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   February 5, 2016  ...  MSPB:  Ryan v. Homeland  ...   FOR THE REASONS DISCUSSED BELOW, WE REVERSE THE INITIAL DECISION (30 Day Suspension).   ...   The appellant is a Program Analyst with the agency’s Federal Emergency Management Agency (FEMA) in the Texas National Processing Service Center.        The appellant works in the Contract Oversight Management Section, and his duties previously included being a Contracting Officer Representative.        On September 4, the appellant sent an email to his supervisor stating that his wife’s company was working on a joint venture with a call center that would compete for a contract.        The appellant also sent an email to one of the agency’s ethics counselors on September 4, stating that he was the president of his wife’s company, Texas Based Acquisitions (TBA), and wanted to know if a conflict of interest existed that would preclude TBA from competing for the agency’s call center contract        The agency proposed to remove the appellant based on five charges:   (1) “Ethics Violations, including Apparent Conflict of Interest”;  (2) failure to report an offense, status, or relationship;   (3) lack of candor;   (4) misrepresentation; and (5) sleeping on duty.        The deciding official sustained only the first two charges and suspended the appellant for 30 days.        The appellant appealed his suspension.  ...   MSPB DECISION:   (.pdf)   (.html)

   February 4, 2016    SCHOOLHOUSE ROCK! DVD     Includes 46 Original Animated Songs: "I'm Just A Bill", etc..  Sale = $8.74    MSRP = $19.99

   February 4, 2016  ...  MSPB:  Hess v. Postal  ...  POSTAL SERVICE CONSTRUCTIVELY REMOVED ME BY FORCING ME TO APPLY FOR DISABILITY RETIREMENT.  ...   The appellant served as a supervisory employee with the agency in Tampa, Florida.       Beginning in February 2013, the appellant was absent from work and placed in an absence without leave (AWOL) status. The appellant returned to work for 1 day in April 2013, and was again AWOL thereafter.       The appellant submitted an application for disability retirement on May 10, 2013, citing several emotional and physical disabilities that prevented her from performing her supervisory responsibilities.       While the appellant’s application for disability retirement was pending, the agency initiated a removal action based upon attendance-related misconduct, which it subsequently imposed and then rescinded.       The Office of Personnel Management (OPM) approved the appellant’s application for disability retirement, which she accepted.       The appellant filed a separate Board appeal of her removal, during which she alleged that the agency constructively removed her by forcing her to apply for disability retirement.  ...   MSPB DECISION:   (.pdf)   (.html)

   February 3, 2016  ...  MSPB:  Whipple v. VA  ...   WHEN VA OFFERED THE JOB TO AN UNQUALIFIED PERSON, LIKE ME, THEY DENIED ME PROMOTION POTENTIAL.  ...   The appellant is a WG-8 Pipefitter at the Canandaigua Veterans Affairs Medical Center in Canandaigua, New York.       On June 17, 2015, the agency posted a job vacancy announcement for a Utility Systems Operator (Water Treatment) position.       The agency made an oral job offer to a WG-10 Pipefitter who initially accepted, but later declined the offer.       On July 13, 2015, the appellant filed a grievance based on the agency’s job announcement for “[i]mproper [c]lassification and [d]enial of [p]romotion [p]otential.”       The appellant subsequently filed an appeal with the Board and requested a hearing.       He indicated that he was appealing violations of merit system principles 1 and 2.       He also asserted that the agency’s selection of an individual who, like the appellant, did not meet the qualifications of the standards of the position was unfair and denied him promotion potential.  ...   MSPB DECISION:   (.pdf)   (.html)

   February 3, 2016  ...  MSPB:  Jenkins v. HHS  ...   HHS ILLEGALLY REMOVED ME FOR (1) DISCRIMINATION BASED ON SEX, SEXUAL ORIENTATION, AND RELIGION.  ...   The agency removed the appellant from his position as GS-12 Biologist at the National Institutes of Health (NIH).      The agency determined that he: (1) removed Government property without authorization; (2) provided false information to a supervisor; (3) responded to a supervisor in a disrespectful manner; (4) inappropriately sent emails which contained NIH scientific information and management decisions to non-NIH email addresses; and (5) misused a Government computer.      The appellant filed an appeal with the Board regarding his removal.   ...   MSPB DECISION:   (.pdf)   (.html)

   February 2, 2016  ...  NMCCA:  US v. Rosario  ...   THE APPELLANT ASKED HER HOW MANY TIMES SHE HAD SEX OVER THE THANKSGIVING HOLIDAY.  ...   When she joined a new command in September 2013, the appellant became Lance Corporal (LCpl) B.A.’s new platoon sergeant. Over the next five months the appellant made numerous workplace comments which made LCpl B.A. uncomfortable, including      “te quiero” (Spanish for “I want you”), “[y]ou’re very pretty . . . too pretty to be a Marine[,]” and “I really missed you . . . I really missed your face . . . I missed having you around.”1 In response, LCpl B.A. questioned the appellant about these comments, indicated her disapproval, and/or attempted to discuss more professional subjects.      Upon her return from leave spent with her out-of-state husband, the appellant asked LCpl B.A. how many times the couple had sex over the Thanksgiving holiday.      She replied, “Sergeant, that’s none of your business.”  ...   COURT DECISION:   (.pdf)   (.html)

   February 1, 2016  ...  TECH:  Stop using Microsoft Edge's InPrivate mode if you value your privacy.   (By Washington Post Writter, Ana Swanson)   If you fall into the latter camp and use Edge's InPrivate mode to cover your online tracks, you might want to think about changing your web browser.

