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♦       Dec 17, 2018 .. 1st Cir. :  Anderson  v. Brennan (Postal) ..  Plaintiff Diping Anderson was a Postal Police Officer (PPO) employed by the U.S. Postal Service and terminated on September 9, 2013. Her Title VII lawsuit alleged that her termination as a PPO was unlawfully discriminatory on the basis of race and national origin, and independently was in retaliation for her having filed earlier Equal Employment Opportunity (EEO) complaints.    After a seven-day bench trial, the district court concluded that Anderson was not discriminated against but that the decision to terminate her employment, rather than impose lesser discipline, was in retaliation for her protected conduct -- the assertion of her EEO rights.    The Postal Service appeals that ruling here and Anderson appeals from the remedy awarded -- back pay, but not reinstatement or front pay.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 17, 2018 .. 7th Cir. :  Terry v. Gary Community School  ..  For thirty-five years, plaintiff-appellant Gloria D. Terry worked as a teacher and an administrator for defendant-appellee Gary Community School Corporation (the “District”).    At the end of the 2013–2014 school year, the District closed the elementary school where Terry served as the Principal because of declining enrollment.    In turn, the District reassigned her to serve as the Assistant Principal at another elementary school. From Terry’s perspective, this reassignment was a demotion.    Additionally, the District also picked a male employee over Terry for a separate promotion, even though Terry had earned the highest ranking of all the applicants from the interviewers.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 14, 2018 .. VAOIG:  INEFFECTIVE OVERSIGHT OF VA POLICE:   The VA OIG audited the VA security and law enforcement program (police program) to determine whether there was an effective governance structure for reasonably assuring that the program’s objectives were being met.    The OIG found that VA did not have adequate governance over its police program to maintain effective management and oversight.      Summary   Report

♦       Dec 14, 2018 .. VAOIG:  DO WOMEN LIE, CHEAT AND STEAL ?    YES THEY DO !    A former employee at Langley Air Force Base admitted Wednesday that she bilked the federal government out of $1.46 million -- mainly by faking the amount of overtime she worked over 17 years.      military.com

♦       Dec 14, 2018 .. 11th Cir. :  GUICE v. POSTAL ..  Celeste Guice, proceeding pro se, filed this employment discrimination action against her former employer, the Postmaster General of the United States Postal Service.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 14, 2018 .. VAOIG:  WAS IT OVERTIME FRAUD ?  The VA OIG investigated an allegation that an employee of the VA Richmond Medical Center misused official time by recording overtime and compensatory time in excess of 500 hours and 200 hours, respectively.    Summary   Report

♦       Dec 14, 2018 .. JUSTICE OIG:  Report of Investigation: Recovery of Text Messages From Certain FBI Mobile Devices.     Summary   Report

♦       Dec 13, 2018 .. FLRA:  ARMY v. AFGE ..  The sole question before us is whether the Agency filed its exceptions timely. The grievant sought unpaid retention incentives that the Agency paid to other employees. In his first award, Arbitrator Samuel J. Nicholas, Jr. sustained the grievance and awarded backpay for the unpaid retention incentives for 2010 to 2014. In his second award, the Arbitrator extended the recovery period to include 2015, but did not otherwise revise his award.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 13, 2018 .. FLRA:  NAVY v. IAF ..  The sole question before us is whether the Agency filed its exceptions timely. The grievant sought unpaid retention incentives that the Agency paid to other employees. In his first award, Arbitrator Samuel J. Nicholas, Jr. sustained the grievance and awarded backpay for the unpaid retention incentives for 2010 to 2014. In his second award, the Arbitrator extended the recovery period to include 2015, but did not otherwise revise his award.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 12, 2018 .. FLRA:  NFFE v. HUD ..  In this case, we consider the negotiability of a proposal that would prohibit an Agency official from providing any input to an employee’s rating official about the employee’s performance of customer‑service duties.    The main question before us is whether the proposal impermissibly affects management’s rights to direct employees and to assign work under § 7106(a)(2)(A) and (B) of the Statute.    Because the proposal excessively interferes with these management rights, it does not fall under an exception to those rights.    We also deny the Union’s severance request.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 12, 2018 .. FLRA:  NAVY v. F.O.P ..  The question before us is whether an award of attorney fees is contrary to law.    Arbitrator Gary A. Anderson found that the Agency violated the parties’ agreement by not providing bargaining-unit employees (employees) with adequate body-armor vests.    He directed the Agency to replace any expired, damaged, or unfit vests, and also granted the Union attorney fees. The Agency filed contrary-to-law exceptions challenging only the attorney-fee part of the award. ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 11, 2018 .. 8th Cir. :  HUSTVET v. ALLINA ..  Allina Health System (“Allina”)is comprised of thirteen hospitals and approximately ninety clinics in Minnesota and western Wisconsin.     Janice Hustvet sued her former employer, Allina, alleging violations of the ADA and the MHRA, after Allina terminated Hustvet’s employment for refusing to fulfill a job requirement that she take necessary steps to develop immunity to rubella.     Hustvet appeals the district court’s1 adverse grant of summary judgment to Allina.  ..  COURT DECISION:   (.pdf)   (.html)

♦        Recent Articles By Mathew B. Tully :  

   Mathew B. Tully concentrates his practice on representing federal government employees and military personnel.   All Articles

♦       Dec 10, 2018 .. GOVEXEC:  Air Force Security Had Four Chances to Block Firearms of Texas Church Shooter.    troubled veteran who went on to murder 26 parishioners of Church in Sutherland Springs, Texas, in 2017, according to a long-awaited watchdog REPORT.     GovExec   Report

♦       Dec 10, 2018 .. 11th Cir. :  Titus v. Miami Dade ..  Plaintiff Selwyn Titus appeals the district court’s grant of summary judgment in favor of Plaintiff’s employer, Miami-Dade County, in this civil action alleging employment discrimination and retaliation.    Plaintiff identified himself as a 51-year-old, black, Trinidadian, Seventh-Day Adventist.    Plaintiff began working as a heavy equipment operator in the County’s Water and Sewer Department. In March 2011 and in October 2012, Plaintiff applied for three posted openings for a Pipefitter Supervisor position. The three supervisor positions were filled by applicants who Plaintiff contends had less experience and who lacked the appropriate state license for the position. . ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 10, 2018 .. Fed. Cir.:  Ahuruonye v. Interior (FWS) ..  Barry Ahuruonye appeals from a final decision of the Merit Systems Protection Board (“the Board”).    After remand from this court, the Board denied Ahuruonye’s request for corrective action relating to a proposed five- day suspension.    Although Ahuruonye claims his proposed suspension constituted whistleblower retaliation, the Board concluded that the U.S. Fish and Wildlife Service established that it would have proposed Ahuruonye’s five-day suspension despite his whistleblowing activity.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Dec 7, 2018  ...  DOI OIG:  INVESTIGATION OF MISCONDUCT AND MISMANAGEMENT ..  We found that a SIPI manager had a sexual relationship with a student and was confrontational, abrasive, and argumentative in the workplace..   Summary    Report

☀       Dec 6, 2018  ...  DOJ OIG:  SENIOR JUSTICE OFFICIAL COMMITTED MULTIPLE SEX-RELATED OFFENSES. ..  The Dept of Justice, Office of the Inspector General (OIG) investigation substantiated that the senior DOJ official (1) sexually harassed one subordinate when he pressured her into a sexual relationship with him in exchange for a promotion; (2) sexually harassed another subordinate when he made repeated verbal sexual advances to her and ultimately sexually assaulted her; and (3) sexually harassed two other subordinates by engaging in sexually inappropriate conduct toward them.    OIG also found that the senior DOJ official had engaged in a long term sexual relationship with a subordinate. He supervised, rated and promoted her.   Summary

☀       Dec 6, 2018 .. FLRA:  AFGE v. VA (Asheville) ..  THE PERIOD TO FILE A GRIEVANCE BEGAN THE DAY THE AGENCY TOOK THE ACTION GRIEVED. ..  The Union requested official time for two union stewards (employees) to attend safety training.     On May 4, 2017, the Agency advised the Union that it would approve official time “for the main safety representative” to attend the training.[1] And on May 5, 2017, the Agency again advised the Union that it would only authorize “one” employee to attend the training on official time.[2] The Union sent both employees, one of which used annual leave to attend.     On July 19, 2017, the Union filed a grievance on behalf of the employee who was denied official time to attend the training. The parties could not resolve the matter and invoked arbitration.  ..  FLRA DECISION:   (.pdf)   (.html)



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☀       Dec 4, 2018 .. 6th Cir. :  Brumley v. UPS ..  Melissa Brumley injured her back while unloading heavy packages from a United Parcel Service, Inc. (UPS) truck.   After receiving workers’ compensation and taking a leave of absence, Brumley returned to work without any injury- related restrictions.    Several months later, she sued UPS for failure to accommodate, in violation of the Americans with Disabilities Act. ..  COURT DECISION:   (.pdf)   (.html)

☀       Dec 4, 2018 .. 4th Cir. :  Tamika Ray v. IPC ..  THIS IS THE ALLEGED VICTIM'S ACCOUNT OF WHAT OCCURRED... ..  IPC, which manufactures and distributes packaging boxes, hired Tamika Ray in 2002 to work as a “bundler” in its converting department. In 2007, Ray was promoted to the position of “operator.”    [[[ NOTE-- For purposes of summary judgment, the district court assumed that Johnnie McDowell was Ray’s supervisor at all relevant times. On appeal, neither party challenges this characterization. --END NOTE]]]    Beginning in 2003, one year after Ray began working at IPC, McDowell started acting inappropriately toward Ray including asking Ray to engage in sexual activity with him and offering to pay her for those acts.     McDowell also made several overtly sexual comments to Ray, stating that he wished he could “bend her over [his] desk,” that he would father a child with her, and that he would engage in sexual activity with Ray’s sister-in-law if Ray did not acquiesce to his demands.  ..  COURT DECISION:   (.pdf)   (.html)

