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She Cried ... "Mommy, She Look Like Me" (Joyfully Prideful Tears Falling From Her Eyes)

☀       April 24, 2017  ...  A.F.C.C.A.:  United States (Air Force) v. Wheeler  ...   THE PERVERTED GOVERNMENT LOVES TO COME UP WITH SCHEMES TO COERCE CRIME-FREE, VULNERABLE MEN TO COMMIT ILLEGAL ACTS.  ...   Appellant used Craigslist to meet women on the Internet. On 11 April 2014, he responded to a Craigslist advertisement that he initially believed was posted by an 18-year-old female looking for male companionship. The advertisement was actually posted by Air Force Office of Special Investigations (AFOSI) Special Agent WG, a male agent posing as a 14-year-old female. At the time, AFOSI was taking part in a joint law enforcement operation with the Pinellas County Sheriff’s Office intended to identify and apprehend individuals who used the Internet to lure minors into having sex.         Communication between Appellant and Special Agent WG, who for the purposes of this operation went by “Gaby,” started with email messages on Craigslist and quickly progressed to phone calls. To facilitate the phone conversation, Sergeant AW, a female law enforcement officer from the Pinellas County Sheriff’s Office, played the part of “Gaby.” Early in his discourse with “Gaby,” Appellant was informed that she was 14 years old.         Despite some initial wavering about “Gaby’s” purported age, Appellant ultimately overcame his concerns. He intentionally communicated indecent language to “Gaby,” masturbated during a telephone conversation with “Gaby,” and told her he was doing so. Appellant also induced “Gaby” to meet him so they could engage in sexual activity. For his misconduct, Appellant was charged with these two offenses.  ...   COURT DECISION:   (.pdf)   (.html)

☀       April 21, 2017  ...  6th Cir:  Marshall v. Rawlings  ...   AN INTERESTING FAMILY AND MEDICAL LEAVE (FMLA) CASE  ...   The Rawlings Company provides recovery or “cost containment” services to health insurance providers. Gloria Marshall began working as a Workers’ Compensation Analyst for The Rawlings Company in 2006 and was promoted to Team Lead in 2011.         Marshall suffers from depression, anxiety, and post-traumatic stress disorder. To receive treatment for her mental-health problems, Marshall took her first FMLA leave in February and March 2012. Marshall’s FMLA leave was not planned in advance; she took leave unexpectedly to address acute mental- health problems.         When Marshall returned from leave, she had a backlog of work waiting for her. Although Marshall did not accumulate new work while she was on leave, there was old work that she had not finished because her leave was unexpected.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 20, 2017  ...  FLRA:  AFGE v. ARMY  ...   UNIONS AIN'T SO COCKY THESE DAYS ... THEIR "O" BIASED PROTECTOR IS GONE.  ...   Arbitrator Russell L. Weaver issued an award finding that the Agency neither discriminated against the grievant nor created a hostile work environment in violation of the parties’ collective-bargaining agreement or Title VII of the Civil Rights Act of 1964 (Title VII),[1] though he found two incidents of alleged improper behavior were substantiated. The Arbitrator partially sustained and partially denied the Union’s grievance but awarded no damages. The Union filed three substantive exceptions.         First, the Union alleges that the award is contrary to law because the Arbitrator discounted facts.         Second, the Union contends that the Arbitrator based the award on a nonfact.         Finally, the Union alleges, in effect, that the Arbitrator was biased and denied the Union a fair hearing because the Arbitrator had a conflict of interest; that is, that the Arbitrator and an Agency supervisor’s wife are both professors at the same university.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 19, 2017  ...  Fed. Cir:  Banks v. MSPB  ...   WAS HER RESIGNATION INVOLUNTARY AND THEREFORE CONSTITUTED A CONSTRUCTIVE REMOVAL ?  ...   Banks was hired by the Department of Veterans Af- fairs (“VA”) on July 26, 2015, as a Medical Support Assistant. Her appointment was in the excepted service and was subject to a one-year probationary period. On March 2, 2016, within the one-year period, the VA notified Banks that the agency planned to terminate her due to performance issues. Rather than wait for the agency to terminate her, Banks chose to resign her position, effective March 15, 2016.         Banks appealed to the Board, asserting that her resignation was involuntary and therefore constituted a constructive removal.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 17, 2017  ...  11th Cir:  Brooks v. MSPB  ...   THIS CASE IS "A CASE"  ...   Larry Brooks appeals the district court’s decision granting the Department of the Air Force’s (the Air Force) motion for summary judgment in his employment discrimination suit. Brooks filed this suit in federal court following an unsuccessful appeal to the Merit Systems Protection Board (MSPB or Board) of his removal from his job at Robins Air Base.  ...   COURT DECISION:   (.pdf)   (.html)