   January 27, 2016  ...  Court:  ...   DEAR VLADIMIR PUTIN: PLEASE SEND YOUR RUSSIAN TROOPS TO OREGON.  ...   US Government troops and Oregon State troops are unwilling to stand up to white thugs. In all fairness, its true that they have only been trained to stand up to non-white thugs.   ...   What's Even More Curious, is the fact that Oregon one of the states where the citizens are loaded to the hilt with automatic and semi-automatic weapons. The residents of the town outnumber the white thug group 100 to 1. But they are too cowardice to stand up to the white thugs. Kinda make you wonder why they have all those guns in their homes.  ...   Dear NRA: Please tell your members to use all the pistols, rifles, machine guns and bombs you (NRA) told them to buy; to take-out the white thug gang in oregon.    Show some leadership.    Send the Cleveland or Chicago Police.

   January 26, 2016  ...  Court:  ...   SUPREME COURT: BAN ON AUTOMATIC LIFE SENTENCES FOR JUVENILES IS RETROACTIVE.  ...   The 6-3 ruling means that some 2,100 juvenile murders will now have the possibility of parole.   ...   npr   ...   Decision:  Montgomery v. Louisiana:   ( html )      ( pdf )

   January 26, 2016  ...  TECH:  ( NEW )  VERYKOOL CYPRUS LTE SL6010   ...   6.0"   4G LTE   Unlocked   GSM   Android 5.1 Lollipop Smartphone   13MP + 8MP Cameras 1.0GHz 16GB + 64GB External Storage   Tempered Glass-Black. ( $219 )    Unlocked. No contract phone. GSM compatible- AT&T, T-Mobile, MetroPCS, Straight Talk, & other prepaid carriers. (Phone will not work with CDMA carriers- Verizon, Sprint, Boost, Virgin) • Dual SIM- (microSIM) LTE (FDD) : B2/4/5/7/17 UMTS/WCDMA : B2/4/5 - 850/1700/1900 GSM : 850/900/1800/1900 •Android 5.1 Lollipop. 6.0" IPS-LCD Capacitive Tempered Glass Screen, HD720. 720 x 1280 pixels, 245ppi • 13MP rear camera with auto focus & 8MP front camera, both with LED flash. 16GB ROM 1GB RAM & 64GB of external (microSD) storage • Quad Core Processor. Powered by MediaTek. This quad-core 1.0Ghz ultra-fast Cortex-A53 CPU processor is powered by the latest MediaTek MT6735P chipset .

   January 25, 2016  ...  MSPB:  Martin v. Postal  ...   THE PLACEMENT OF AN EMPLOYEE IN ENFORCED LEAVE STATUS FOR MORE THAN 14 DAYS.  ...   The appellant has filed a petition for review of the initial decision, which dismissed her suspension appeal for lack of jurisdiction. For the reasons discussed below, we GRANT the appellant’s petition for review, REVERSE the initial decision, and REMAND the case for adjudication of the appellant’s claims of discrimination and reprisal for equal employment opportunity (EEO) activity.    The agency’s action is NOT SUSTAINED.       The placement of an employee in enforced leave status for more than 14 days constitutes an appealable suspension within the Board’s jurisdiction.       We have held that when an agency reinstates an appellant following a negative retirement determination by OPM, and retroactively places him in LWOP status without her consent for the period during which the retirement inquiry was pending, her placement in LWOP status constitutes such an appealable suspension.   ...   MSPB DECISION:   (.pdf)   (.html)

   January 21, 2016  ...  DCAF:  Cimino v. American Airlines  ...   KILLER DICSCRIMINATION: A FEW DAYS AFTER HIS TERMINATION, HE COMMITTED SUICIDE.  ...   According to the Charge, Mr. Cimino, a non-Hispanic, was discriminated against by his Hispanic supervisor.      The Charge detailed a long series of alleged discrimination based on race, national origin, and ethnicity by American Airlines (“Employer”), which eventually led to Mr. Cimino’s termination.      A few days after his termination, Mr. Cimino committed suicide. Mrs. Cimino then filed the Charge with the United States Equal Employment Opportunity Commission (“EEOC”) and the FCHR, alleging that Mr. Cimino had been discriminated against by Employer.  ...   COURT DECISION:   (.pdf)   (.html)

   January 20, 2016  ...  TECH:  HUAWEI'S MATE 8 BEATS IPHONE 6S PLUS AND SAMSUNG GALAXY NOTE 5 .....   A 6-INCH SCREEN IN A 5.5-INCH BODY, WHICH COULD VERY WELL -ALSO- BE A REASON FOR YOU TO SELL YOUR TABLET.    A 2.3GHz HiSilicon Kirin 950 octa-core processor, 3GB of RAM, a 16-megapixel camera on the back and an 8-megapixel camera on the front, 32GB of storage (expandable up to 128GB via a microSD card), a huge 4,000mAh battery and a fingerprint scanner on the back. You can also get the phone with 4GB of RAM and 64GB of internal storage, but I tested the less powerful variant. The phone has a metal case with really thin bezels, making it just a tad shorter and a bit wider than the 5.5-inch screened iPhone 6S Plus.

