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YOURS TRULY, JOHNNY DOLLAR
The Desalles Matter - Part 1
2 mb

NEW BOOK
"Zora And Langston"




YOURS TRULY, JOHNNY DOLLAR
The Desalles Matter - Part 2
2 mb

♦       Road Trip With 'Zora And Langston'   In This Real-Life Literary Adventure.   by Yuval Taylor   A book review by Maureen Corrigan   FRESH AIR
… One of the most joyous, true life, "on-the-road" adventures in literary history took place in the summer of 1927.   It began in Mobile, Ala., when a young Langston Hughes, who was traveling in the South, stepped off the train from New Orleans and ran smack into Zora Neale Hurston.   npr.org

♦       DEAL:  Samsung EVO Select MicroSD Cards:   64GB=$10, 128GB=$20, 256GB=$40.  Free Shipping on $25+ orders at Amazon    HURRY

♦       Mar 20, 2019 .. DOI OIG:  Harvard Study on Sugary Drinks and Early Death May Spell the End of Soda:    The paper used data on over 100,000 men and women over roughly 30 years to show that men who drank at least two sodas a day had a 29 percent higher risk of death compared to people who drank less than one soda a month. Women who drank at least two sodas a day had a 63 percent higher risk of death.  inverse.com

♦       Mar 20, 2019 .. D.D.C. :  Cooper v. Nielsen ..  Plaintiff is an African American woman who worked for FEMA as a GS-7 legal secretary.   Working full-time, plaintiff provided administrative support to various attorneys from October 22, 2011 until she was terminated.    Plaintiff filed this action alleging race discrimination, retaliation, hostile work environment, harassment and wrongful termination.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 20, 2019 .. 6th Cir.:  Liogghio v. Salem ..  Carol Liogghio claims that the Salem Township Supervisor, Gary Whittaker, forced her to quit her job because of her political activity. The district court found that Liogghio had raised material disputes of fact and thus denied Whittaker qualified immunity.   In 2001, Salem Township hired Liogghio to work as an administrative assistant to the Township Supervisor. Her responsibilities included answering questions at the front counter and other clerical duties. In August 2012, the incumbent Township Supervisor, Robert Heyl, ran for re-election; Liogghio ran for Township Clerk as his running mate. They lost, and Heyl’s competitor, Gary Whittaker, was elected the new Supervisor.   Heyl later met with Whittaker to discuss the transition. At this meeting, Whittaker apparently asked Heyl to fire Liogghio from her position as administrative assistant. Heyl refused. Some time later, Whittaker told a resident of the Township that he did not plan to fire Liogghio, but that he would “force her to quit.”  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 19, 2019 .. 6th Cir.:  Bogart v. UK ..  Adam Bogart, a former lab technician at the University of Kentucky (UK), claims that UK violated his Whistleblower Act and Civil Rights Act when it terminated him.  According to Bogart, he was fired for telling his supervisor that statistical data she purchased from an outside company was seriously flawed. Bogart also alleges UK fired him because he has Tourette syndrome.  ..  DECISION:   (pdf)   (html)

♦       Mar 19, 2019 .. 4th Cir.:  Spencer v. VSU ..  Dr. Zoe Spencer, a sociology professor at Virginia State University (VSU), sued the VSU under the Equal Pay Act and Title VII for paying her less than two male professors, allegedly because she is a woman.   Spencer earned about $70,000 per year—a median salary when compared to the men who were also full professors in Sociology, Social Work, and Criminal Justice.   But Spencer’s lawsuit proposes comparing her pay to that of two former VSU administrators, Drs. Michael Shackleford and Cortez Dial, who each earned over $100,000 per year as professors in other departments.   While Spencer asserts that the difference in pay was due to her sex, VSU provides a different explanation.  ..  DECISION:  (pdf)   (html)