☀       April 12, 2017  ...  Fed Cir:   Brown v. OPM  ...   AFTER WINNING HIS CASE, HE HAS TO TAKE OPM BACK TO COURT FOR ENFORCEMENT.  ...   BACKGROUND:  While working for the U.S. Postal Service, Mr. Brown suffered from several disabling conditions, and he applied for disability retirement benefits under the Federal Employees’ Retirement System (“FERS”). The Office of Personnel Management (“OPM”) denied his application for FERS benefits in December 2014 and denied his request for reconsideration in April 2015. The Board reversed, finding that Mr. Brown proved his entitlement to disability retirement.         Mr. Brown appeals a final decision of the Merit Systems Protection Board that dismissed his petition for enforcement of a prior Board decision and order in his favor.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 11, 2017  ...  MSPB:  Darosa v. MSPB (VA)  ...   VA TERMINATED HER DUE TO HER DISRESPECTFUL CONDUCT TOWARDS A PATIENT.  ...   MS.DaRosa (“DaRosa”) seeks review of the final order of the Merit Systems Protection Board (“the Board”) dismissing her appeal for lack of jurisdiction.         BACKGROUND: The Department of Veterans Affairs (“VA”) appointed DaRosa to the position of Medical Support Assistant in the excepted service, effective November 2, 2014. Her appointment was subject to a one-year probationary period that began on November 2, 2014. In October 2015, the VA terminated DaRosa’s employment due to her disrespectful conduct towards a patient. DaRosa appealed her termination to the Board.   ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   April 11, 2017  ...  OPM NOTICE:  Identifying Agency Point of Contact for Cybersecurity Position Coding    (new)

☀       April 10, 2017  ...  FLRA:  AFGE v. Bureau of Prisons  ...   THE GRIEVANT IS THE UNION’S EXECUTIVE VICE PRESIDENT.  ...   The employee at issue here (the grievant) is the Union’s Executive Vice President. When she requested compensatory time off for work-related travel (comp-time request), the Agency asked her to submit a flight itinerary to support her request. In response, the grievant filed a grievance alleging that the Agency discriminated against her based on her race, and retaliated against her based on her participation in protected Equal Employment Opportunity (EEO) and Union activities, in violation of law and the parties’ collective-bargaining agreement.         Arbitrator Hyman Cohen found that there was no evidence that the Agency discriminated or retaliated against the grievant. He also found that the grievance was moot because, after the grievance was filed, the Agency granted the grievant’s comp-time request. There are three questions before us.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 10, 2017  ...  DcPR:  Ortiz-Martinez v. Fresenius Health  ...   AFTER SUFFERING A WORK-RELATED INJURY, SHE SUED.  ...   Appellant Gloria Ortiz- Martínez worked as a social worker for appellees Fresenius Health Partners, PR, LLC and Fresenius Medical Care Extracorporeal Alliance of Puerto Rico, Inc. (together, "Fresenius").1 After suffering a work-related injury, Ortiz-Martínez sued Fresenius for failing to accommodate her disability in violation of the American with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213. The district court granted summary judgment finding, first, that Ortiz-Martínez did not qualify as a "disabled" individual under the ADA and, second, that she was the cause of the breakdown in communications concerning her accommodations.  ...   COURT DECISION:   (.pdf)   (.html)