   January 20, 2016  ...  MSPB:  Jackson v. Army  ...   THE AGENCY SUBSEQUENTLY REMOVED THE APPELLANT FOR PERFORMANCE-BASED REASONS, AND ...  ...   On April 28, 2014, the appellant, a GS-12 Auditor, filed a Board appeal of a within-grade increase denial.      The agency subsequently removed the appellant for performance-based reasons, and the appellant filed a second Board appeal.      The administrative judge joined the two appeals for processing.      During the pendency of the appeals, on August 7, 2015, the parties reached a settlement agreement.      The agreement provided that the agency would take several actions in the appellant’s favor, including expunging the Standard Form 50 reflecting a removal for unacceptable performance, replacing it with one reflecting a removal for failure to accept a directed reassignment, and providing her a neutral reference.      In return, the appellant would, among other things, withdraw her Board appeal.      The agreement also provided as follows: ... Read On.  ...   MSPB DECISION:   (.pdf)   (.html)

   January 18, 2016  ...  Fed Cir:  Raymond Muller v. Government Printing Office  ...   HE WAS REASSIGNED RESULTING IN A DEMOTION AND A REDUCTION IN PAY.  ...   Mr. Muller was reassigned between divisions of the GPO, resulting in demotion to a lower grade and a reduction in pay, an adverse employment action under 5 U.S.C. § 7512. Mr. Muller elected to challenge his reassignment through the negotiated grievance procedure, and, after proceeding through the steps of review required by the master agreement, the agency issued a decision denying the grievance.           The union timely invoked arbitration on February 19, 2014.          The arbitrator dismissed the grievance as “not arbitrable,” on the ground that a four-month deadline for holding a hearing, required by the agreement, had passed.   ...   COURT DECISION:   (.pdf)   (.html)

   January 15, 2016  ...  Fed. Cir:  McCarthy v. MSPB  ...   WHAT TO DO ... WHEN THE ATTORNEY YOU HIRED ... GOES AFTER YOU AND YOUR STAFF ?  ...   USIBWC Commissioner Bill Ruth hired McCarthy as a full-time, supervisory attorney for the Commission beginning January 18, 2009. Between June and July, 2009, McCarthy prepared four legal memoranda (two on June 19, one on July 14, and one on July 20) challenging certain activities at the Commission as “gross mismanagement” and contrary to existing law. McCarthy’s memoranda also attacked certain officers as lacking “core competencies.”      On July 28, 2009, McCarthy submitted a report titled “Disclosures of Alleged Fraud, Waste and Abuse” to the State Department Office of Inspector General (“OIG”), as well as other federal agencies.     ;    On July 31, 2009, Commissioner Ruth terminated McCarthy’s employment. In support of his decision, Commissioner Ruth cited McCarthy’s continued failure to support me or other members of the executive staff in a constructive and collegial manner.   ...   COURT DECISION:   (.pdf)   (.html)

   January 14, 2016  ...  5th Cir:  Cannon v. JacobsField  ...   WE REVERSE ... WE REVERSE ... WE REVERSE  ...   Cannon is a mechanical engineer with over twenty years of experience. 1 In 2010, he had surgery to repair a torn rotator cuff in his right shoulder. The surgery was unsuccessful. As a result, Cannon can no longer raise his right arm above shoulder level, and is limited in his ability to push or pull with his right arm.     In 2011, Cannon applied for a job as a field engineer with JFS. JFS offered him the job. Cannon underwent a pre-employment physical. During the exam, Cannon told the doctor about his inoperable rotator cuff injury and that he had previously taken the prescription pain reliever Ultram, which is the brand name version of the opioid Tramadol.      JFS quickly revoked the offer after learning that Cannon had a rotator cuff impairment. Cannon brought suit under the Americans with Disabilities Act (ADA). The district court granted summary judgment, finding that Cannon could not prove that he was disabled or a qualified individual. Because the first finding ignored Congress’s expansion of the definition of disability when it amended the ADA in 2008 and a factual dispute exists on the second, we reverse.  ...   COURT DECISION:   (.pdf)   (.html)

   January 12, 2016  ...  4thCir:  Bauer v. Lynch(FBI)  ...   WHEN THEY SAY THEY WANT EQUAL PAY FOR WOMEN ... WHAT THEY REALLY MEAN IS ... THEY WANT EQUAL PAY, BASED ON MEETING LOWERED (WOMEN ONLY) STANDARDS.  ...   For more than ten years, the FBI has measured the physical fitness of its New Agent Trainees (“Trainees”) by using gender-normed standards.       In July 2009, plaintiff Jay J. Bauer flunked out of the FBI Academy after falling a single push-up short of the thirty required of male Trainees.       Bauer then filed this Title VII civil action, alleging that the FBI had discriminated against him on the basis of sex, in that female Trainees were required to complete only fourteen push-ups. The Attorney General and Bauer filed cross-motions for summary judgment, and the district court granted Bauer’s motion.   ...   COURT DECISION:   (.pdf)   (.html)

   January 11, 2016  ...  DcDc:  Bullock v. Donohoe  ...   WAS HE TERMINATED IN RETALIATION FOR HAVING FILED NUMEROUS EEO COMPLAINTS AGAINST SUPERVISORS ?  ...   Plaintiff was employed as a letter carrier from February 1985 until his termination in July 2010. Most recently, he worked at the Postal Service’s Ward Place Station in the District of Columbia.        It is undisputed that Plaintiff injured his ankle on the job in 2000, but the supervisors at Ward Place who were directly involved in the events leading to his termination—his immediate supervisor, Todd Dickens, and his second-level supervisors, Acting Customer Services Manager Bryant Hubbard and Customer Services Manager Ricky Rucker—all aver that they lacked any knowledge that this injury continued to affect Plaintiff in 2009 and 2010 or that there were any medical restrictions on his work during that period. Plaintiff responds with unsworn assertions that at least some supervisors were aware of his medical problems.        From 2003 to 2009, prior to the removal decision at issue in this case, Plaintiff filed eleven EEO complaints.  ...   COURT DECISION:   (.pdf)   (.html)