♦       Mar 19, 2019 .. D.D.C.:  Krukas v. Aarp ..  The plaintiff challenges AARP’s role in soliciting, marketing, and administering Medigap policies, a state-regulated form of health insurance to supplement Medicare.   Since at least 1997, AARP has held, in its name, group Medigap policies underwritten by UnitedHealth Group [...] and offered participation in those group policies to individual AARP members and the general public.   The plaintiff alleges that AARP’s administration and provision of other services in support of these group Medigap policies amounted to acting as an unlicensed insurance agent, that the “royalties” paid to AARP as a percentage of premiums constituted illegal commissions, and that AARP materially misrepresented the nature and source of the “royalties,” causing consumers to pay more for AARP Medigap policies than they otherwise would. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 19, 2019 .. DOI OIG:  Former Social Security Administration Employee Admits Stealing Thousands of Dollars in Benefits intended for the elderly and the disabled:    Nam-Phong Hung Le pleaded guilty to two felony charges.  Justice.gov

♦       Mar 18, 2019 .. 7th Cir.:  Gaylor v. Mnuchin (Treasury) ..  Since the Founders crafted the Religion Clauses of the First Amendment, courts have grappled with the “play in the joints” between them.   This case calls us to do so once more. Freedom From Religion Foundation (“FFRF”) claims that a longstanding tax code exemption for religious housing, 26 U.S.C. § 107(2) of the Internal Revenue Code, violates the Establishment Clause.   The district court agreed.   The U.S. Treasury Department and several intervening religious organizations ask us to reinstate the exemption, asserting that the survival of many congregations hangs in the balance.   We must decide whether excluding housing allowances from ministers’ taxable income is a law “respecting an establishment of religion” in violation of the First Amendment.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 18, 2019 .. D.D.C.:  Piper v. NRPC (Amtrack) ..  Plaintiff Karen Klotzbach-Piper brought this suit against Defendant the National Railroad Passenger Corporation (“Amtrak”) on July 20, 2018, claiming that she was discriminated against on the basis of her gender, age, and disability while working at Amtrak between 2014 and 2018.    Amtrak now moves to dismiss five of the ten claims Klotzbach-Piper brings in her complaint. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 18, 2019 .. IL App:  People (Holloway) v. Oakridge ..  On February 7, 2011, Jane Holloway, an employee of Oakridge Convalescent Home (Convalescent), filed a charge of discrimination against [Oakridge Healthcare].   Holloway obtained an administrative judgment of $30,880.   When Oakridge Center failed to satisfy the judgment, the State filed a complaint against Oakridge Healthcare, as the successor of Oakridge Center, to enforce compliance with Holloway’s judgment.   Oakridge Healthcare filed a motion for summary judgment, which the circuit court granted.   The State appeals and argues that it presented sufficient evidence to create a material issue of fact that Oakridge Center transferred its assets for the fraudulent purpose of escaping Holloway’s judgment.   Furthermore, the State urges this court to look to federal common law, where successor liability is recognized as the default rule in employment discrimination cases.   The State maintains that recognition of successor liability in employment discrimination cases aids victims to enforce judgments against employers involved in discriminatory practices who might otherwise escape liability.    Reversed and Remanded. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 15, 2019 .. D.D.C.:  Ham v.  Ayers ..  Donald Kay Ham worked for the Architect of the Capitol as a sheet metal mechanic from 1991 to 2015.   Mr. Ham now sues his former employer, alleging that he suffered a hostile work environment in violation of the [ADA].  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 15, 2019 .. OPM:  Emergency Leave Transfer:  For Federal Employees Adversely Affected By The November 2018 California Wildfires.