☀        Recent Articles By Mathew B. Tully :  

   Mathew B. Tully concentrates his practice on representing federal government employees and military personnel.   All Articles

☀       Dec 3, 2018 .. MSPB:  Special Counsel ex rel. Robert Cameron v. Department of Veterans Affairs ..  For purposes of ruling on OSC’s request for an initial stay in this ex parte proceeding, OSC’s version of the facts is accepted as true.    On September 6, 2017, and again on February 21, 2018, life-threatening medical complications arose during thoracic surgeries performed by Dr. Cameron that required the insertion of a DLT. Dr. Cameron believed the complications were caused by either the mistakes or inexperience of the general anesthesiologists who inserted the DLTs.    Cameron also asserted that the two incidents were “100% preventable” and “should be extremely rare.”    He concluded that any case involving a DLT “is not managed acceptably with your current system” and that he could not “look our Veterans in the eye and tell them that they will be well cared for.” As a result, he made specific requests that he believed would ameliorate the problem.    On June 22, 2018, Dr. Cameron’s supervisor gave him a letter, informing him that his services were “no longer required” and that his separation would be effective July 7, 2018.    IS HE A WHISTLEBLOWER ?    ..  DECISION:   (.pdf)   (.html)

☀       Nov 30, 2018 .. 7th Cir.:  Lewis v. Wilkie (VA) ..  Jerry Lewis is an employee of the United States Department of Veterans Affairs (the “Agency”). Lewis worked as a cook in the Nutrition and Food Service Department from December 2008 until September 2009 and then again from December 2013 until April 2015.     The four-year gap in employment from 2009 to 2013 occurred because Lewis was terminated and then, after a successful Equal Employment Opportunity (EEO) complaint, was reinstated to his former position.     Lewis alleges that upon reinstatement he faced retaliation from the Agency and two supervisors for his EEO activity.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 30, 2018 .. Md. Ct. Spec. App. :  Sewell v. State (Md) ..  Kelvin Sewell was Chief of the Pocomoke ROOM Police Department (the “Department”) from December 2011 to July 2015. Sewell1 alleged that Pocomoke ROOM terminated him in 2015 for refusing to fire Officer Franklin Savage and Lieutenant Lynell Green. Sewell’s termination occurred in the same year that he and Savage filed a series of complaints with the United States Equal Employment Opportunity Commission (“EEOC”) alleging various forms of racial discrimination against the Department and, eventually, the Worcester County Sheriff’s Department and the State’s Attorney for Worcester County.  ..  COURT DECISION:   (.pdf)   (.html)


☀       Nov 29, 2018 .. Cal. Ct. App.:  Ramos v. Superior Court ..  DISCRIMINATION, RETALIATION, WRONGFUL TERMINATION, AND ANTI-FAIR-PAY PRACTICES ? ..  Constance Ramos, an experienced litigator and patent practitioner with a doctorate in biophysics, was hired as an “Income Partner” at the law firm Winston & Strawn, LLP (Winston). After allegedly being denied recognition for her work, excluded from opportunities for career advancement, evaluated based on the success of her male colleagues, and denied compensation and bonuses to which she was entitled, Ramos sued Winston, asserting various causes of action under state law for discrimination, retaliation, wrongful termination, and anti-fair-pay practices.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 29, 2018 .. D.D.C. :  Ellis v. Mathis ..  DISABILITY DISCRIMINATION & RETALIATION ? ..  As relevant here, Plaintiff Gregory Ellis worked as an Archives Specialist and Archivist for the Naval History and Heritage Command in Washington, D.C., from around 2010 until January 2018.     Ellis claims that while working for the United States Navy, he was subjected to discrimination, retaliation, and a hostile work environment because of his disability.     He thus brought this suit against Secretary of Defense James N. Mattis, asserting violations of the Rehabilitation Act, Title VII, and the Family Medical Leave Act.     Secretary Mattis now moves to dismiss all but the FMLA claim.  ..  DECISION:   (.pdf)   (.html)

☀       Nov 29, 2018 .. Tex. App. :  IPFS v. Sue Ann Lopez ..  YES, I SIGNED THE ARBITRATION AGREEMENT ... BUT, A WOMAN CAN CHANGE HER MIND.  ? ..  IPFS provides short-term financing to businesses and individuals so they can pay insurance premiums. Sue Ann Lopez was an IPFS sales representative from July 2015 to November 2017.     Lopez then went to work for an IPFS competitor, and IPFS threatened to sue her for breach of non-solicitation contracts she signed with IPFS.     Lopez brought suit seeking a declaration of her rights under the parties’ non-solicitation agreements. IPFS contends that her action is subject to arbitration.     Lopez disagrees. ..  COURT DECISION:   (.pdf)   (.html)

☀      Nov 28, 2018 .. Supreme Court:  Weyerhaeuser Co. v. Fish and Wildlife Serv ..  The Fish and Wildlife Service administers the Endangered Species Act of 1973 on behalf of the Secretary of the Interior. In 2001, the Service listed the dusky gopher frog as an endangered species.    That required the Service to designate “critical habitat” for the frog. The Service proposed designating as part of that critical habitat a site in St. Tammany Parish, Louisiana, which the Service dubbed “Unit 1.”    The frog had once lived in Unit 1, but the land had long been used as a commercial timber plantation, and no frogs had been spotted there for decades.    The Service concluded that Unit 1 met the statutory definition of unoccupied critical habitat because its rare, high-quality breeding ponds and distance from existing frog populations made it essential for the species’ conservation.  ..  DECISION:   (.pdf)   (.html)

☀       Jerry Lewis is an employee of the United States Department of Veterans Affairs (the “Agency”). Lewis worked as a cook in the Nutrition and Food Service Department from December 2008 until September 2009 and then again from December 2013 until April 2015.     The four-year gap in employment from 2009 to 2013 occurred because Lewis was terminated and then, after a successful Equal Employment .

☀       Nov 27, 2018 .. 1st Cir. :  Mancini v. Providence ..  Mark Mancini is a veteran police officer in Providence, Rhode Island.    On November 15, 2010, Mancini (then a sergeant) sustained a knee injury while in pursuit of a suspect.    Mancini sued the ROOM for discrimination under the Americans with Disabilities Act (ADA),    A few weeks before his accidental disability benefits application was denied, Mancini sat for the 2012 lieutenants promotional examination.    In June of 2012, Mancini scored a 92 on the written exam, earning 78.2 points toward his final score. He received a full 5 points for seniority and a full 5 points for education. For the service-point component — determined prior to the administration of the written examination — the Chief awarded Mancini 0 points. Mancini's aggregate score placed him seventh among the sixteen aspirants. As the ROOM had only five open lieutenant positions, he was not promoted. One additional point would have altered the mix and ensured his promotion.    Mancini did not accept his rejection lightly.  ..  DECISION:   (.pdf)   (.html)

☀       Nov 26, 2018 .. Fed. Cl. :  Langan v. US (AirForce) ..  YOU GOTTA READ THIS ... PROOF THAT AIR FORCE IS A BUNCH OF IDIOTS. ..  Christopher P. Langan began service in the United States Air Force (“Air Force”) on January 9, 2003.     He was deployed to Afghanistan from September 25, 2010 to January 9, 2011 and thereafter “suffered from [a] variety of service-connected disabilities.” ... READ ON  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 23, 2018 .. FLRA:  ACT v. Defense ..  Statement of the Case:     In this case, we reaffirm that parties may set conditions on the execution of their agreements before triggering agency-head review under § 7114(c) of the Federal Service Labor‑Management Relations Statute (the Statute).     This matter is before the Authority on a negotiability appeal filed by the Union under § 7105(a)(2)(E) of the Statute.[2] The petition for review (petition) involves one proposal concerning the uniforms that military technicians wear when performing civilian duties. The Agency filed a statement of position (statement), to which the Union filed a response (response).     For the reasons that follow, we find that the proposal is outside the duty to bargain.     Accordingly, we dismiss the petition.  ..  FLRA DECISION:   (.pdf)   (.html)

☀       Nov 21, 2018 .. D.D.C. :  Robinson v. Howard ..  LAW PROFESSOR WRONGLY ASSUMED ADULT LAW STUDENTS COULD HANDLE SENSITIVE ISSUES. ..  Mr. Robinson is a tenured law professor at Howard University.    During a lecture on agency law, he distributed a quiz to his class. One of the quiz questions described in graphic detail types of body waxes and the way aestheticians perform them.    Mr. Robinson called on two female students to discuss their answers to the question. They later reported that the exchange made them feel uncomfortable and that at least one other student had left the classroom.    After investigating, University officials determined that the question was indeed inappropriate and issued Mr. Robinson a confidential letter of reprimand.    He was also required to participate in sensitivity training, to submit future quiz and exam questions to the Dean’s Office for approval, and to have a few of his future lectures monitored.    Impenitent, Mr. Robinson sued the University and various officials.  ..  DECISION:  (pdf)   (html)

☀        VICTIMS' RIGHTS ACTIVISTS ARE INCENSED:  EDUCATION SECRETARY PROPOSING EQUAL RIGHTS TO STUDENTS ACCUSED OF SEXUAL ASSAULT.     Proposes Enhanced Protection For Students Accused Of Sexual Assault. Under DeVos' proposal, college and university students charged with sexual misconduct and assault would have stronger due process rights that include the ability to have an advocate cross-examine his or her accuser.    NPR's Lakshmi Singh speaks with Cynthia Garrett