   January 7, 2016  ...  MSPB:  Forte v. Navy  ...   NAVY PROPOSED THE APPELLANT’S REMOVAL FOR ILLEGAL DRUG USE BASED ON THE TEST RESULTS.   ...   The appellant is a Firefighter at the agency’s Point Loma Naval Base in San Diego, California.      His position is a testing designated position and thus he is subject to drug testing on a random basis. On May 8, 2014, the appellant was selected for a random drug test. On May 16, 2014, J.C., a Medical Review Officer for the agency, notified the appellant that his urine sample had tested positive for cocaine.      The appellant requested a retest, which also reported positive for cocaine.      On June 11, 2014, the agency proposed the appellant’s removal for illegal drug use based on the test results.      The appellant responded to the proposed removal orally and in writing.      With his written response, the appellant provided the results of a hair follicle drug test that he privately obtained on June 9, 2014, which indicated that he had tested negative for cocaine.      The deciding official sustained the charge but mitigated the penalty to a 30-day suspension, which was effective on July 28, 2014.      The appellant filed a Board appeal of the suspension and requested a hearing.           The agency has filed a petition for review and the appellant has filed a cross petition for review of the initial decision, which reversed his 30-day suspension for illegal drug use and denied both his affirmative defense of disability discrimination based on disparate treatment and his motion for sanctions.  ...   MSPB DECISION:   (.pdf)   (.html)

   January 6, 2016  ...  D.C. Cir.:  Blue v. DC Public Schools  ...   LESSON LEARNED: IF YOU ARE A TEACHER AND WANT TO HAVE SEX WITH AS MANY STUDENTS AS YOU DESIRE -- ON AND OFF SCHOOL PROPERTY -- ... BE WHITE TOO !  ...   According to the complaint, Robert Weismiller, the teacher who had a sexual relationship with Blue, taught at various schools in the D.C. area for much of the past forty years.      In the mid-1970s, while a gym and driver’s education teacher at a public high school in Prince George’s County, Maryland, Weismiller “initiated sexual relationships with two students.”      Weismiller persuaded “one 16-year-old student . . . to have sex with him at various locations, both on and off of school property.”      He also “had sexual intercourse with a second student” who was “17 years old when the sexual relationship began.”      “While serving as the student’s driver education teacher, Weismiller on multiple occasions drove the student to a motel, where they had sex.”      After two of her classmates “informed the student’s parents that they had seen her with Weismiller,” the girl’s parents “informed the principal of what the classmates had seen, and demanded that the principal take action.”      The complaint says nothing about what the principal or the school district did in response to the parents’ complaint. Weismiller stopped working at the school in 1978.  ...   COURT DECISION:   (.pdf)   (.html)

   January 5, 2016  ...  7th Cir:  EEOC v. AutoZone  ...   PLEASE, SOMEBODY ... ANYBODY ... SEND THESE COMMIES (EEOC) BACK TO THE SOVIET UNION.  ...   Plaintiff-appellant, the Equal Employment Opportunity Commission (“EEOC”), filed suit against defendant-appellee, AutoZone, Incorporated (“AutoZone”), for dismissing Margaret Zych (“Zych”) from AutoZone’s Cudahy, Wisconsin, location in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”).           Specifically, the EEOC alleged that AutoZone failed to accommodate Zych’s lifting restriction and that Zych’s termination constituted discrimination on account of her disability.           After a five-day trial, the jury returned a verdict in favor of AutoZone, finding that Zych was not a qualified individual with a disability or a record of disability.           The EEOC filed a motion for a new trial, which the district court denied. The EEOC appealed. For the reasons that follow, we affirm the district court.  ...   COURT DECISION:   (.pdf)   (.html)

   January 4, 2016  ...  MSPB:  Mastrullo v. Labor  ...   WE VACATE THE INITIAL DECISION AND REMAND THE APPEAL TO THE ADMINISTRATIVE JUDGE FOR FURTHER ADJUDICATION.   ...   The appellant resigned from his GS-13 Occupational Safety and Health Manager position with the agency’s Occupational Safety and Health Administration (OSHA), effective August 31, 2012.     In March 2013, the appellant filed a complaint with the Office of Special Counsel (OSC) asserting that he was compelled to resign due to continuous harassment after he disclosed certain information to high level agency officials, initiated a Congressional inquiry, and filed charges with the agency’s Office of Inspector General (OIG).   ...   MSPB DECISION:   (.pdf)   (.html)

   December 29, 2015  ...  NEWS:  YES, I'M TOBACCO-PICKIN' WHITE TRASH..   (By Washington Post Writter, Ana Swanson)   NPR continues a series of conversations from The Race Card Project, in which thousands of people have submitted their thoughts on race and cultural identity in six words.         When Tracy Hart says she's from "a tobacco-pickin', Southern, white trash family," she says that she means that in the "most endearing way."         "Some stereotypes my family breaks. We were Southern but poor sharecroppers rather than slave owners," Hart tells NPR special correspondent Michele Norris, founder of The Race Card Project. "Other stereotypes my family embraces, using discriminatory language in equal measure across all those who are not white Southerners."  ...  NPR       Transcript       Download MP3 (8mb)

   December 31, 2015  ...  N.M.C.C.A.:  United States v. Howell  ...   I WANT MY MONEY BACK ... READ ON.  ...   A general court-martial panel of members with enlisted representation convicted SSgt Howell, contrary to his pleas, of a violation of a general regulation, rape, aggravated sexual contact, forcible sodomy, assault consummated by a battery, and adultery, in violation of ... .     The members sentenced him to confinement for eighteen years, reduction to pay grade E- 1, total forfeitures, and a dishonorable discharge. The CA approved the sentence and, except for the punitive discharge, ordered it executed.     SSgt Howell’s term of enlistment expired on 26 November 2012 during post-trial confinement.     Read on   ...   COURT DECISION:   (.pdf)   (.html)