☀       March 20, 2017  ...  DcDc:  Kargbo v. NRPC  ...   THEY FAILED TO HIRE ME FOR APPROXIMATELY SEVENTY JOB VACANCIES.  ...   The plaintiff is a Black male who was born in Sierra Leone. He immigrated to the United States in 2004 and became a naturalized citizen. The plaintiff has been an Amtrak employee in the District of Columbia since November, 2006.         On December 6, 2013, the plaintiff filed a Charge of Discrimination [...] alleging that Amtrak discriminated against him on the basis of his race and national origin by failing to hire him for approximately seventy Engineering Management positions for which the plaintiff had applied between December 1, 2010, and December 1, 2013.         On May 7, 2015, the plaintiff filed his Complaint, alleging that Amtrak unlawfully denied him promotions that he sought between 2011 and 2015 due to his race and national origin, in violation of Title VII and § 1981.   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 15, 2017  ...  OPM NOTICE:  Reduced Tuition Rates and Scholarships to Pursue Post-Secondary Education For Federal Employees

☀       March 14, 2017  ...  FLRA:  AFGE v. VA  ...   DEAR TRUMP, CONGRESS, ANYONE: PLEASE SEVERELY LIMIT THESE UNIONS ABILITY TO WASTE BILLIONS OF TAXPAYER DOLLARS.  ...   Arbitrator Richard Stanton found that certain Agency employees (the grievants) were exposed to hazardous working conditions. Accordingly, the Arbitrator directed the Agency to pay the grievants an 8% pay differential beginning thirty days before the Union filed the grievance and continuing as long as the grievants performed the hazardous duties. The Union filed exceptions to the award, and, in AFGE, Local 2338 (AFGE),[1] the Authority dismissed the Union’s sole argument that the Arbitrator should have awarded each grievant a minimum of six years of backpay. The Union has now filed a motion for reconsideration of AFGE under § 2429.17 of the Authority’s Regulations.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       March 9, 2017  ...  DcDc:  Ahuruonye v. Interior  ...   EXAMPLE OF PROBLEMS CAUSED BY POORLY IMPLEMENTED ELECTRONIC PERSONNEL DOCUMENTS.  ...   On June 18, 2015, the plaintiff submitted a FOIA request to the defendant, seeking “three items: 1) a copy of [the p]laintiff’s SF-52 termination document, dated April 14, 2015; 2) a copy of the Form 2809 used to terminate [the p]laintiff’s health benefit insurance on or about April 14, 2015; and 3) a copy of [the p]laintiff’s Fiscal Year (‘FY’) 2014 Within[]Grade [Increase], Defendant’s Statement of Material Facts Not in Genuine Dispute. In response, the defendant provided the plaintiff copies of the SF-52, SF-2809, and SF-2810 forms in screen shot versions and a copy of his 2014 Within Grade Increase Notice in memorandum format. “Following its search for responsive records, [the defendant] sent [the p]laintiff a letter dated July 14, 2015, advising him that all records that he had sought in his June 2015 FOIA request had been released in their entirety.”         The plaintiff, Barry Ahuruonye, filed this pro se civil case, alleging that the defendant, the United States Department of the Interior, violated the Freedom of Information Act (“FOIA”), [...], by improperly withholding records relating to the purported adverse employment action taken against him by the defendant.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 17, 2017  ...  FedCir:  Fedora v. MSPB (Postal)  ...   WAS HIS RETIREMENT VOLUNTARY -OR- WAS IT AN INVOLUNTARY "CONSTRUCTIVE DISCHARGE" ?  ...   Mr. Fedora began his employment with the United States Postal Service in 1980. He was employed as a Mail Handler in the Portland Processing and Distribution Center at the time of his retirement on August 31, 2012.         On April 27, 2013, Mr. Fedora filed an appeal with the Board alleging that his retirement was involuntary and amounted to constructive discharge.         He claimed that he was forced to perform work in violation of his medical restrictions, was harassed, and was improperly threat- ened with removal and loss of his pension.  ...   COURT DECISION:   (.pdf)   (.html)