♦       Mar 15, 2019 .. NY Slip Op:  Zervos v. Trump ..  SHE SAID: "Trump Sexually Ravaged Me" ... TRUMP: "While I'm President -- You Can't Touch This." ..  Defendant, Donald J. Trump, appeals from an order of the Supreme Court, New York County (Jennifer G. Schecter, J.), entered March 21, 2018, which denied his motion to dismiss the defamation complaint or in the alternative to stay the action, and denied his special motion to strike the complaint under California's anti-SLAAP statute.    This case raises a constitutional issue of first impression: whether the Supremacy Clause of the United States Constitution requires a state court to defer litigation of a defamation action against a sitting President until his terms end.    Factual and Procedural Background    This defamation lawsuit was commenced by Summer Zervos, a former contestant on the "Apprentice," a reality show starring defendant Donald Trump. Plaintiff alleges that in 2016, when defendant was a Presidential candidate, he wrongly smeared her by claiming that her allegations of sexual misconduct against him were lies.    Specifically, on October 14, 2016, plaintiff held a press conference to recount two separate incidents in which defendant had made unwanted sexual advances towards her. The first incident allegedly occurred when she met with defendant at his New York office in 2007, where he kissed her on the lips upon her arrival, and after stating that he would love to have her work for him, kissed her on the lips again as she was about to leave. The kisses made her feel "very nervous and embarrassed" and "upset."    The second encounter occurred soon thereafter. Ms. Zervos went to meet defendant for dinner at a restaurant in the Beverly Hills Hotel. Instead, she was escorted to his bungalow, where he kissed her "open mouthed," "grabbed her shoulder, again kissing her very aggressively, and placed his hand on her breast." After she pulled back and walked away, defendant took her hand, led her into the bedroom, and when she walked out, turned her around and suggested that they "lay down and watch some telly telly." ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 14, 2019 .. D.D.C.:  King  v.  Kate Spade ..  King, hired as a “sales muse” by Kate Spade, alleges that in December 2017 she informed her supervisor of her nascent pregnancy.   Within two weeks, the company ceased scheduling her for regular shifts and deprived her of other work privileges and incentives.    She ultimately filed a Charge of Discrimination on October 24, 2018.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 13, 2019 .. DOI OIG:  Alleged Favoritism And Misconduct By BIA Supervisor:   The OIG investigated anonymous complaints that a Bureau of Indian Affairs (BIA) supervisor showed favoritism toward employees with whom she had personal relationships and allegedly made unwelcome and offensive comments of a sexual nature in the workplace. The complainant also alleged that the supervisor falsified time and attendance records.:  DoiOig.gov

♦       Mar 13, 2019 .. 3rd Cir.:  Komis v. OSHA ..  Komis filed more than sixty EEO complaints while employed by OSHA.   Allegedly in retaliation for those and other EEO complaints filed a decade earlier, Komis contends her employer created a hostile work environment.   [...]   The disciplinary actions at issue include a written reprimand, suspension, denial of access to training opportunities, and removal from a particular assignment.   We observe that all the hostile acts Komis alleges appear to be discrete personnel actions [...].   In August 2008, Komis was issued a notice of proposed removal. ..  DECISION:  (pdf)   (html)