   December 22, 2015  ...  MSPB:  John Doe v. Justice  ...   SORE LOSERS, THE UNDERHANDED AND UNETHICAL DEPARTMENT OF JUSTICE TRY TO GET THEIR DISCRIMINATORY REMOVAL ACTION REVERSED.   ...   The agency informed the appellant that it was reassigning him to a different work unit.      The appellant submitted a request for reasonable accommodation, asking not to be reassigned because it would exacerbate his anxiety disorder.      At the agency’s request, he provided a letter from his psychologist in which his psychologist stated that the appellant feared that he would develop suicidal or homicidal ideation if he were reassigned.      Based on this letter, the Chief of the Personnel Security Section for the agency’s Executive Office for U.S. Attorneys (EOUSA) determined that the appellant was no longer eligible to hold a Special-Sensitive, Level 4 position and that he posed an unnecessary and unacceptable operational security risk.      The agency then removed the appellant based on two charges: (1) “failure to maintain a qualification for your position”; and (2) “posing an operational security risk to the office.”      The appellant filed a Board appeal.      HERE, the agency has filed a petition for review of the initial decision that reversed the appellant’s removal on harmful error grounds.  ...   MSPB DECISION:   (.pdf)   (.html)

   December 18, 2015  ...  7th Cir:  EEOC v. CVS Pharmacy  ...   PROOF THAT EEOC IS TOO COMMUNISTIC FOR WHOLESOME ALL-AMERICAN BUSINESSES.  ...   In July 2011, CVS fired store manager Tonia Ramos and offered her a severance agreement (the “Agreement”), which she signed. Severance agreements (also known as “separation agreements”) are contracts commonly used by employers to protect against legal liability. Under a typical severance agreement, the former employee agrees to waive claims against the employer in exchange for consideration that the former employee would not otherwise be entitled to, such as additional pay or benefit extensions.         In August 2011, approximately one month after signing the Agreement, Ramos filed a charge with the EEOC alleging that CVS fired her because of her race and sex. During the EEOC’s investigation of Ramos’s charge, CVS provided the EEOC with Ramos’s severance agreement.         On June 10, 2013, EEOC sent CVS a letter stating that it “ha[d] reasonable cause to believe that [CVS] is engaged in a pattern or practice of resistance to the full enjoyment of the rights secured by Title VII... .   ...   COURT DECISION:   (.pdf)   (.html)

   December 15, 2015  ...  5thCir:  Brandon v. Sage  ...   “WHAT IS THAT AND WHO HIRED THAT?” ... WE DO NOT HIRE “CROSS-GENDER” PEOPLE.   ...   In 2010, Margie Brandon interviewed and hired Loretta Loretta Eure (“Loretta Eure”), a truck driver who alleges that her “gender expression was traditionally masculine.”      Also in 2010, one of the accounts that Carmella Campanian managed, Sanjel, Inc., expanded its contract with Sage.      On March 29th, 2011, Carmella Campanian flew to San Antonio, Texas, and spent three days implementing the driver training component of the Sanjel expansion.      When Carmella Campanian arrived at Sage’s campus, she saw Loretta Eure through a window and asked, “What is that and who hired that?” Margie Brandonresponded that Loretta Eure was a qualified instructor. Carmella Campanian then explained that Sage did not hire “cross-gender” people and that Margie Brandonwould be disciplined for hiring Loretta Eure. Margie Brandonreplied “Excuse me?” Carmella Campanian answered by repeating that Sage did not hire “cross- genders.”      Carmella Campanian also reduced Loretta Eure’s work hours and excluded Loretta Eure from the Sanjel project. When Margie Brandonquestioned her decision, Carmella Campanian asked Margie Brandonif she was stupid and added that the Sanjel people would eat Loretta Eure alive.      Ultimately, Carmella Campanian informed Margie Brandonthat her pay would be reduced by 50 percent because she hired Loretta Eure.   ...   COURT DECISION:   (.html)   (.pdf)

   December 11, 2015  ...  MSPB:  Hawker v. Veterans Affairs  ...   VA FIRED THE PHYSICIAN FOR ALLEGED SUBSTANDARD CARE AND PROFESSIONAL INCOMPETENCE. _  -OR-   WAS IT REALLY RETALIATION?   ...   The appellant was employed as a Physician at the agency’s Salem, Virginia Medical Center under the authority of 38 U.S.C. § 7401(1), subject to a 2-year probationary period.      By letter dated December 16, 2013, the agency informed the appellant that he would be separated during his probationary period due to alleged substandard care and professional incompetence.      On February 25, 2014, the appellant filed a whistleblower reprisal complaint with OSC alleging that his employment was terminated in retaliation for his prior protected disclosures regarding patient care issues.   ...   MSPB DECISION:   (.pdf)   (.html)

   December 8, 2015  ...  DCDC:  Lewis v. DC Government  ...   A HUMAN-RESOURCES ADVISER, SHE REFUSED TO TAKE THE DRUG TEST AND WAS FIRED.  ...   Before her termination, Lewis held the job of “[Human Resources] Advisor, Management Liaison Specialist” in the city’s Office of Chief Medical Examiner.     During a staff meeting, an attorney for the city, Charles Tucker, informed OCME employees that, as a condition of their ability to relocate to the new laboratory, and thus to maintain their jobs, they would be required to consent to a set of background checks.  ...   COURT DECISION:   (.pdf)   (.html)

   December 7, 2015  ...  MUSIC:  BABYFACE REMEMBERS SLOW DANCING, OLD CRUSHES AND HIS FIRST SONG.     Whitney Houston, Boyz II Men, Eric Clapton and Toni Braxton — those are just a few of the major artists that Kenny "Babyface" Edmonds has written and produced for over the years. The 11-time Grammy winner is well known for his traditional R&B ballads, and on his latest solo album, he sticks with the subject he knows best.        "When you think about it, kids don't know anything about slow dancing. You don't go to a club or to a house party and slow dance; that doesn't happen anymore," he says. "There are those of us that still like a good love song, and like to feel good about love — and not necessarily heartbreak, but just feel good about what love can do for you spiritually. And I just wanted to make a feel-good record in that way."        Babyface joined NPR's Rachel Martin to talk about the new album Return of the Tender Lover — and along the way, traced his relationship with music all the way back to his first big crush. Hear the radio version at the audio link, and read more of their conversation below.   (NPR)