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☀       Nov 21, 2018 .. FLRA:  Defense (DLA) v. AFGE ..  An employee (the grievant) was on a four-day-per-week telework schedule. During a reorganization, the Agency limited employees’ weekly telework to no more than three days. As a result, the grievant’s telework schedule changed to three days per week.     Eventually, the grievant requested to return to a four-day-per-week telework schedule (the telework request). The grievant’s first‑ and second-line supervisors denied the request, but permitted the grievant to continue teleworking three days per week.     The Union filed a grievance with the director of financial services (the first director), alleging that the Agency violated the parties’ agreement by denying the telework request. The first director delegated authority to respond to the grievance to the director of operationalized activity (the second director). The second director then authorized a labor relations specialist (the specialist) to communicate with the Union over the grievance and the telework request.  ..  FLRA DECISION:   (.pdf)   (.html)

☀       Nov 19, 2018 .. 4th Cir. :  Netter v. Sheriff Barnes ..  Netter, a Black and Muslim woman, worked for the Guilford County Sheriff’s Office for approximately nineteen years, most recently as a detention services supervisor.     For more than sixteen years, Netter compiled an unblemished disciplinary record. That changed in April 2014, when she received a disciplinary sanction that barred her from testing for a promotion. Netter filed timely complaints with Guilford County Human Resources and the Equal Employment Opportunity Commission.     She alleged that similarly situated officers, who were neither Black nor Muslim, had not been similarly disciplined.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 19, 2018  ...  FLRA:  US AGM v. AFGE  ...   In a March 2018 award, Arbitrator Suzanne R. Butler found that she had the authority to resolve an overpayment‑waiver dispute (the current dispute) because it fell within her retained remedial jurisdiction from a 2011 award. Then, in a June 2018 award, the Arbitrator held that the Agency should have waived the collection of overpayments to six employees (the grievants). The Agency filed exceptions to both awards.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       EDUCATION SECRETARY BETSY DEVOS RELEASES SEXUAL ASSAULT RULES SHE HAILS AS BALANCING RIGHTS OF VICTIMS, ACCUSED   ... her long-awaited rewrite of rules governing campus sexual harassment and assault allegations, narrowing the cases schools must investigate and giving the accused more rights.  WashPost

☀       Nov 16, 2018 .. FEDERAL EMPLOYEE GROUPS FILE LAWSUIT AGAINST THE VA over official time restrictions. (by Jesse Bur)    Federal Times

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☀       Nov 16, 2018  .. Fed. Cir. :  Kerr v. MSPB  ..  Leslie A. Kerr petitions for review of the MSPB’s dismissal of her claim under the Whistleblower Protection Act, as untimely filed without good cause for the delay.     Because the MSPB abused its discretion in rejecting Kerr’s claim of good cause, we reverse and remand.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 16, 2018  .. D.D.C.:  McIver v. Shulkin (VA)  ..  Plaintiff alleges the following facts. In May 2013, he interviewed with “Mr. Mills” for a “WG-6 Driver Position” with the VA.     During the interview, Mr. Mills “told” plaintiff that he “did not qualify for the position” since he “did not have a CDL or CPR certification” and “ended the interview due to what [plaintiff] believed was discrimination by the VA.”     Plaintiff also alleges that his VA records “clearly” show that he is a “veteran with 10 Point preference, therefore, he “was and should have been considered as being a Schedule A Hiring Authority for people with disabilities, service connected from combat war service.”  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 16, 2018 .. Fed. Cir.:  Kerr v. MSPB (Interior) ..  Kerr was employed by [Interior's] Fish and Wildlife Service from February 1980 to her involuntary retirement in June 2006.     Both parties treat Kerr’s involuntary retirement as effectively a removal: we will too.     Before her removal, Kerr was subjected to a series of adverse personnel actions. Kerr filed a formal complaint with the agency’s EEO office in May 2006, challenging the adverse personnel actions and alleging claims of sex and religious discrimination and retaliation.     When Kerr was removed she did not initially seek review of her removal claim before the EEO office but instead, in June 2006, challenged her removal and the earlier adverse personnel actions by filing an appeal with the MSPB.     In her MSPB appeal, Kerr alleged that the adverse personnel actions were based on sex and religious discrimination, prohibited by the Civil Rights Act, and constituted retaliation for engaging in whistleblower activities protected under the WPA.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 15, 2018 .. 8th Cir. :  EEOC v. NMHC  ...   ALWAYS GOOD TO SEE COMMUNIST, ANTI-MANAGEMENT, EEOC SMACKED DOWN BY ANOTHER COURT.  ...   Sure-Ondara is a Seventh Day Adventist and a registered nurse.     North Memorial, a hospital healthcare provider based in Robbinsdale, Minnesota.     Sure-Ondara applied and, after an initial screening, attended an open house hiring event where she was interviewed for the Elderly (CACE) Unit.     Sure-Ondara did not disclose that her religion would prevent her from working from sundown on Fridays to sundown on Saturdays. -- Despite learning that a registered nurse working night shifts in the CACE Unit was required to work eight-hour shifts every other weekend.     On November 11, Sure-Ondara was offered and accepted a conditional offer of employment.     When Sure-Ondara went to the hospital to complete pre-employment paperwork, she disclosed to a receptionist in HR: “I need to be accommodated because of my religious beliefs, that I need Friday nights off for Sabbath rest. I don’t work Fridays.”     In December 2013, Sure-Ondara filed a charge of discrimination with the EEOC alleging inter alia that she was “discriminated against because of my religious beliefs/7th Day Adventist . . . and/or in retaliation for requesting religious accommodation in violation of Title VII.”   ...   COURT DECISION:   (.pdf)   (.html)

☀       Nov 15, 2018  ...  Fed. Cir. :  Stekelman v. United States  ...   Appellants Dr. Marta Stekelman and her husband, Herman Edelman (together, “Appellants”), appeal an opinion and order of the U.S. Court of Federal Claims that dismissed their claim for miscalculated retirement annuity for lack of jurisdiction.     The U.S. Department of Defense employed Dr. Stekelman as a medical doctor for about thirty-two years.     Upon her retirement from service in 2010, Dr. Stekelman applied for retirement annuity benefits offered under the Federal Employees’ Retirement System (“FERS”)     OPM determined that Dr. Stekelman was entitled to a monthly gross annuity.     After receiving the annuity notice, Dr. Stekelman requested reconsideration by OPM of the originally calculated gross annuity, and argued that OPM failed to consider her entitlement to “[physician] comparability allowance” as additional income when calculating her monthly gross annuity.     OPM denied the Request for Reconsideration, affirming its initial decision that the “annuity is correctly computed.”     Dr. Stekelman appealed this denial to the Merit Systems Protection Board (“MSPB”).   ...   COURT DECISION:   (.pdf)   (.html)

☀       Nov 14, 2018  ...  Fed. Cir. :  Boss v. Homeland  ...   Mr. Leonard Boss, a U.S. Border Patrol Agent, challenges a 15-day suspension imposed by his employing agency, Customs and Border Patrol (“CBP”).     The suspension was based on three charges: (1) failure to follow policy related to overtime sheets, (2) failure to follow supervisory instructions, and (3) conduct unbecoming a [BPA].     The arbitrator reduced the suspension to ten days.     Mr. Boss appeals.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Nov 14, 2018  ...  Fed. Cir. :  Sihota v. IRS  ...   Ms. Dalwinder Sihota was employed as a Lead Customer Service Representative for the IRS, where she worked for over 25 years. In 2011, an IRS audit determined Ms. Sihota filed her taxes improperly in 2003.     Ms. Sihota reported a loss of income based on her purported ownership of NKRS Transport, a trucking company.     The IRS audit, however, revealed NKRS Transport was actually owned by Ms. Sihota’s son. The IRS determined Ms. Sihota underpaid $5,341 in taxes.     Because Ms. Sihota understated her tax liability, the IRS removed Ms. Sihota in May 2012 based on multiple charges.     Here, Ms. Sihota petitions for review of an arbitrator’s decision that reinstated her employment with the IRS, but imposed a ten-day suspension and reduced her back pay.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Nov 14, 2018  ...  Fed. Cir. :  Siler v. EPA  ...   From 1997 to 2016, Mr. Siler served as an EPA Special Agent in the agency’s criminal investigation division (CID), a subdivision of its Office of Criminal Enforcement, Forensics, and Training (OCEFT). As a special agent, Mr. Siler investigated criminal violations of environmental law.     The Environmental Protection Agency removed Mr. Matthew Siler from his position following an administrative investigation. On appeal to the [MSPB], the Board [...] ultimately affirmed the EPA’s decision to remove Mr. Siler.     Mr. Siler argues that the Board erred and misapplied the law concerning his whistleblower defense.   ...   COURT DECISION:   (.pdf)   (.html)

☀       NEWS: ITS OFFICIAL - AMAZON NEW HEADQUATERS (HQ2) SPLIT BETWEEN WASH DC SUBURB (ARLINGTON, VIRGINIA) AND NEW YORK CITY     Amazon (NASDAQ: AMZN) today announced that it has selected New York ROOM and Arlington, Virginia, as the locations for the company’s new headquarters. Amazon will invest $5 billion and create more than 50,000 jobs across the two new headquarters locations, with more than 25,000 employees each in New York ROOM and Arlington.     Pres Release

☀       NEWS: MARVEL COMIC CREATOR - STAN LEE - DEAD AT 95     Spider-Man, Hulk, Fantastic Four, Black Panther, X-Men, ...