   February 16, 2017  ...  OPM NOTICE:  Guidance on Requests for Exceptions to Timing of Suitability Inquiries Rule   (new)

☀       February 15, 2017  ...  NPR STORY:  'RESPECT' WASN'T A FEMINIST ANTHEM UNTIL ARETHA FRANKLIN MADE IT ONE   On [Valentine's Day] 50 years ago, a little-known gospel singer from Detroit went into a New York City recording studio to try to jump-start her career. No one saw it coming, but the song Aretha Franklin laid down on Valentine's Day 1967 would go on to become one of the greatest recordings of all time.         "Respect" hit the top of the charts four months later and turned Aretha Franklin into a feminist champion. The track was actually a clever gender-bending of a song by Otis Redding, whose original reinforced the traditional family structure of the time: Man works all day, brings money home to wife and demands her respect in return.         Franklin's version blew that structure to bits.       Download A Copy For Your Enjoyment.       ORIGINAL NPR STORY.

   February 14, 2017  ...  OPM NOTICE:  Hiring Freeze Frequently-Asked-Questions   (new)

   February 2017  ...  OPM NOTICE:  Federal Civilian Hiring Freeze Guidance

   TRUMP EXECUTIVE ORDER 13769:  Protecting the Nation From Foreign Terrorist Entry Into the United States (Federal Register)

☀       February 13, 2017  ...  Fed. Cir:  Sparks v. OPM  ...   WAS IT UN-AMERICAN FOR OPM TO DENY HIS DISABILITY RETIREMENT BASED ON "VETERAN SERVICE CONNECTED DISABILITY MENTAL DISORDER" ?  ...   Donald Sparks (“Sparks”) was employed by the Department of Veterans Affairs (“VA”) as a housekeeping aid from 2007–2013. On December 6, 2012, Sparks submitted an application for immediate retirement pursuant to the Federal Employees Retirement System, indicating that he had become disabled on October 24, 2012.         On his statement of disability form, he indicated that he suffered from “veteran service connected disability mental disorder affecting [his ability to have] gainful employment” [...] Sparks described his disability as “Post-Traumatic Stress Disorder.”         On February 11, 2014, OPM issued an initial decision denying Sparks’s application for disability retirement.         On January 9, 2015, Sparks wrote OPM, stating, “I humbly request reconsideration of my disability retirement”         Here, Donald Sparks (“Sparks”) appeals from the decision of the Merit Systems Protection Board (“MSPB”  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 10, 2017  ...  Fed Cir:  Clark v. MSPB  ...   THESE RESTORATION OF DUTY CASES STINK !  ...   Petitioner Dannice E. Clark is an employee of the U.S. Postal Service (“USPS”).         She alleged that the USPS refused her request to return to duty from April−August 2015 following partial rehabilitation from a work-related injury and, thus, violated her restoration of duty rights.         Here, Ms. Clark appeals the final decision of the Merit Systems Protection Board (“MSPB”) dismiss- ing her appeal for lack of jurisdiction.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 9, 2017  ...  Fed Cir:  McInnis v.  Education  ...   HE'S APPEALING HIS REMOVAL TO THE FED CIR.  ...   McInnis was employed as an Institutional Review Specialist by the Department of Education (“agency” or “Education Department”). He worked in the agency’s Federal Student Aid Office (“FSA”).         In January 2011, McInnis was suspended for fourteen days for (a) Failure To Follow Supervisory Instructions, (b) Failure To Follow Established Work Procedures, and (c) Failure To Take Appropriate Action.         On December 12, 2012, he was suspended for thirty days for being absent without leave and for failure to comply with established time and attendance procedures.         Effective January 24, 2014, the agency removed McInnis from his position based on charges of: (1) Absence Without Approved Leave; (2) Failure To Follow Established Leave Procedures; and (3) Failure To Follow Instructions.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 9, 2017  ...  FLRA:  VA (Biloxi)  v. AFGE  ...   WAS HE PROTECTED UNDER "SAFE HARBOR" OR WAS HE A FAIR TARGET FOR DISCIPLINE ?.  ...   The grievant is a clinical psychologist employed by the Agency. The grievant was selected by the Agency for a random drug screening and provided a urine sample for testing. Immediately thereafter, the grievant informed his supervisor that the test results would come back positive for marijuana use. The following month, the results of the test confirmed the grievant’s admission, and the Agency removed him from patient‑care responsibilities because the sample tested positive for marijuana.         Only then did the grievant apply to the Agency’s Employee Assistance Program (EAP), which, among other services, offers treatment to employees struggling with health issues (such as drug use) that may result in conduct or performance deficiencies.         The grievant was admitted to an EAP rehabilitation program, which he completed successfully and then returned to his normal clinical duties two weeks later. The grievant passed several random drug screenings thereafter.         Following the grievant’s return to clinical duties, the Agency proposed and decided to suspend the grievant for fourteen days without pay as discipline for his illegal drug use, despite the fact that he had successfully completed the treatment. The Union filed a grievance contesting the suspension, which was unresolved, and the parties proceeded to arbitration.   ...    FLRA DECISION:   (.pdf)   (.html)

