyrick Appeals To MSPB:   MSPB DECISION

   TECH:  REPORTS OF THE SURFACE MINI'S DEATH HAVE BEEN GREATLY EXAGGERATED  ...  BGR.com.  ...  (My Surface Mini Money Is Burning My Pockets)

   FLRA:  NTEU v. Treasury  ...   TWO ISSUES: (1) WAS TREASURY OBLIGATED TO COUNSEL THE GRIEVANT BEFORE LOWERING HER RATING FROM "EXCEEDS" TO "MEETS"?- -AND- (2) DID THE GRIEVANT RECEIVE A FAIR AND OBJECTIVE APPRAISAL?   ...   The grievant is a senior customer service specialist employed by the Agency. The Agency evaluates its employees using a three-tiered rating system of "[e]xceeds," "[m]eets," and "[d]oes [n]ot [m]eet."2 An employee's overall rating is based on four elements: (1) professional application; (2) job knowledge/technical skills; (3) teamwork; and (4) customer service. Under the parties' agreement, an employee is assigned a certain number of points based on the ratings he or she receives in each of these four categories. Both overall ratings and performance awards are based on the total number of points an employee receives.      In her performance appraisal from the year before the one at issue here, the grievant received an overall rating of "meets" and a rating of "exceeds" in the customer-service job element. Based on her overall points, she also received a performance award.  ...   Here, NTEU Appeals To FLRA:  FLRA DECISION

   DCDC:  Morales v. Gotbaum (PBGC)  ...   WAS THIS WHITE MEXICAN HISPANIC MALE RACIALLY DISCRIMINATED AGAINST BY HIS WHITE SUPERVISORS?   ...   Plaintiff, Paul Morales, claims he was a victim of racial discrimination by his caucasian supervisors in violation of Title VII ... and retaliation in violation of Title VII...      Morales, is a Hispanic male of Mexican national origin, worked for the independent Federal agency, Pension Benefit Guaranty Corporation ("PBGC"), as a GS-13 level Accountant in the Financial Operations Department of the Collection and Compliance Division ("CCD") in Washington, D.C.      During that time, there were various supervisors in CCD. Joshua Gotbaum is the Director of the Pension Benefit Guaranty Corporation ("PBGC") -a Caucasian male; Robert Callahan - a Caucasian male; Matthew Vitello - a Caucasian male; William O'Neill - a Caucasian male; Sherry Mathes - a Caucasian female. .  ...   Here, Morales  Appeals To DCDC:   COURT DECISION

   SCNJ:  State v. Coles  ...   SINCE THE BUSH-CHENEY ADMINISTRATION TURNED THE USA INTO NAZI GERMANY AND THE SOVIET UNION, IT'S NICE TO SEE A COURT DECISION THAT SHOWS RESPECT FOR A US CITIZEN.   ...   We conclude that defendant's detention was unlawful.      The police lacked probable cause to continue his detention after the showup and the search of defendant produced no evidence linking him to the crime. Although the police officers were entitled to a reasonable, but brief, opportunity to confirm defendant's identity, that identification was accomplished at the threshold of defendant's home.      When the police efforts turned immediately thereafter to securing from defendant's aunt consent to search defendant's bedroom, their actions were premised on the belief that the man held in the patrol car was Byseem Coles.      However, at that point, defendant's detention ceased to be lawful. The interactions with defendant's aunt cannot be disentangled from the unlawful detention of defendant in a patrol car parked a few houses down the street.      Thus, the objective reasonableness of this asserted consent-based search founders on the unlawfulness of the police detention of defendant in the totality of these circumstances.      Accordingly, under the totality of these circumstances, we hold that the warrantless search of defendant's bedroom was not objectively reasonable.  ...   Here, State  Appeals To SCNJ:   COURT DECISION

   GOV:  FOOT-IN-MOUTH ... OLD BAMMA IS A SERIAL PRE-MATURE EJACULATOR ?   ...   How many people at Veteran Affairs will get the boot BEFORE the VA I.G. presents any evidence of wrongdoing? First he did it at the IRS, now the VA. I have a novel idea for Old Bamma; how about waiting for evidence of wrongdoing before opening your mouth. Say this "At this point, I have no evidence of wrongdoing" ... "If wrongdoing is found, we will take appropriate action." Experts agree that PATIENCE is a cure for your premature habit.  

   2ndCir:  McGugan v. Aldana-Bernier  ...   AND THEN THERE IS A CASE LIKE THIS ONE: THAT SCARES THE S... OUT OF YOU.      DON'T FLY AGAIN !  ...   In the early morning of July 24, 2008, plaintiff, Ms. Kraton McGugan, boarded a red-eye flight from San Francisco to New York City (JFK Airport) to visit her boyfriend, Chris Tulipanov. On the plane, McGugan began coughing uncontrollably. She asked to be moved to a less crowded area of the plane to avoid bothering neighboring passengers, but a flight attendant told her to return to her seat. Still coughing, McGugan renewed her request "using stronger language."      The flight attendant then moved another passenger, leaving McGugan in a row of seats to herself.      McGugan fell asleep and did not wake up until after the plane had landed and all the other passengers had deplaned.      When she woke up, three police officers were standing over her. They took her to a police station at the airport for questioning and handcuffed her to the wall.      After McGugan answered the officers' questions, an unidentified man informed her that she would be taken to the Jamaica Hospital Medical Center ("JHMC"). JHMC provides psychiatric services.      During their ride to the JHMC, one official injected McGugan with medication without her consent .      Defendant Dr. Aldana-Bernier performed a psychiatric evaluation on McGugan while McGugan was still sedated. Dr. Aldana-Bernier certified McGugan as having a mental illness likely to result in substantial harm to herself or others, thus rendering McGugan subject to involuntary admission to the JHMC.      She was commited for two days.      McGugan brought suit against Defendants Jamaica Hospital Medical Center and four of its employees for their alleged role in forcibly medicating and hospitalizing her.      The United States District Court dismissed her complaint.  ...   Here, McGugan  Appeals To 2ndCir:   COURT DECISION

    MSPB:  Special Counsel v. Lewis  ...   DON'T ... WITH SPECIAL COUNSEL !!! - SAID HIS ATTORNEY ADVISED HIM TO IGNORE OSC'S WARNING   ...   As an employee of the U.S. Postal Service in Carol Stream, Illinois, the respondent was subject to the Hatch Act prohibition on federal employees running for election to partisan political office. OSC notified him that his participation in the general election for a seat in the U.S. House of Representatives violated the Hatch Act. He ran for office anyway. The administrative law judge found that he violated the Hatch Act and ordered his removal from federal service.  ...   Here, Lewis Appeals To MSPB:   MSPB DECISION

    MSPB:  Arena v. Postal  ...   POSTAL SERVICE IS UPSET BECAUSE THE JUDGE MITIGATED THE POT SMOKER'S REMOVAL TO A 120-DAY SUSPENSION.   ...   The Postal Service removed the appellant, a preference eligible Maintenance Mechanic, based on a single charge of "improper conduct" based on three specifications: (1) smoking marijuana on various dates while on duty; (2) failing to stay gainfully employed; 1 and (3) failing to cooperate in a postal investigation.      The appellant filed an appeal of his removal and stipulated to the first two specifications.      After a The MSPB administrative judge found that the agency proved each of the specifications and sustained the charge. He, however, found that Postal failed to establish the reasonableness of the penalty and mitigated the removal to a 120-day suspension.  ...   Here, Postal Appeals To MSPB:   MSPB DECISION


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