☀       Nov 13, 2018  ...  D.D.C.:  Glasgow v. Defense  ...   Ronald Glasgow applied for a series of jobs with the Defense Intelligence Agency (“DIA”) in 2010.     When he was not hired, he filed a complaint with the DIA’s Equal Opportunity & Diversity Office.     He alleged that the DIA rejected his application due to his race (white), sex (male), age (54), and disability (a spinal injury), and retaliated against him for attempting to assert his rights, all in violation of various federal anti-discrimination statutes.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Nov 9, 2018  ...  VAOIG:  The VA OIG did not find that the Northern California Health Care System Director violated VA policy regarding the use of government vehicles. The Director was unaware employees drove these vehicles between work and home. The Director said that upon learning of this policy, he immediately rescinded it.      Summary   Report

☀       Nov 9, 2018  ...  Fed. Cir.:  Jenks v. Opm ..  THIS IS A VERY COMMON STORY FOR STYLISH WOMEN (SPENT ON HAIR, NAILS, CLOTHES). ..  Mary L. Jenks worked for the U.S. Postal Service and her service with USPS was covered by the Civil Service Retirement System.     Ms. Jenks appeals the final decision of the MSPB affirming the OPM finding that she was ineligible to receive annuity benefits because she had applied for and received a refund of her retirement contributions. ..  COURT DECISION:   (.pdf)   (.html)


☀       Nov 9, 2018  ...  D.D.C.:  Hall v. Nielsen ..  I SUED HOMELAND, NOW MY LAWYER. ..  The Department of Homeland Security terminated Plaintiff Steven Hall’s employment following a variety of misconduct allegations, prompting him to retain the legal services of Defendant Rosemary Dettling.    Unhappy with the result of the subsequent proceedings, Plaintiff has filed a barrage of suits over the last few years, mostly in a pro se capacity, against Dettling and DHS. This is one such case.  ..  COURT DECISION:  (pdf)   (html)


☀       Nov 8, 2018  ...  F.D.C.A:  Buade v. Terra Group  ...   WHEN I COMPLAINED MY SUBORDINATE WAS DISRESPTFUL & SEX HARASSING ME, THEY FIRED ME.  ...   From October 2004 to the date of her termination on December 10, 2010, Beatriz Buade was employed by Terra as a contract administrator and was promoted to customer service supervisor.     In her supervisory role, Buade alleges that, beginning on or about August 1, 2005, Terra employee, Carlos Hollender, began refusing to comply with Buade’s instructions related to his employment, and she later claimed that Hollender was sexually harassing her.     In 2010, Buade was terminated by Terra.     She alleges that her termination was a result of her complaints regarding her perceived discrimination.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Nov 7, 2018  ...  U.S. Supreme Court :  Mount Lemmon Fire Dist v. Guido  ...   Firefighters, John Guido and Dennis Rankin, filed suit, alleging that their termination violated the Age Discrimination Act (ADEA).     The Fire District responded that it was too small to qualify as an “employer” under the ADEA.     The U.S. Supreme Court ruled that, unlike private employers, government entities are covered by ADEA regardless of number of employees.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Nov 7, 2018  ...  Fed. Cir.:  U.S. Capitol Police v. Office Of Compliance  ...   These appeals involve a negotiability dispute between the U.S. Capitol Police (“Police”) and the Fraternal Order of Police, District of Columbia Lodge No. 1 (“Union”).     The dispute arose during negotiations for a collective bargaining agreement (“CBA”) to replace the parties’ current CBA.     The Police proposed draft language that changed the existing agreement by excluding employee terminations from the scope of the CBA’s grievance and arbitration procedures, and the Union proposed removing the Police’s proposed language and adding language to ensure that terminations would continue to be covered by the grievance procedures.     The Police refused to negotiate over the Union’s proposals. The Office of Compliance Board of Directors (“Compliance Board”) found the Union’s proposals negotiable and ordered the Police to bar- gain with the Union.     The Police petitions for review of the Compliance Board’s negotiability decision.   ...   COURT DECISION:   (.pdf)   (.html)

☀       HURRY !  ...  FLRA TRAINING:  Event: Basic Statutory Training   ...   Location: Washington, DC   ...    Date: December 13, 2018      flra.gov

☀       Nov 6, 2018  ...  Cal. Ct. App.:  Ramos v. Super. Ct.  ...   Constance Ramos, an experienced litigator and patent practitioner with a doctorate in biophysics, was hired as an “Income Partner” at the law firm Winston & Strawn, LLP (Winston).   ...   After allegedly being denied recognition for her work, excluded from opportunities for career advancement, evaluated based on the success of her male colleagues, and denied compensation and bonuses to which she was entitled, Ramos sued Winston, asserting various causes of action under state law for discrimination, retaliation, wrongful termination, and anti-fair-pay practices.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 6, 2018  ...  9th Cir.:  Lucchetti v. US DOI  ...   Enrico Lucchetti claims he was terminated as a maintenance worker because of his disclosures about unsafe entries into confined spaces.     Interior insists Lucchetti was terminated for unprofessional conduct and misuse of government buildings.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 6, 2018  ...  FLRA:  NTEU v. IRS  ...   Recognizing that these parties have already negotiated over how employees address individual workload concerns, we find that the Agency has no obligation to bargain over a proposal that addresses that same topic after a change in assignment procedures.  ..  FLRA DECISION:   (.pdf)   (.html)

☀       Jerry Lewis is an employee of the United States Department of Veterans Affairs (the “Agency”). Lewis worked as a cook in the Nutrition and Food Service Department from December 2008 until September 2009 and then again from December 2013 until April 2015.     The four-year gap in employment from 2009 to 2013 occurred because Lewis was terminated and then, after a successful Equal Employment .

☀       Nov 5, 2018  ...  N.M.C.C.A.:  U.S. v. Cox  ...   I'M NOT A COKE-HEAD MARINE ... I'M A FEMALE "VICTIM".  ...   A military judge sitting as a special court-martial convicted the appellant, contrary to her plea, of one specification of wrongful use of cocaine in violation of Article [...].     The military judge sentenced the appellant to sixty days’ confinement, reduction to pay grade E-1, and a bad-conduct discharge.     The convening authority approved the sentence as adjudged and, except for the bad-conduct discharge, ordered it executed.     The appellant raises three assignments of error:  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 5, 2018  ...  10th Cir.:  Bryant v. Postal  ...   WHEN A WIN IS JUST A PRELUDE TO A LOSS ..  Lakesha Bryant filed suit pro se in 2017, alleging that the Postal Service had racially discriminated against her when it terminated her employment.     Here, Ms. Bryant appeals the district court’s dismissal of her suit.  ..  COURT DECISION:   (.pdf)   (.html)

☀       Nov 2, 2018  ...  7th Cir.:  Young v. Brennan ..  SUPERVISORS BEWARE OF YOUR NO-GOOD EMPLOYEES' ATTENDANCE.  ..  Robert Young contends that the United States Postal Service discriminated against him based on his race, sex, and age by demoting him from a supervisor to a “part-time flexible” carrier.     Young, who is 53 years old and black, had worked as a supervisor for the Postal Service for about a decade until an incident arose with regard to his timekeeping of one subordinate employee. Management discovered in 2010 that, over the course of several months, Young had been improperly inputting hours on a subordinate employee’s time card while that employee was absent from work without leave.     As a supervisor, Young was responsible for maintaining accurate timekeeping records and approving them to authorize payment.  ..  DECISION:   (.pdf)   (.html)

☀       Nov 2, 2018  ...  FLRA:  Defense (DLA) v. AFGE  ...   HOW CAN THESE SHADY ARBITRATORS KEEP PRACTICING ?  ...   Arbitrator Marshall A. Snider found that the Agency violated the parties’ agreement by providing an insufficiently specific justification for its denial of the grievant’s request to telework full time from Las Vegas, Nevada, notwithstanding that the Agency is located in Ogden, Utah.     Applying the framework articulated in U.S. DOJ, Federal BOP (DOJ),[1] we find that the Arbitrator’s awarded remedies do not reasonably and proportionally relate to the Agency’s contractual violation,     and we vacate the award as contrary to management’s right to determine its organization under § 7106(a)(1) of the Federal Service Labor-Management Relations Statute (Statute).   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Nov 1, 2018  ...  FLRA:  IRS v. NTEU  ...   As relevant here, the Union filed two grievances on behalf of an individual taxpayer advisory specialist (the grievant) against her supervisor (the supervisor). This case concerns Arbitrator I. B. Helburn’s resolution of those two grievances in a single award issued on August 17, 2017.     The Arbitrator found that, in various ways, the Agency violated the parties’ collective‑bargaining agreement, Agency regulations, the FLSA, the Rehab Act, and the Civil Rights Act.     The Agency argues that the Arbitrator exceeded his authority and was biased, and that the award is contrary to law and based on a nonfact.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Oct 31, 2018  ...  DOI OIG:  Porn-Site-Lovin Interior Employee Creates Openings To Russian Data Thieves.       A common goal of malware is to steal confidential information while spreading to other systems.     The DOI Office of lnspector General (OIG) initiated an investigation into suspicious internet traffic discovered during an IT security audit of the computer network at the U.S. Geological Survey (USGS), Sioux Falls, SD.     The audit found indications that USGS employee computer was compromised and infected with malware.     We found that _____ knowingly used U.S. Government laptop to visit adult pornography websites. Many of the 9,000 web pages _____ visited routed through websites that originated in Russia and contained malware. ... many of the pornographic images were subsequently saved to an unauthorized USB device and personal Android cell phone connected to _____ Government-issued computer. We found that- personal cell phone was also infected with malware.     DOI OIG MANAGEMENT ADVISORY:   PDF

☀       Oct 30, 2018  ...  DOI OIG:  BLM Manager Engaged in Sexual Misconduct.       The OIG investigated allegations that a Bureau of Land Management (BLM) manager sent pornographic images and sexually suggestive instant messages from his Government computer and personal cellphone to a subordinate employee. The complainant further alleged that the BLM manager installed cameras in the district office to monitor employees and had misused Federal money to buy a 72-inch TV and office furniture.      Summary   PDF