   December 3, 2015  ...  MSPB:  United States v. Viers (Army)   ...   DOUBLE STANDARD: NOW, THE MILITARY GOES WAY OUT OF ITS WAY TO DISCIPLINE MALE SOLDIERS.   ...   Appellant and his wife, J.V., were engaged in a verbal altercation in the upstairs bedroom and hallway of their home. As they quarreled, the argument turned physical. Toilet bowl cleaner and suntan lotion were doused about the upper floor by one or both of them. A glass vase was also broken during the exchange. At trial, each spouse accused the other of breaking the vase. Both parties agree, however, that after these items were tossed about the bedroom, bathroom, and hallway, J.V. went downstairs and returned upstairs, wielding a capped bottle of liquid bleach. Appellant grabbed J.V. by the wrist and hand in which she held the bleach and uttered words to the effect of: “if you don’t put down the bleach, I will break your f***ing hands.” J.V. ultimately let go of the bleach and the scuffle came to an end. Appellant then went downstairs and was taken into custody by police who arrived on the scene.   ...   MSPB DECISION:   (.pdf)   (.html)

   December 02, 2015  ...    SPINRILLA, FREE UNLIMITED HIP HOP MIXTAPES ADDED TO T-MOBILE DATA FREE MUSIC STREAMING  ...   T-Mobile Music Freedom is gaining support for 11 more streaming services being added to Music Freedom.      These new services are available to stream free with Music Freedom starting today, December 1:    THE FULL T-MOBILE MUSIC FREEDOM LIST INCLUDES:    •8tracks, •AccuRadio, •Apple Music, •, •Bandcamp, •Beatport, •Black Planet, •Dash Radio, •DatPiff, •Digitally Imported, •Fit Radio, •Fresca Radio, •Google Music, •Groove Music, •iHeartRadio, •Jango, •, •KCRW, •Live365, •Mad Genius Radio, •Mix Radio, •Noon Pacific, •Pandora, •Radical.FM, •Radio Danz, •Radio Paradise, •, •radioPup, •RadioTunes, •Rdio, •Rhapsody, •, •Saavn, •Samsung Milk Music, •SiriusXM, •Slacker, •SomaFM, •Songza, •SoundCloud, •Spinrilla, •Spotify, •StreamOn, •Tidal Music, •TuneIn Premium .     ( Includes Spinrilla: Hip-hop mixtape downloads and streams with no downloading limits ).

   December 01, 2015  ...    MAPLE AND PANCAKE SYRUP TASTE TEST  ... sampled 13 brands of maple and pancake syrup to find the very best for breakfast, brunch, and beyond.      BY KENDRA VIZCAINO-LICO AND KEMP MINIFIE

   November 20, 2015  ...  ACCA:  United States v. Bailey (Army)  ...   SERIOUSLY, ... THIS IS HOW YOU COULD ... DIE TODAY !  ...   Around the time many employees were leaving work for the day, appellant was driving his Chevrolet Avalanche, a five to six passenger sport utility truck, in the far right lane of a four-lane thoroughfare at Fort Gordon, Georgia. The weather was clear, the pavement dry, and the road straight and unobstructed. As he drove, appellant abruptly crossed three lanes into oncoming traffic and smashed into the driver’s side of a Dodge Durango traveling in the opposite direction. The Durango had been traveling steadily forward within the posted speed limit when it was struck by appellant. Appellant’s vehicle then deflected off the Durango, traveled over a curb, and onto the sidewalk where a group of pedestrians were walking.

      The pedestrians scrambled to move out of the way of appellant’s truck. One man, directly in the truck’s path, however, did not escape. Appellant’s vehicle struck Mr. MM – the truck’s right front tire ran over his upper body, severing his spine and crushing his vital organs; the back right tire ran over his legs. The truck proceeded to smash into a fence and came to rest on top of Mr. MM’s body, with the vehicle transmission still in drive and appellant still behind the steering wheel.

      Numerous onlookers immediately ran to assist. One witness went to the driver’s side of the truck, reached across appellant, placed the truck in park and removed the keys from the ignition. Four separate eyewitnesses present in the immediate aftermath of the event testified that appellant looked and acted as though he was high or intoxicated. Upon seeing appellant’s behavior, one witness stood next to appellant’s car door interacting with appellant and preventing him from leaving the vehicle until emergency crews arrived. “Confused,” “disoriented,” and “incoherent” were some of the words used by witnesses to describe appellant. Witnesses also testified appellant was giggling, drooling, smirking, and mumbling at the scene.   ...   COURT DECISION:   (.pdf)   (.html)

   November 19, 2015  ...  3rdCir:  Faush v. Tuesday Morning  ...   WAS HE AN EMPLOYEE FOR DISCRIMINATION CASE PURPOSES?.  ...   THE UNDERLYING DISPUTE:      Matthew Faush was employed by Labor Ready, a staffing firm that provides temporary employees to a number of clients, including closeout home-goods retailer Tuesday Morning, Inc. Over the course of a month, Labor Ready sent temporary employees to a new Tuesday Morning store in Pennsylvania overseen by store manager Keith Davis. The temporary employees were asked to unload merchandise, set up display shelves, and stock merchandise on the shelves in preparation for the store’s opening the following month. Faush was assigned to the store for ten days; each day, he generally worked for eight hours with nine other temporary employees.      Faush alleges in his complaint that when he and other African-American temporary employees were working at the Tuesday Morning store, Davis accused them of stealing two eyeliner pens, insisting that “[his] people wouldn’t do that.” A few days later, the store owner’s mother told Faush and two other African-American temporary employees to work in the back of the store with the garbage until it was time to leave. When Faush and his coworkers went to speak with Davis, a white employee blocked their path and referred to them using a racial slur. Davis refused to hear their complaints regarding the slur. Instead, he informed them that he would not let them on the floor because an alarm had been triggered and he was concerned about loss prevention. Faush alleges that he and his African-American coworkers were “terminated,” but his complaint provides no further detail.      Faush filed suit against Tuesday Morning in federal court for racial discrimination.  ...   COURT DECISION:   (.pdf)   (.html)