☀       February 8, 2017  ...  Fed Cir:  Stevens v. MSPB  ...   WHERE HIS ALLEGATIONS COVERED BY THE WHISTLEBLOWER PROTECTION ENHANCEMENT ACT (“WPEA”)?  ...   Mr. Stevens is a Supervisory Computer Specialist within the Department of Transportation’s Office of Information and Technology (“AIT”), Federal Aviation Administration (“FAA”), in Atlanta, Georgia. The agency underwent reorganization between 2011 and 2013. In approximately July 2013, the agency assessed its information technology employees and then notified them of their new assignments within AIT. As a result of the reassignments, Mr. Stevens became Manag- er, Infrastructure Applications, in the Infrastructure and Operations Service Division.         On approximately November 21, 2013, he filed a complaint with the Office of Special Counsel (“OSC”), alleging that AIT employees were improperly assigned to new positions using noncompetitive processes during the reorganization. On November 22, 2013, Mr. Stevens complained to his fifth-level supervisor about the reassignments and informed him that he was in the process of making disclosures regarding the reassignments.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 8, 2017  ...  FLRA:  Army v. AFGE  ...   ARMY SAYS THESE SECURITY GUARDS ARE NOT IN THE BARGAINING UNIT ... AFGE SAYS THEY ARE .  ...   The Union filed a grievance on behalf of security guards employed by the Agency’s Directorate of Emergency Services (DES). The grievance alleged that the Agency violated the parties’ agreement when it unilaterally changed the DES security guards’ work schedules.         Before addressing the merits of the grievance, Arbitrator James E. Rimmel determined that the grievance is arbitrable, finding that the DES security guards are in the bargaining unit.   ...   Here, ARMY Appeals To FLRA:  FLRA DECISION:   (.pdf)   (.html)

☀       February 3, 2017  ...  VAOIG:  HEALTHCARE INSPECTION – ECHOCARDIOGRAPHY SCHEDULING AND QUALITY OF CARE CONCERNS, EDWARD HINES, JR. VA HOSPITAL, HINES, ILLINOIS      An echo technician operates ultrasound equipment to perform various noninvasive echo tests on the cardiovascular areas of the body.         All of the studies were sufficient for clinical decision making. However, we found the quality of the majority of the images reviewed was poor and may have been due to the technicians’ competency.         We found no documented evidence of performance improvement activities for the echocardiography technicians.         The Chief of Cardiology informed us that a formal performance improvement process was not in place for the echocardiography technicians.      Summary   Report