☀       Oct 30, 2018  ...  11th Cir.:  Payne v. VA  ...   Payne’s claims arise out of his attempt to get administrative relief from the EEOC for his termination from the IRS, where he was working through an unpaid VA vocational training program. During the EEOC proceedings, the IRS submitted two declarations from a VA employee, Jennifer Kler. An Administrative Judge relied on Kler’s declarations in granting partial summary judgment to Payne and partial summary judgment to the IRS.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 29, 2018  ...  Fed. Cl.:  Broughton v. U.S.  ...   Plaintiff Darlene M. Broughton, a veteran, generally alleges that from 2005 to 2009,while she was emploved bv the VA in Denver, Colorado, and Seattle, Washington, she was repeatedly exposed to trur*aou. waste odors at her workspace, causing her to suffer hypoxia that required medical treatment.     Plaintiff filed suit seeking monetary damages for injuries she sustained.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 29, 2018  ...  11th Cir.:  Bartell v. Fulton  ...   Plaintiff, a black female, began working for Fulton County, Georgia as a Nutritionist in the Women, Infants, and Children (“WIC”) Program in 1994.     Plaintiff Lisa Bartell appeals the district court’s grant of summary judgment in favor of her former employer Fulton County, Georgia (“Defendant”) on her claims of race discrimination and retaliation under Title VII of the Civil Rights Act.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 29, 2018  ...  11th Cir.:  Howard v. Hyundai  ...   At all times relevant to this appeal, Hyundai operated an automobile manufacturing facility in Montgomery, Alabama. In June 2012, Hyundai hired Howard to work as a paint inspector. In February 2015, Hyundai terminated Howard’s employment following an investigation stemming from a workplace confrontation involving Howard and one or more of his coworkers.     Howard, who is black, alleged in his complaint that Hyundai discriminated against him on account of his race when it terminated his employment. In his complaint, Howard alleged the following facts surrounding a February 2015 incident between himself and a white coworker, Josh Denham.     Denham began verbally attacking him for taking sick leave due to an illness and then gave Chris Arnold, a white supervisor, a broken tool to give to Howard as a part of the harassment. Denham continued the harassment, telling Howard that he would have him fired and that Arnold and another white supervisor, Jeff Todd, would serve as his witnesses to the argument.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 26, 2018  ...  6th Cir.:  DePalma v. Air Force ..  Dr. Margaret DePalma (“Dr. DePalma”), a former United States Air Force employee at the Wright-Patterson Air Force Base (“WPAFB”) in Ohio, brought claims for sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. She brought these claims against her employer, Deborah Lee James, Secretary of the Air Force, after she was terminated from her position as a historian. Dr. DePalma alleged that her male supervisor at the Air Force base discriminated and retaliated against her after she filed an internal grievance, and later informal and formal EEOC complaints, against him. ..  COURT DECISION:  (.pdf)   (.html)

☀       Oct 26, 2018  ...  D.D.C.:  Routier v. Ross (Commerce)  ...   Plaintiff Ramses Routier worked as a GS-13 Electronics Engineer in the National Telecommunications and Information Administration (NTIA) within the Department of Commerce. A 62-year-old man of Haitian descent with 27 years of federal-service experience, Routier’s government career ended when he was removed from his position in fall 2016 by his supervisors, Binyam Tadesse and Dr. Darlene Drazenovich, for poor workplace performance. Believing his supervisors had discriminated and retaliated against him — and had subjected him to a hostile work environment — Plaintiff brought suit here.   ...   COURT DECISION:   (.pdf)   (.html)

☀       THE QUESTION:  1) You Are Getting Married Next Week ... 2) You Win Billion $ Lottery Today ... 3) Would You Cancel The Wedding?

☀       Oct 25, 2018  ...  FLRA:  Homeland v. AFGE  ...   Arbitrator Michael Anthony Marr found that the Agency violated the compassionate transfer policy when it denied the grievant’s transfer request, and ordered the Agency to place him on the transfer list. However, one month before the award issued, the grievant was offered, and accepted, a transfer to the requested duty station, but neither party notified the Arbitrator.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Oct 25, 2018  ...  Fed. Cir.:  MacLean v. Homeland  ...   This case has a long history. Although we provide a brief summary of the relevant facts below, the circumstances of Mr. MacLean’s removal and subsequent reinstatement as a federal air marshal (“FAM”) are set forth more fully in previous opinions.     This appeal concerns the MSPB’s denial of Mr. MacLean’s post-reinstatement requests for certain consequential damages, retroactive promotion, and an evidentiary hearing.  ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 24, 2018  ...  TECH:  IPHONE XS MAX CRUSHES THE GOOGLE PIXEL 3 XL IN A SPEED TEST      GsmArena

☀       Oct 24, 2018  ...  FLRA:  State v. NFFE  ...   The Agency announced vacancy announcements for two Pathways Internship Program (Program) positions, but posted the announcements for less than three weeks.     Article 15, Section 3(d) of the parties’ agreement requires that vacancy announcements be posted for three weeks. The Union filed a grievance alleging that the Agency violated the agreement.     The Agency denied the grievance. The Agency asserted, as relevant here, that the Union could not challenge the vacancy announcements because they were posted by Shared Services, a separate Agency component with which the Union has no representational recognition. The Agency also asserted that there is a past practice under which vacancy announcements are posted for less than three weeks.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Oct 24, 2018  ...  10th Cir.:  Herrera v. United Airlines  ...   In this employment discrimination case, Plaintiff-Appellant Joel Herrera argues his former employer, Defendant-Appellee United Airlines, Inc. (United), unlawfully terminated his employment because of his Hispanic national origin.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 23, 2018  ...  7th Cir.:  Tarpley v.  ROOM Colleges of Chicago  ...   Elizabeth Tarpley was the IT Director at ROOM Colleges of Chicago’s Kennedy King College (KKC). Tarpley asserts that ROOM Colleges of Chicago (ROOM Colleges) failed to provide her a reasonable accommodation under the Americans with Disabilities Act (ADA) and subjected her to a hostile work environment and constructively discharged her in violation of Title VII and the Family Medical Leave Act (FMLA).   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 23, 2018  ...  D.D.C.R:  Norris  v. WAMTA  ...   Terri Norris, an employee of Defendant Washington Metropolitan Area Transit Authority (“WMATA”), brought this action alleging quid pro quo sexual harassment, hostile work environment, gender discrimination, age discrimination, and retaliation.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 22, 2018  ..  JUSTICE OIG INVESTIGATION:  / U.S. Marshals Service ... Gross Mismanagement     / FBI ... Accepting Gifts and Lack of Candor

☀       Oct 22, 2018  ...  3rd Cir.:  Kilpatrick v. VA Secretary ...  In 2003, Kilpatrick began working at the VA Philadelphia Regional Office as an information technology specialist. In January 2009, Kilpatrick received a new work computer. He was instructed to transfer his data and programs to his new computer. A VA system administrator discovered that Kilpatrick had, without permission, used a password reset program to create a new administrator password and installed a memory chip that he removed from an unused computer.     After an investigation, [the VA] decided to terminate Kilpatrick’s employment effective June 5, 2009.  ..  DECISION:   (.pdf)   (.html)

☀       Oct 22, 2018  ...  FLRA:  Export-Import Bank v. AFGE  ...    In this case, the Authority must address an issue that has not recently come before it. The Agency filed a petition under § 2422.1(b)(2) of the Authority’s Regulations[1] alleging that it has a good faith doubt, based on objective considerations, that the currently recognized labor organization represents a majority of the employees in the existing unit (good faith doubt).[2]     The Regional Director (RD) found that the Agency failed to demonstrate a good faith doubt and dismissed the Agency’s petition. The Agency now files an application for review of that decision.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Oct 19, 2018  ...  FLRA:  Labor  v. AFGE  ...   PROBATIONARY EMPLOYEES, TERM APPOINTEES AND SIMILAR TIME-LIMITED APPOINTEES MAY NOT FILE GRIEVANCES CHALLENGING AN AGENCY’S DECISION CONCERNING EXTENDING, CONVERTING, OR ENDING THEIR EMPLOYMENT.  ...   The issue in this case is whether a student intern (the grievant) serving under a term appointment may grieve the Agency’s decision not to convert her to a permanent position at the end of her appointment.     Although Arbitrator Salvatore J. Arrigo found that the Agency had violated the grievant’s contractual and statutory due-process rights in processing her “termination,”[1] we find that the Arbitrator lacked jurisdiction to resolve the grievance in the first place.     And we take this opportunity to clarify that, like probationary employees, term appointees and similar time-limited appointees may not file grievances challenging an agency’s decision concerning extending, converting, or ending their employment.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Oct 15, 2018  ...  FLRA:  VA v. AFGE ..  The Union grieved the Agency’s failure to process union dues-deduction forms for its bargaining‑unit employees.     Arbitrator Garvin Lee Oliver found that the Agency violated the parties’ agreement and 5 U.S.C. §§ 7115(a), and 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (Statute)[1] when it did not process the forms in a timely manner.     The Arbitrator awarded several remedies, but the Agency challenges only the remedial posting ordered by the Arbitrator. On this point, the Agency argues that the Arbitrator exceeded his authority by addressing a statutory violation that the Union did not present at arbitration.  ..  DECISION:  (pdf)   (html)

☀       Oct 15, 2018  ...  D.D.C.:  Iglesias v. USAID  ...   The United States Agency for International Development, Office of Inspector General (“USAID-OIG”), recommended firing one of its auditors, Likza Iglesias, after an investigation prompted by an anonymous complaint determined she intentionally had submitted false claims for reimbursement.     Iglesias contested USAID-OIG’s decision, claiming that any inaccuracies in her submissions were unintentional and that the anonymous complaint, the investigation, and her proposed removal from the Foreign Service were retaliation for two audit findings she had made, both of which she claimed were protected disclosures under the Whistleblower Protection Act.     The Foreign Service Grievance Board (“FSGB” or “Board”) upheld USAID-OIG’s recommendation, concluding that Iglesias intentionally had submitted false claims and that there was no evidence of any connection between the audit disclosures and the subsequent investigation or her proposed removal.   ...   COURT DECISION:   (.pdf)   (.html)


☀       Oct 12, 2018  ...  D.D.C.:  Pendergrass v. WMATA  ...   Mr. Pendergrass is an African-American male. He applied for a position as a Bus Operator with WMATA in the fall of 2017 and received a contingent offer of employment from WMATA on October 6, 2017.      First Choice Background Company performed his background check. On November 17, 2017, WMATA notified Mr. Pendergrass that he was ineligible for employment due to his prior conviction for a non-violent offense.   ...   COURT DECISION:   (.pdf)   (.html)


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☀        TWO NEW DIRT-CHEAP BLU PHONES COMING SOON ...   $99 BLU STUDIO MEGA (2018) has a 6 inch display.   $50 BLU ADVANCE L4 has a 4 inch display.    These newly announced BLU unlocked phones are not available yet, but soon from Amazon, MicroCenter, Frys, Etc.    Phones run Android Oreo 8.    Low-specked and low-priced.