   November 17, 2015  ...  MSPB:  Kitlinski v. Justice  ...   DEA SPECIAL AGENT DONE WRONG ?   ...   The appellant serves as a Supervisory Special Agent with the Drug Enforcement Administration (DEA or agency), and was on a full-time active duty assignment with the U.S. Coast Guard in Washington, D.C., during the time relevant to this appeal.      The appellant filed the instant USERRA appeal alleging discrimination, a hostile work environment, and retaliation based upon his exercise of rights under USERRA.  ...   MSPB DECISION:   (.pdf)   (.html)

   November 11, 2015  ...  CCA:  Jumaane v. Los Angeles  ...   IT IS A DAMNED SHAME ... EVEN WHEN A PERSON WINS A DISCRIMINATION CASE, THE RACIST COURT STEALS THE VICTORY FURTHER UP THE ROAD.  ...   Plaintiff, an African-American, has been employed with the City through his work with the Los Angeles Fire Department (Department) since 1986. He sued the City ... alleging racial discrimination, racial harassment, and retaliation. At the first trial, the jury rendered a verdict in favor of the City on all causes of action. The trial court granted plaintiff’s motion for new trial based on juror misconduct, and we affirmed ...      The case was retried over the course of 34 court days between September 23 and November 25, 2013. At the end of the second trial, the jury found for plaintiff on the causes of action for race discrimination based on a disparate impact theory, race harassment, retaliation for complaining about discrimination and harassment, and failure to prevent discrimination, harassment or retaliation.  ...   COURT DECISION:   (.pdf)   (.html)

   November 3, 2015  ...  MSPB:  Ayers v. Army  ...   CHARGE: Removed Her Based On 25 Specifications Of Conduct Unbecoming A Federal Civilian Employee.   ...   The appellant was formerly employed as a Diagnostic Radiologic Technologist (Mammography), GS-0647-08, at the agency’s Reynolds Army Community Hospital (RACH), Department of Radiology, Diagnostic Service, in Fort Sill, Oklahoma. On February 21, 2012, the agency proposed to remove her based on 25 specifications of Conduct Unbecoming a Federal Civilian Employee. The appellant responded in writing, and on April 5, 2012, the agency issued a decision letter effecting her removal that same day.

     The agency has filed a petition for review of the initial decision, which reversed the appellant’s removal. .  ...   MSPB DECISION:   (.pdf)   (.html)

   November 2, 2015  ...  OCA:  Arnold v. Burger King  ...   ALLEGED RAPE ON THE JOB and MANDATORY ARBITRATION AGREEMENT.   ...   This employment dispute arises from the alleged rape of Arnold by her supervisor in the men’s bathroom at a Burger King restaurant during working hours. She subsequently filed suit alleging the rape and that she was harassed and sexually abused by her supervisor over a period of time.       She further alleged that on July 21, 2012, as she “was cleaning the restrooms as part of her duties as an employee” of the defendants, Matthews followed her, grabbed her, “pushed her against the door, and forced her to give him oral sex.” Arnold presented six (6) causes of action against the defendants collectively: (1) sexual harassment; (2) respondent superior/negligent retention; (3) emotional distress; (4) assault; (5) intentional tort; and (6) employment discrimination.  ...   COURT DECISION:   (.pdf)   (.html)

   November 2, 2015  ...  MSPB:  Fushikoshi v. Agriculture  ...   THE CHARGES: (1) Failed To Report For Duty As Scheduled AND (2) Failed To Report For Overtime   ...   The appellant is a GS-11 Plant Production and Quarantine Officer with the agency, stationed at the Kahului Airport in Hawaii.      The agency proposed to suspend the appellant for 30 days based upon three specifications of improper conduct.      Specification one alleged that, on September 10, 2013, the appellant failed to report for duty as scheduled and was absent without leave (AWOL) for 8 hours.     Specification two alleged that on October 6, 2013, the appellant failed to report for a 5-hour overtime assignment.      Specification three alleged that on February 8, 2014, the appellant was AWOL for 45 minutes when he failed to report for duty until a supervisor telephoned him and reminded him that he only had requested leave for a later part of the day.   ...   MSPB DECISION:   (.pdf)   (.html)

   November 2, 2015  ...  MSPB:  Boo v. Homeland  ...   THE CHARGES: (1) Misrepresentation AND (2) Undermining Required Security Procedures   ...   The agency removed the appellant from employment with the Transportation Security Administration on two charges of misconduct: misrepresentation and undermining required security procedures. The assigned administrative judge sustained the appellant’s removal; on petition for review, the Board vacated the initial decision in part, did not sustain the charge of misrepresentation, and mitigated the penalty to a 30-day suspension.   ...   MSPB DECISION:   (.pdf)   (.html)