☀       February 3, 2017  ...  11th Cir:  EEOC v. WCMG (West)  ...   THE EEOC FINALLY WON ONE IN COURT.  ...   The Equal Employment Opportunity Commission (EEOC) filed a complaint against West Customer Management Group (West) alleging that West denied Derrick Roberts employment based on his accent and national origin.         A jury found in favor of West, and the district court awarded West attorney’s fees and costs.         The EEOC appeals the district court’s award of attorney’s fees and costs.         After careful consideration of the record and the parties’ briefs, we reverse.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 2, 2017   PROTESTANT CHRISTIANS REJOICE OVER PRESIDENT TRUMP'S SUPREME COURT PICK : The United States population is 46% Protestant Christian, 20% Catholic Christian, 2% Jewish, 1.6% Mormon, etc.         The current US Supreme Court has zero (0) Protestant Christians (United Methodist, Lutheran, Presbyterian, Episcopal, Baptists, Pentecostal, Holiness, etc) on-board. The current US Supreme Court has 5 Catholic justices and 3 Jewish justices. President Trumps Supreme Court nominee, Neil Gorsuch, is an Episcopal (Protestant Christian).         Many Protestant Christians rejoiced and praised the Lord for President Trump's pick.

☀       February 2, 2017  ...  C.A.A.F.:  U.S, Coast Guard v. Gomez  ...   THIS IS THE TALE OF THE "DUMB D___ SELFIE" THAT SUNK HIS SHIP.  ...   The US Coast Guard convicted Appellant of aggravated sexual assault, aggravated sexual contact, and indecent exposure, [...].         The court-martial also convicted Appellant of violating a lawful general order by engaging in sexual harassment, maltreatment, making a false official statement, aggravated sexual contact, abusive sexual contact, and committing a general disorder by using a female Guardsman’s camera without her consent to photograph his penis [...]. The convening authority approved Appellant’s adjudged sentence of confinement for eight years, a reduction to E-1, and a dishonorable discharge.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 1, 2017  ...  FLRA:  National Nurses United v. VA (Chicago)  ...   AS USUAL, THE UNION DEFENDS EMPLOYEE GUILTY OF FALSIFYING VETERAN RECORDS  ...   The grievant is a registered nurse who works with the Agency’s Homeless Program at the VA Jesse Brown VA Medical Center. Part of the grievant’s job is to go into the community to identify homeless veterans and offer them services available through the Agency. This includes gathering information from homeless veterans and entering the information into the Agency’s database.         After a co-worker claimed that the grievant falsified an entry, the Agency to reviewed records for the past five years and substantiated the falsification allegations. The Agency suspended the grievant for fourteen days for falsifying veterans’ medical records.         The Union filed a grievance challenging the suspension.         An Arbitrator found that the Agency had just cause to suspend the grievant, and denied the grievance.  ...   Here, National Nurses United (Union) Appeals To FLRA:  FLRA DECISION:   (.pdf)   (.html)