☀       Oct 9, 2018  ...  N.M.C.C.A.:  US (Navy) v. Bess  ...   X-RAY TECH THOUGHT HE WAS BARRY WHITE:   "TAKE IT OFF"  ...   The appellant is an x-ray technician who was assigned to the Naval Air Station Oceana Branch Health Clinic (Oceana Clinic), Virginia Beach, Virginia.     While in the performance of his duties at the clinic in February 2011, the appellant told female patient, PG, that she had to be naked while he took her x-rays. PG complied by removing her clothing, and the appellant purportedly took x-rays of her.     The appellant appeared to take x-rays of the woman in several positions while she was completely naked.     These positions included having PG lay on her stomach and stick her buttocks in the air and get into a “frog-like position.”   The positions completely exposed PG’s naked vaginal area to the appellant.  ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 9, 2018  ...  FLRA:  SBA v. AFGE  ...   LABOR RELATIONS SPECIALISTS ... TAKE HEED:      TELL AFGE      "NO MO TEMP PROMO"  ...   The Union filed a grievance on behalf of thirty‑one employees (the grievants) alleging that, on an “ongoing” basis, the Agency violated Article 27, Section 1 (Article 27-1) and Article 31, Section 4 (Article 31-4) of the parties’ collective‑bargaining agreement.[3] Article 27-1 allows employees to file a grievance if they believe that their position descriptions are not accurate.      Article 31-4 states that if the Agency details an employee to a higher-graded position for more than thirty days, it will temporarily promote the employee to that position on the thirty-first day.      In this case, we apply the recently announced rule for whether a grievance impermissibly involves classification under § 7121(c)(5) of the Federal Service Labor-Management Relations Statute (the Statute),[1] and we determine that the dispute at issue, for thirty-one grievants, is barred.      Therefore, we find that the Union’s claim fails to allege that the Agency expressly assigned the grievants the duties of any specific higher-graded positions, and we find that the grievance involved classification.[25] Accordingly, we conclude that § 7121(c)(5) bars the grievance, and we set aside the interim award as contrary to law.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Oct 5, 2018  ...  10th Cir.:  Payan v. UPS  ...   Mr. Payan, who is Hispanic, has worked for United Parcel Service (“UPS”) since 1991. He worked his way through the ranks and in 2006 was promoted to Security Manager of the Desert Mountain Salt Lake ROOM Division.     Around 2009, Charles Martinez, also Hispanic, became the supervisor of UPS’s Great Basin District, which encompassed the Salt Lake ROOM security division. This made Mr. Martinez Mr. Payan’s direct supervisor.     Mr. Payan was considered a “Ready Now” candidate until Mr. Martinez informed him in early 2010 that he no longer considered him to be “ready now.” UPS uses the “Ready Now” list to determine candidates for promotions, so Mr. Payan’s removal from the list meant that he could no longer be considered for promotions.     Charles Payan appeals the district court’s grant of summary judgment in favor of UPS in relation to his claims for racial discrimination and retaliation. .  ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 4, 2018  ...  Fed. Cir.:  Jolley v. MSPB  ...   Mr. Jolley is a preference-eligible veteran who served with the U.S. Air Force for nine years before being honor- ably discharged in 1959. Mr. Jolley is also a former employee of the U.S. Department of Housing and Urban Development (HUD). In 2008, HUD transferred Mr. Jolley from his GS-15 Operations Specialist position in Jacksonville, Florida, to a GS-15 Field Office Director position in Boise, Idaho. He retired on March 31, 2010.     In 2017, Mr. Jolley applied for two HUD vacancies and was not selected to fill either vacancy. On September 27, 2017, Mr. Jolley filed an appeal with the Board alleg- ing that: (1) HUD, as reprisal for Mr. Jolley’s pre-2008 allegations that HUD had violated USERRA when it in 2008 reassigned him from Jacksonville, Florida, to Boise, Idaho; and (2) HUD’s use of “dual announcements” in the two vacancies Mr. Jolley applied for in 2017 violated USERRA and VEOA by failing to fairly evaluate his applications for those vacancies.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 4, 2018  ...  Fed. Cir.:  Ogburn v. MSPB  ...   Launa Golddeen Ogburn (“Ogburn”) appeals from the decision of the U.S. Merit Systems Protection Board (the “Board”), dismissing her appeal for lack of jurisdiction.     BACKGROUND    Ogburn was employed with the Office of the Director of National Intelligence (“ODNI”) as the Executive Sup- port Assistant until her retirement on or around October 7, 2012. In May 2012, the Office of Personnel Manage- ment (“OPM”) issued a letter informing Ogburn of its approval of her disability retirement application under the Federal Employees Retirement System (“FERS”).     In August 2016, after Ogburn’s request for an explanation of her benefits, OPM issued a letter explaining the computa- tion of her FERS annuity and a breakdown of her retire- ment benefit calculations. On June 20, 2017, OPM issued an initial decision concerning, inter alia, her FERS disa- bility retirement formula and computation, cost of living allowance adjustments, and “profile” and case status. R.A. 28–32.     Upon Ogburn’s request for reconsideration, OPM issued its final decision on October 31, 2017, affirm- ing its June 20, 2017 initial decision. On November 21, 2017, Ogburn appealed OPM’s final decision to the Board.  ...   COURT DECISION:   (.pdf)   (.html)

MICROSOFT SURFACE REFRESH :    Microsoft unveiled refreshes to some Surface computers. The Surface Pro, Surface Laptop and Surface Studio computers received upgraded CPUs, GPUs, storage and memory. The outsides were largely unchanged.   All three computers also received a new all black finish option.   The all black Surface Pro is stunning especially when paired with the black keyboard. The LTE version of the recently announced Surface Go was not announced at the event.   A new lower priced black Surface Pro6 base model with 8GB Ram memory, Intel Core i5 CPU, 128GB SSD storage and Windows 10 Home OS costs $899. ($999 with black keyboard)   Sweet !!!     PCMAG

MEN ARE PRESUMED GUILTY ?    Experienced Prosecutors Find The Case To Be Flimsy And Ultimately Too Weak To Prosecute. ... Other Prosecutors Disagree.

☀       Oct 2, 2018  ...  AFCCA:  U.S. v. Harrington  ...   HOT MILITARY SEX GAMES: WHAT SHE DID SOBER ... BEFORE HER DRUNKEN SEX VICTIM CLAIM.  ...   In January 2016, Appellant and Senior Airman (SrA) FC were co-workers stationed at Creech Air Force Base (AFB), Nevada. On 30 January 2016, SrA FC and her then-boyfriend agreed to end their relationship. Later that day, SrA FC attended a party at the off-base residence of another co-worker, Staff Sergeant (SSgt) KW.     Appellant and several other individuals, mostly Airmen, also attended the party. SrA FC’s recently-estranged boyfriend and Appellant’s wife did not attend. SrA FC and Appellant had no prior sexual relationship.      Appellant, SrA FC, and several others played adult party games.      Of note, one game was an “adult” or “drinking” version of Jenga that involved removing individual blocks from a tower of blocks. In the version of the game they played, each block had an instruction printed on it for the participant to perform, often of a titillating nature—for example, removing an article of clothing or electing to take a “body shot” of alcohol from a location on another player’s body. In the course of the game, SrA FC removed her pants, and Appellant elected to take “body shots” from SrA FC’s mouth, from her cleavage, and from between her buttocks. SrA FC permitted Appellant to do so.   ...   COURT DECISION:   (.pdf)   (.html)

☀       Oct 2, 2018  ...  FLRA:  Justice (Prisons) v. AFGE  ...   In this case, we are once again called upon to examine the reach and outer limits of a negotiated grievance procedure. Specifically, we must decide whether those procedures can reach into decisions concerning the medical competency of an intern training to become a clinical psychologist.     Arbitrator Stephen Fischer found that the Agency violated the parties’ collective-bargaining agreement, American Psychology Association (APA) regulations, Association of Psychology Postdoctoral and Internship Center regulations, and Agency rules and program statements when it refused to issue the intern a certificate of completion at the end of a doctoral internship. As a remedy, the Arbitrator ordered the Agency to pay the intern $1,288,500 in front pay—the twenty‑five year difference in median wages between a psychologist and a mental health counselor.     The main question before us is whether the complaint[2] filed by the Union constitutes a “grievance” as that term is defined by the Federal Service Labor-Management Relations Statute (Statute).   ...   FLRA DECISION:   (.pdf)   (.html)