   October 7, 2015  ...  7Th Cir:  LuzMaria Arroyo  v. Volvo  ...   A REVERSAL OF FORTUNE.  ...   LuzMaria Arroyo is an Army Reservist and veteran who suffers from post-traumatic stress disorder (“PTSD”). She worked for Volvo Group North America, LLC, d/b/a Volvo Parts North America (“Volvo”) from June 2005 until she was fired in November 2011. Volvo says it fired her for violations of its attendance policy, but Arroyo claims the real reason was discrimination on the basis of her military service and her disability.        We now reverse the district court’s order with respect to Arroyo’s discrimination claims under USERRA and the ADA because Arroyo has raised genuine, material factual issues that should be resolved at trial. We also vacate the district court’s award of Volvo’s costs. In all other respects, however, we affirm the judgment of the district court. .  ...   COURT DECISION:   (.pdf)   (.html)

   September 29, 2015  ...  VAOIG:  ADMINISTRATIVE INVESTIGATION: INAPPROPRIATE USE OF POSITION AND MISUSE OF RELOCATION PROGRAM AND INCENTIVES.   Ms. Diana Rubens was reassigned from her position as Deputy Under Secretary for Field Operations to the position of Director, Philadelphia and Wilmington VA Regional Offices (VAROs)1, effective June 1, 2014. VA paid $274,019.12 related to Ms. Rubens’ Permanent Change of Station (PCS) move. Although we determined the PCS relocation expenses paid for Ms. Rubens’ move were generally allowable under Federal and VA policy, we found that Ms. Rubens inappropriately used her position of authority for personal and financial benefit when she participated personally and substantially in creating the Philadelphia VARO vacancy and then volunteering for the vacancy.   Summary  ...  Full Report (.pdf)

   September 29, 2015  ...  N.M.C.C.A.:  United States v. Clark  ...   WEIRD CASE ... HIS RAPE CONVICTION WAS OVERTURNED ... BUT THEY WONT LET HIM OUT OF PRISON.  ...   A military judge sitting as a general court-martial convicted the petitioner, contrary to his pleas, of rape and forcible sodomy in violation of Articles 120 and 125, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 925. The military judge sentenced the appellant to seven years’ confinement, reduction to pay grade E-1, and a dishonorable discharge. The convening authority (CA) approved the sentence as adjudged.      On 14 July 2015, a panel of this court issued a decision finding the petitioner’s convictions factually insufficient and thus set aside the findings and sentence and dismissed the charges with prejudice. United States v. Clark, 2015 CCA LEXIS 287, unpublished op. (N.M.Ct.Crim.App. 14 Jul 2015) (per curiam)..  ...   COURT DECISION:   (.pdf)   (.html)   ...    EXTENDED LEGAL DISCUSSION OF THIS ODD CASE.

   September 10, 2015     EXCUSE OUR DUST ... PERMERICA IS BECOMING MORE SMARTPHONE FRIENDLY   ...   The decision area above was recently reconfigured to fit most smartphones. The top menu will return soon. Thanks

   September 10, 2015  ...  MSPB:  Sawyer v. Air Force  ...   WHEN WILL THESE ABUSIVE SECURITY CLEARANCE CASES END ?   ...   The agency removed the appellant from his GS-1102-07 Contract Specialist position, effective January 14, 2012, based on the final revocation of his security clearance and eligibility for assignment to a sensitive position.     The appellant filed an appeal with the Board regarding his removal.     He asserted that: (1) his position did not require a security clearance or eligibility for assignment to sensitive duties; (2) the agency was required to reassign him to a nonsensitive position, rather than remove him; and (3) the agency failed to afford him an opportunity to reply to its proposal notice, which constituted harmful error and a due process violation. .  ...   MSPB DECISION:   (.pdf)   (.html)

   September 2, 2015  ...  D.C. Circuit:  Shelby County, Alabama  v. Loretta E. Lynch  ...   NOW THEY SEEK ATTORNEY FEES TO FURTHER THEIR RACIST WAYS.  ...   Shelby County, Alabama, prevailed in a challenge to the constitutionality of section 4 of the Voting Rights Act of 1965 (VRA) and now seeks attorneys’ fees from the Government under the Act’s fee-shifting provision. The district court found that Shelby County was not entitled to receive fees because its victory did not advance any of the goals Congress meant to promote by making fees available.        In the aftermath of the Civil War, the Nation ratified the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution in an effort to stamp out the race-based forms of legal oppression that the states had imposed throughout the first century of the Republic. These amendments worked a profound change by sweeping away the most appalling forms of legal subjugation that had defined the pre-Civil War era.        Black Americans now held the sovereign franchise and were entitled to equal treatment under the law.        But racial prejudice is not only insidious, it is resilient. The serpent of state- sponsored racism remained in the garden and “the blight of racial discrimination” simply switched its focus to a new battleground and “infected the electoral process” that black citizens had only begun to enter.       Almost as soon as Reconstruction ended, a number of states adopted a variety of devices to suppress the newly established franchise of black citizens. Id. at 310. Literacy tests, grandfather clauses, poll taxes, and property qualifications prevented black Americans from voting at all.   ...   COURT DECISION:   (.pdf)   (.html)

   September 1, 2015  ...  MSPB:  Ferris v. Navy  ...   REMOVAL WAS NOT A REASONABLE ?     NO NEXUS BETWEEN THE CHARGED MISCONDUCT AND THE EFFICIENCY OF THE SERVICE.   ...   The agency removed the appellant from his position as a GS-7 Supervisory Police Officer based on two specifications of Conduct Unbecoming a Supervisor.      The agency alleged that the results of an investigation revealed that, on two occasions, the appellant made inappropriate comments to a female Master-at-Arms.      In effecting the appellant’s removal, the agency considered his suspension for 14 days during the previous year based on three incidents of Conduct Unbecoming a Supervisor.      On appeal, the appellant denied making the remarks attributed to him, and argued that there was no nexus between the charged misconduct and the efficiency of the service and that removal was not a reasonable penalty.  ...   MSPB DECISION:   (.pdf)   (.html)