   January 27, 2016  ...  8th Cir:  Sieden v. Chipotle Mexican Grill  ...   WAS THE CHIPOTLE MANAGER FIRED FOR HIRING TO MANY OF THE "WRONG" TYPE PEOPLE.  ...   Philip Sieden appeals the district court’s grant of summary judgment in favor of Chipotle Mexican Grill, Inc. (Chipotle), on his reprisal claim under the Minnesota Human Rights Act (MHRA).         Sieden began working at Chipotle in 2001 as an at-will employee. During his employment, Sieden rose through the ranks and was eventually promoted to general manager of a newly-built restaurant in Vadnais Heights, Minnesota. On October 12, 2010, Seiden was promoted again, this time to Restaurateur. This title indicated that he was among Chipotle’s best general managers.         In April 2013, during a managers meeting, Moe told Sieden that he was hiring “too many Hmong people.” Sieden defended his employment decisions.         On June 18, 2013, Moe and Patet met with Sieden and terminated his employment.         Sieden filed suit in a Minnesota state court asserting claims under the MHRA of (1) reprisal, (2) age discrimination and (3) sexual orientation discrimination. Chipotle removed the case on the basis of diversity jurisdiction and ultimately moved for summary judgment.   ...   COURT DECISION:   (.pdf)   (.html)

   January 26, 2016  ...  FSIP:  DOD v. ACEA  ...   THE PARTIES JOINTLY SELECTED MATTHEW FRANCKIEWICZ AS THE FACILITATOR/FACTFINDER IN THIS DISPUTE.  ...   The Antilles Consolidated Educations Association (Union) filed a request for assistance with the Federal Service Impasses Panel (Panel) to consider a negotiations impasse under the Federal Service Labor—Management Relations Statute (Statute), 5 U.S.C. §7ll9, over the successor collective bargaining agreement (CBA) between the Union and the Department of Defense, Domestic Dependent Elementary and Secondary Schools (DDESS or Agency).         The Union represents the bargaining unit at these locations, consisting of approximately 270 professional employees who hold positions such as classroom teacher, guidance counselor, psychologist, education technologist, librarian, media specialist, nurse, and substitute teacher. The parties' last CBA expired on July 24, 2015.  ...   FSIP DECISION:     (.pdf)

   January 26, 2016  ...  Fed. Cir:  Tialino v. MSPB  ...   A CONSTRUCTIVE REMOVAL CASE.  ...   Tialino worked for the Department of the Army (“the Army”) as an engineering equipment operator on the Brea Dam near Los Angeles. On January 27, 2014, the Army proposed to remove Tialino from his position based on the following charges: (1) being under the influence of alcohol while on duty to the degree that it interfered with the proper performance of his duties; (2) consuming alcohol while on duty and while in a government vehicle; (3) using a government vehicle for non-official purposes; and (4) lack of candor. Tialino responded orally to the pro- posed removal, admitting the underlying charges and noting that he was two years away from retirement eligibility. Tialino requested that he be permitted to serve these two years.         The Army’s decision letter sustained the charges and set March 28, 2014 as the effective date for Tialino’s removal from service. On March 28, 2014, Tialino sub- mitted a signed resignation letter to the Army, stating in its entirety, “To Whom It May Concern, I Taleni Tialino am resigning today 28 March 2014 to pursue a deferred retirement.” The Army processed Tialino’s separation as a resignation, effective March 28, 2014.         Tialino then appealed to the Board, claiming that he had involuntarily resigned because the Army provided him with misinformation about his retirement options.   ...   COURT DECISION:   (.pdf)   (.html)

   January 17, 2016  ...  Fed Cir:  Mosteller v. MSPB (VA)  ...   DID VA REALLY SUSPEND HER IN THE PROCESS OF REMOVING HER? -OR- DID THEY "CLEAN IT UP" ?  ...   Ms. Mosteller worked for the VA as a Program Ana- lyst. The VA suspended Ms. Mosteller for fourteen days, from March 22 to April 4, 2015. Ms. Mosteller was not allowed to return to work on her next scheduled work day. Instead, on April 6, 2015, Ms. Mosteller received notice from the VA she was being placed on “authorized absence.” On the same day, the VA provided Ms. Mosteller with a notice of proposed removal. Ms. Mosteller remained on authorized absence until the VA terminated her employment.         Ms. Mosteller appeals a final decision of the Merit Systems Protection Board, arguing that the Board incor- rectly dismissed for lack of jurisdiction her appeal of the allegedly improper suspension of her employment with the Department of Veterans Affairs (VA).   ...   COURT DECISION:   (.pdf)   (.html)