☀       Oct 2, 2018  ...  FLRA:  SBA v. AFGE  ...   Over the span of only a few months, the Union filed two grievances. The first grievance alleged that the Agency violated the Fair Labor Standards Act (FLSA) and the parties’ agreement when it designated bargaining-unit employees as FLSA‑exempt, and so failed to properly pay overtime to the grievants. The second grievance alleged that the Agency failed to fully participate in the first grievance. The parties hired Arbitrator Andrée Y. McKissick to resolve the second grievance. On May 14, 2016, Arbitrator McKissick found that the second grievance was arbitrable and she unilaterally assumed jurisdiction over the first grievance. She then issued a number of subsequent orders and awards.     The Agency has filed two sets of exceptions:   ...   FLRA DECISION:   (.pdf)   (.html)

☀        Oct 01, 2018  ...  FLRA:  AFGE  v. VA   (pdf)   (html)        Air Force  v. AFGE   (pdf)   (html)        Justice  v. AFGE   (pdf)   (html)

☀       Sep 28, 2018  ...  FLRA:  Defense  v. FEA   (pdf)   (html)        Air Force  v. AFGE   (pdf)   (html)        VA  v. AFGE   (pdf)   (html)

☀       Sep 27, 2018  ...  FLRA:  NAVY (Norfolf) v. IBPO  ...   Earlier this year the Authority set aside the award in U.S. Department of the Navy, Navy Region Mid‑Atlantic, Norfolk, Virginia (Navy).[1] In that decision, the Authority reviewed and corrected its interpretation of § 7116(d)[2] to hue closer to the plain terms of the Statute so that parties could no longer avoid the Statute’s choice-of-forum provision through artful pleadings.     The Union now files a motion for reconsideration of Navy under § 2429.17 of the Authority’s Regulations.[3]     The question before us is whether the Union has established extraordinary circumstances that warrant reconsideration of Navy.    DECISION:  (.pdf)   (.html)

☀       Sep 27, 2018  ...  6th Cir.:  Bullington v.  Bedford Cty  ...   FOR THE FOLLOWING REASONS, WE VACATE THE DISTRICT COURT’S JUDGMENT.  ...   Plaintiff Kaleena Bullington (“Bullington”) worked as a dispatcher at the Bedford County Sherriff’s Department (“Department”) for over eight years.     Sometime during this period, Bullington had Hodgkin’s Lymphoma, a form of cancer, which she treated with chemotherapy. The chemotherapy, however, caused neuropathy and scar tissue in Bullington’s lungs, so Bullington needed additional treatment.     Because of her diagnosis and treatment, Bullington asserts that the Department treated her differently than the other employees.     Bullington brought this suit in the district court and alleged four causes of action in her second amended complaint:     The district court granted judgment on the pleadings to Defendants Bedford County, Tennessee (“Defendants”).  ...   COURT DECISION:   (.pdf)   (.html)

☀       Sep 27, 2018  ...  Cal. Ct. App.:  Sumner v. Simpson University  ...   ARE CHURCHES FREE TO DISCRIMINATE AT WILL ?  ...   “The First Amendment guarantees to a religious institution the right to decide matters affecting its ministers’ employment, free from the scrutiny and second-guessing of the civil courts.”     The so-called ministerial exception is “a ‘nonstatutory, constitutionally compelled’ exception to federal civil rights legislation. [Citation.] The idea is that the law should not be construed to govern the relationship of a church and its ministers.”     The Supreme Court has concluded that the ministerial exception bars a minister’s employment discrimination suit based on the church’s decision to fire her.     The Supreme Court has not decided whether the exception bars a breach of contract or tort action.     That is the issue we decide in this case. COURT DECISION:   (.pdf)   (.html)

☀       Sep 26, 2018  ...  FLRA:  VA (Denver) v. AFGE  ...   LIKE THE 5 STAIRSTEPS SAID ... "You Waited Too Long"  ...   The Regional Director of the Denver Region of the Federal Labor Relations Authority issued three unfair‑labor‑practice (ULP) complaints alleging that the Respondent violated §§ 7102 and 7116(a)(1) and (2) of the Federal Service Labor‑Management Relations Statute (Statute)[1] by investigating a Union steward’s use of official time, conducting an investigation into the steward’s meeting with an employee, and suspending the steward for two days.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       September 26, 2018  ...  FLRA:  IUPEDJ v. PBGC  ...   In this case we must address, yet once again, the Respondent Union’s (the Union’s) long-standing attempts to evade certain provisions in a binding collective‑bargaining agreement (CBA) and a binding memorandum of agreement (MOA) concerning the selection of arbitrators.[1] We adopt, with only slight modification, the recommend decision and order of Chief Administrative Law Judge Charles R. Center (Judge)[2] that found the Union had engaged in such “reprehensible behavior” before various arbitrators, who had comprised the pool for the negotiated grievance procedure for their agreement, that the Union committed more than one unfair labor practice (ULP).  ...   FLRA DECISION:   (.pdf)   (.html)


☀       September 25, 2018  ...  DcDc:  Furey v. Mnuchin (Treasury)  ...   Plaintiff, Helen Furey, identifies herself as a fifty-year old Asian woman of Chinese national origin.     She began working for the Department of Treasury on January 31, 2010 as an IT Specialist in the Department Offices Operations division of the Office of the Chief Information Officer.     This case arises out of plaintiff Helen Furey’s termination from her employment as an Information Technology (“IT”) Specialist at the United States Department of Treasury.     Plaintiff claims that the agency violated Title VII of the Civil Rights Act, and the Age Discrimination in Employment Act when it subjected her to a hostile work environment; discriminated against her based on her race, national origin, and age; and retaliated against her for engaging in protected activity under both statutes.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 24, 2018  ...  3rd Cir.:  Marley v. Postal  ...   Mary-Ellen Marley, who was a long-time employee of the United States Postal Service, initially filed a ten-count complaint against the Postal Service and the Postmaster General.     The District Court granted the Postmaster’s motion, concluding that Marley had not established a prima facie case of retaliation, as she had not proffered evidence that showed that adverse employment actions taken against her were caused by any of her protected activity.     Mary-Ellen Marley appeals the order of the United States District Court.  ...   COURT DECISION:   (.pdf)   (.html)

☀       September 21, 2018  ...  DcDc:  Raven v. U.S. (Smithsonian)  ...   “TOO ‘PRO-TRUMP,’” “TOO POLITICAL” “NOT NEUTRAL ENOUGH,”  ...   Artist Julian Raven brought this action against the United States and senior leaders of the National Portrait Gallery over the Gallery’s refusal to exhibit his portrait of then-President-elect Donald Trump.     Mr. Raven claims that the decision was motivated by political bias, violating his rights under the First and Fifth Amendments.     He may be right about the motivation, but he is wrong about the law.  ...   COURT DECISION:   (.pdf)   (.html)