   January 12, 2017  ...  FLRA:  AFGE v. ARMY  ...   FEDERAL UNIONS WASTE SO MUCH TIME, MONEY AND PRODUCTIVITY WITH THESE FRIVOLOUS GRIEVANCES.  ...   Arbitrator Robert Brookins issued an award finding that employees working a rotating shift who were assigned to work a day shift (the grievants) were not “temporarily assigned to a day shift.”     Based on that finding, the Arbitrator concluded that the grievants did not qualify for a night-shift differential under 5 C.F.R. § 532.505(d)(1). The Union filed exceptions to the award.         First, the Union alleges that the award is contrary to law because 5 C.F.R. § 610.121(b)(1) does not disqualify employees from receiving a night-shift differential under § 532.505(d)(1).         Second, the Union argues that the award is contrary to law because it adds a “non-existent requirement that employees be ‘permanently’ assigned to night shifts”[2] to qualify for a night-shift differential under § 532.505(d)(1).         Third, the Union contends that the award is contrary to the Federal Employees Flexible and Compressed Work Schedules Act of 1982 (CWSA)[4] because the Arbitrator found that the schedule changes were not temporary.         Finally, the Union raises several exceptions alleging that the award fails to draw its essence from the parties’ collective-bargaining agreement.   ...   FLRA DECISION:   (.pdf)   (.html)


   January 11, 2017  ...  FLRA TRAINING STILL OPEN:  Basic Statutory Training ... Oklahoma City, OK: January 18, 2017 ... San Antonio, Texas: March 29, 2017   ( FLRA )

   January 9, 2017  ...  OPM NOTICE:  Pay and Benefits for Noncareer Appointees Who Resign on Inauguration Day
   January 5, 2016  ...  OPM NOTICE:  U.S. Office of Personnel Management Cabinet Exit Memo

   January 2, 2016  ...  6th Cir:  Hale v. Johnson (TVA)  ...   TVA GOT CAUGHT DISCRIMINATING !  ...   All plant officers working for the TVA are required to maintain medical clearance as a condition of employment. Since his employment began in 2009, Hale had always maintained the level of clearance necessary for his position. However, in 2013, the TVA made a pulmonary function test (“PFT”) ((a requirement imposed by the TVA for employees to maintain their necessary medical clearance)).         Hale failed the testing because of his chronic obstructive pulmonary disorder.         The TVA terminated him as a result.         After the Tennessee Valley Authority (“TVA”) discharged James Hale for failing a pulmonary function test (“PFT”) Hale brought claims for disability discrimination and failure to accommodate under the Americans with Disabilities Act and the Rehabilitation Act.         The TVA moved for summary judgment, arguing that the court lacked subject-matter jurisdiction to hear the merits of Hale’s claim under Title VII’s national-security exemption and the Egan doctrine.         The district court disagreed, but certified the case for interlocutory appeal.  ...   COURT DECISION:   (.pdf)   (.html)

   January 2, 2016  ...  MSPB:  McGann v. GSA  ...   THE DAY THE HR DIRECTOR GOT SENT HOME ... FOR 30 DAYS.  ...   Effective July 2, 2014, the agency suspended the appellant for 30 days from her GS-15 position as a Supervisory Human Resources Specialist (Director of Human Resources) with the agency’s Office of Inspector General based on four charges: (1) conduct unbecoming (three specifications); (2) absence without leave (one specification); (3) failure to follow instructions (two specifications); and (4) insubordination (one specification).         The appellant has filed a petition for review of the initial decision, which sustained her 30-day suspension.  ...   Merit Systems Protection Board Decision:   (.pdf)   (.html)

   December 31, 2016  ...  OPM NOTICE:  January 2017 Pay Adjustments    ...    Fiscal Year 2017 Prevailing Rate Pay Adjustments