☀       September 20, 2018  ...  FLRA:  Navy v. NAIL  ...   Arbitrator Edward B. Valverde issued an award finding that the Agency was required to pay an employee (the grievant) certain overtime.     The Arbitrator interpreted Article 30, Section 5 of the parties’ agreement (Article 30) as mandating the overtime, despite the fact that U.S. Department of Defense Instruction 1400.25‑V810 (the Instruction) prohibits it.     Because the Arbitrator’s interpretation of Article 30 is irrational and implausible, we find that the award fails to draw its essence from the parties’ agreement.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       September 18, 2018  ...  9th Cir.:  Taylor v. BNSF  ...   Casey Taylor alleges in part that his prospective employer, BNSF Railway Company (BNSF), discriminated against him in violation of the Washington Law Against Discrimination (WLAD) when it perceived him to be physically impaired and, as a result, withdrew his employment offer. This appeal raises an important question of Washington law: whether and when obesity qualifies as an “impairment”.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 18, 2018  ...  5th Cir.:  King v. State of LA   ...   AFRICAN-AMERICAN ... QUALIFIED FOR THE POSITION ... NOT SELECTED.  ...   Angela Roberson-King worked as a rehabilitation counselor at Louisiana Rehabilitation Services (LRS), a division of Louisiana’s Office of Workforce Development. In 2014, she applied to become a district supervisor at LRS. She interviewed for the position but did not receive it.     Roberson-King then sued LRS in federal district court, alleging that she was denied a promotion because of her race in violation of Title VII of the Civil Rights Act and Louisiana tort law.     It is undisputed that Roberson-King has established a prima facie case of employment discrimination. She is African-American and was qualified for the district supervisor position.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 14, 2018  ...  FLRA:  AFGE v. Homeland (Glynco)  ...   Arbitrator James M. Klein awarded the Union attorney fees but reduced the requested amount. The main question before us is whether that award is contrary to law because, according to the Union, the Arbitrator failed to make specific findings to support the reduction.       BACKGROUND:   The Agency removed an employee (the grievant) from employment for misconduct, and the grievant appealed the action to the MSPB. Months later, the Agency notified the MSPB that it intended to rescind the grievant’s removal and return him to work. As a result, the MSPB dismissed the grievant’s appeal without prejudice to his right to refile it if the Agency failed to return him to his previous position.     On March 25, 2015 – shortly after the Agency rescinded the grievant’s removal – the Agency proposed to suspend the grievant for fourteen days for the same alleged misconduct that gave rise to the rescinded removal. Thereafter, the grievant refiled his MSPB appeal concerning the removal, and the MSPB ordered the grievant to show cause why the appeal should not be dismissed as moot.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       September 14, 2018  ...  11th Cir.:  Koeppel v. Valencia College  ...   WHAT HIS HEARTS WANTS    &    WHAT HER BOYFRIEND DON'T.  ...   Jeffrey Koeppel met Jane Roe (pseudonym) during the summer of 2014 when they were assigned to the same biology lab group at Valencia College, a public college in Florida. Because they were assigned to work together, they exchanged phone numbers and would occasionally talk outside of class. As the semester went on, the 42-year-old Koeppel began to develop feelings for the 24- year-old Jane that were not purely academic.     A few days before the fall semester began, Koeppel saw something online that made him think that Jane was single. Ever hopeful, on August 3 he sent her a text message telling her once again that he had feelings for her: “So im saying I am interest[ed] in you . . .     Jane Roe sent the following reply text: I have told you that I just want this to be class related [because] I am with someone who I’ve been seeing for 3 years now . . And we live together . . So I don’t know if i gave you the wrong impression or whatever the case may be . . But I do have a serious [boyfriend] and really just thought we were studying and getting through the class.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 13, 2018  ...  DcDc:  Hillier v. CIA  ...    For the past six years, Mr. Hillier has sought records that he believes DHS, Department of State, and CIA possess. His quest began in early 2012 when he sent letters to these agencies asking whether certain record systems contained records about him.     Each agency processed Hillier’s requests under both the Privacy Act, 5 U.S.C. § 552a, and the Freedom of Information Act (FOIA), 5 U.S.C. §552.     But none of the agencies provided records to Hillier because (1) none were found, (2) the relevant record systems were statutorily exempt from the Privacy Act and FOIA, or (3) the CIA could neither confirm nor deny the existence of records that might reveal a classified relationship with the agency.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 12, 2018  ...  DcDc:  Deppner v. Spectrum  ...   UNCROSS YOUR LEGS "HONEY BUNNY" SO I CAN CHECK FOR BED BUGS.  ...   Ms. Deppner brings these Title VII and District of Columbia Human Rights Act (DCHRA) actions against her former employer, Spectrum Healthcare Resources, asserting that it discriminated against her based on national origin, subjected her to a hostile work environment, and retaliated against her for engaging in protected activity.     Ms. Deppner also brings a DCHRA action against her former supervisor, Jerl Huling, in his individual capacity, asserting that he did the same.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 12, 2018  ...  7th Cir.:  Frey v. Hotel Coleman  ...   Vaughn hired the plaintiff, Bogustawa Frey, in August 2008, to work in the Hotel’s guest services department. Frey alleged that, shortly after Vaughn hired her, he began to sub‐ ject her to unwelcome and inappropriate sexual comments and advances.     According to Frey, Vaughn subjected her to comments such as the following: he could have any woman he wanted; she should put a penny in a jar every time she had sex with her husband; she had a sexy body. He also asked her if he could touch her stomach, invited her to join him in a hotel room, and told her he wanted to have phone sex with her. Frey objected to the comments and complained to the housekeeping manager, but when that manager informed Vaughn, he laughed off the complaints and the behavior went unchecked.     After Frey informed Vaughn that she was pregnant (in June 2009), Vaughn reduced her hours on the schedule, rescinded a promise he had made to promote her to a sales manager position with a much higher salary, assigned her to work the night shift without paying her the extra amount normally associated with that position, failed to consider her for a front desk position which would have paid an additional $3 per hour, and asked her to perform duties that she complained were difficult for her due to her pregnancy.     He also told her that her pregnancy would ruin her sexy body and that her sex life with her husband was over.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 11, 2018  ...  3rd Cir.:  Long v. SEPTA  ...   This case raises again the frequently-litigated question of whether violation of a statute—here, the Fair Credit Reporting Act—is an injury in fact that satisfies the Constitution’s “case or controversy” requirement.     BACKGROUND:  The complaint alleges the following facts. The three named plaintiffs were convicted of drug offenses in the relatively distant past: Michael White in 2006 and 2007, Joseph Shipley in 2001, and Frank Long in 1997. More recently, Plaintiffs applied to Southeastern Pennsylvania Transportation Authority (SEPTA) for jobs that involved operating vehicles. Each Plaintiff filled out a form disclosing his criminal history and authorizing SEPTA to obtain a background check. Initially, Plaintiffs’ job applications seemed to meet with success: each received an offer or was given information about when to start training.     Ultimately, though, SEPTA denied employment to Plaintiffs.  ...   COURT DECISION:   (.pdf)   (.html)

☀       September 11, 2018  ...  7th Cir.:  EEOC v. COSTCO  ...   Dawn Suppo, an employee of Costco Wholesale Corporation, was stalked by Thad Thompson, a customer of Costco, for over a year.     Things got so bad at the end that Suppo secured a plenary no-contact order from an Illinois state court.     Traumatized by the experience, she also took an unpaid medical leave, and when she didn’t come back, Costco terminated her employment.     The Equal Employment Opportunity Commission (EEOC) sued Costco on Suppo’s behalf, alleging that Costco had subjected her to a hostile work environment by tolerating Thompson’s harassment. After the jury rendered a verdict in the EEOC’s favor, Costco moved for judgment as a matter of law and the EEOC moved for backpay. The district court denied both motions, and both parties appeal.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 10, 2018  ...  2d Cir.:  Osby v. New York ...  Appellant Tammy S. Osby, proceeding pro se, appeals the District Court’s judgment dismissing her claims against her employer, the New York ROOM Department of Probation (“DOP”), for disability discrimination and retaliation. She alleged that after she underwent knee surgery in 2012, the DOP discriminated against her in violation of the Americans with Disabilities Act (“ADA”),{}... and that it then unlawfully retaliated against her for filing complaints with the Equal Employment Opportunity Commission (“EEOC”). .  ...   COURT DECISION:   (.pdf)   (.html)

☀       September 7, 2018  ...  DcDc:  Franklin v. Capitol Hilton Hotel ...  Plaintiff puts forth allegations that he was improperly terminated from employment based on his disability. He alleges that suffers from diabetes ketoacidosis.     He claims that he was fired for “job abandonment;” however, he further alleges that he was in the hospital, and that Defendant was aware of his circumstances and condition.     He posits that he was informed that he could return to work, though he was still experiencing some health complications. Plaintiff alleges that he was unfairly removed from his position under the guise of lack of attendance when it was, in fact, solely related to his disability.  ...  COURT DECISION:   (.pdf)   (.html)

☀       September 6, 2018  ...  11th Cir.:  Jones v. Aaron's Inc.  ...   Plaintiff Rosana Jones alleged that her former employer, Aaron’s Inc, terminated her because of her disability and in retaliation for exercising her rights under the Americans with Disabilities Act (“ADA”) and (2) interfered with her rights under the Family Medical Leave Act (“FMLA”) and retaliated against her for exercising those rights.   ...   COURT DECISION:   (.pdf)   (.html)

☀       September 5, 2018  ...  FLRA:  VA (Dayton) v. NNU ...  The grievant is a registered nurse. A patient’s wife reported that the grievant verbally abused the patient (the allegation). An Agency Administrative Investigation Board (Investigation Board) investigated the allegation and recommended that the Agency terminate the grievant. The Agency did so. The Union filed a grievance alleging that the termination violated the parties’ collective-bargaining agreement because the Agency lacked just cause.    ...    In this case, we find that we do not have jurisdiction over exceptions to an arbitration award concerning the termination of an employee appointed to the Agency under 38 U.S.C. § 7401(1).  ..  DECISION:  (.pdf)   (.html)

☀       September 5, 2018  ...  FLRA:  IRS v. NTEU  ...   In this case, we revisit those circumstances which will be considered “extraordinary” under which the Authority will address interlocutory appeals. We determine that we will consider an interlocutory exception that raises a defect which, if resolved, will advance the ultimate disposition of the case.     Arbitrator M. David Vaughn issued an award finding the Union’s grievance arbitrable and finding that the Agency violated the parties’ agreement when it delayed approving quality step increases (QSIs). As a remedy, the Arbitrator ordered the parties to negotiate a settlement reconsidering the policy of delaying the approval of QSIs. The Agency filed exceptions to the award.     As pertinent, the Agency argues that the award failed to draw its essence from the parties’ agreement because, despite finding that the grievance was one day late, the Arbitrator found that the grievance was arbitrable. Because the Arbitrator’s interpretation of the parties’ agreement evidences a manifest disregard of that agreement, we grant this exception and vacate the award.  ...   FLRA DECISION:   (.pdf)   (.html)



☀       September 4, 2018  ...  NSC:  Brown v. NRWMC ..  Melinda J. Brown appeals from an order of the district court granting summary judgment in favor of Regional West Medical Center (RWMC) and dismissing her complaint for employment discrimination and retaliatory discharge.    Brown was employed by RWMC as a customer service representative in the patient financial services department. On August 16, 2011, Brown fell in the parking lot of RWMC as she was leaving work, injuring her right hand and wrist. She reported for work the following day, but was instructed to seek medical care shortly after she arrived. Brown notified RWMC of the injury and made a workers’ compensation claim. Despite being cleared to work with certain restrictions as of March 21, 2012, she has not returned to work since that day.    On December 16, 2011, Brown delivered a letter which indicatedt hat she had “limited use of [her] Right hand,” and requested the fol- lowing accommodation: “Want a job that I can come back to after I am cleared by my Doctor . . . .”  ..  DECISION:   (.pdf)   (.html)

☀       August 31, 2018  ...  FLRA:  VA v. AFGE  ...   In this case, after the conclusion of performance year 2014 (PY 14), the Agency “curved” the productivity standard for the highest performance level of a critical element.     The Union filed a grievance because the Agency implemented the change or curve without bargaining.     The Union also grieved the performance review of one employee. Arbitrator Sandra Mendel Furman denied the grievance concerning the performance review, but found that the Agency had violated the parties’ agreement by not bargaining before it implemented the curve.     The Agency challenges as nonfacts the Arbitrator’s findings.  ..  FLRA DECISION:   (.pdf)   (.html)


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