♦       Mar 13, 2019 .. 7th Cir.:  Cotton v. MATC ..  Rhonda Cotton, an African-American employee at the Milwaukee Area Technical College, applied for several promotions. When the College did not select her, she sued for race discrimination and retaliation.   The College hired Cotton as a part-time instructor in 2001. (As of 2014 she is also a full-time, limited-term educational assistant.) After 12 years in that role, she applied for full-time positions including student service specialist, educational assistant, instructor, and office technology instructor, but she was not selected for these jobs. Rather, the College hired other candidates, changed the qualifications for the positions for which she applied, or eliminated the positions entirely. Cotton maintains that she was the best candidate for the positions based on the information she gathered from publicly available finance, personnel, and operations records and from her familiarity with her coworkers, though she acknowledges that she does not know all of the other candidates’ qualifications.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 12, 2019 .. D.D.C.:  Workagegnehu v. WMATA ..  Plaintiff Teshome Workagagnehu brought this action against defendants Washington Metropolitan Area Transit Authority (“WMATA”), Paul J. Wiedefeld in his official capacity as General Manager of WMATA, and Martin Van Buren, a former employee of WMATA [...] asserting claims of assault and battery (Count I) and intentional infliction of emotional distress (Count II).   Plaintiff seeks “damages in an amount equal to all of his accumulated lost wages and benefits, including back pay, front pay and benefits; and compensatory damages for the physical injury and emotional harm caused by WMATA et al. in an amount not less than $500,000,” as well as attorneys’ fees and costs.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 12, 2019 .. 2d Cir.:  Noel v. Wal-Mart ..  Noel was formerly employed by Defendant-Appellee Wal-Mart Stores (“Walmart”) as a pharmacist manager.   In April 2016, Walmart announced that, beginning on April 16, 2016, all new pharmacy employees would be required to be certified to administer immunizations and all incumbents would be required to be so certified by October 16, 2016.   Noel, who suffers from trypanophobia (or needle phobia), sought an “exemption from this alteration of his job description. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 12, 2019 .. D.D.C.:  Lawrence v. Newsham ..  Plaintiff has brought this action against defendants District of Columbia and Chief of Police Peter Newsham, alleging that the District, acting through the Metropolitan Police Department (“MPD”), exceeded the statutory 90-day time limit to commence an adverse action to terminate him.   Plaintiff also alleges that the MPD discriminated against him on the basis of race.   Plaintiff was formerly employed as an officer with the MPD.   On November 25, 2013, he was arrested in Maryland in connection with a domestic dispute with his wife.   After plaintiff’s arrest, MPD placed him on “non-contact status.”   He was indicted in Maryland state court on December 19, 2013 for attempted first-degree murder, attempted second-degree murder, first-degree assault, second-degree assault, and two counts of carrying a weapon with intent to injure.   On May 7, 2015, the jury found him not guilty on all charges in the indictment.   MPD terminated Plaintiff from the MPD in August 2016.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 11, 2019 .. ASC:  Reynolds-Rogers  v. DHSS ..  A former employee of the Department of Health and Social Services (DHSS) brought a wrongful discharge suit against the State.   At the time of her termination she had four union grievances pending against DHSS, and her union filed another based on the termination. The union settled all five grievances in exchange for a payment to the employee.   She later sued DHSS for wrongful termination, alleging both [...] retaliatory discharge and failure to accommodate her disabilities. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 11, 2019 .. Fed. Cir.:  Hairston v. DVA ..  Mr. Hairston was hired as a housekeeping aid at the Martinsburg VA Medical Center in West Virginia (“VA”) in December 2015.   Mr. Hairston appeals the final decision of the Merit Systems Protection Board sustaining his removal from employment with VA based on a Charge Of Conduct Unbecoming Of A Federal Employee.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 11, 2019 .. FLRA:  IUPEDJ v. PBGC ..  The General Counsel (GC) issued two complaints alleging that the Union violated § 7116(b)(1) and (5) of the Federal Service Labor-Management Relations Statute (Statute)[2] when it refused to accept the terms of the parties’ collective-bargaining agreement for the selection of arbitrators, the payment of arbitrators, and the arbitration procedures and, thereby, failed to continue existing personnel policies, practices, and matters to the maximum extent possible.   [The Union motions the Authority to reconsider the GC's conclusion.]  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Mar 8, 2019 .. 7th Cir.:  Sansone v. Brennan ..  Tony Sansone, who is confined to a wheelchair, needs a parking place with room to deploy his van’s wheelchair ramp. For years, the Postal Service, his employer, provided him one.   But in 2011, it took that spot away and failed to provide him with a suitable replacement. Sansone then retired and sued the Service under the Rehabilitation Act for failing to accommodate his disability.   A jury returned a verdict in his favor and Sansone recovered compensatory damages, as well as back and front pay.   The Postal Service [appeals].  ..  COURT DECISION:   (.pdf)   (.html)

       Mar 8, 2019 .. 5th Cir.:  Judon v. EP Energy ..  La Tonya Judon sued EP Energy for retaliation under the Family and Medical Leave Act (the “FMLA”) and for hostile work environment.   The district court granted summary judgment for EP Energy and Judon appeals. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 7, 2019 .. US GAO:  VA PROCUREMENT AND SECURITY CLEARANCE PROCESSING LAND ON GAO’S HIGH-RISK LIST:   The Veterans Affairs Department suffers from “fundamental management weaknesses and is one of the most challenged in the federal government,” Comptroller General Gene Dodaro told a Senate panel on Wednesday.    Leadership instability, high-level vacancies and a lack of accountability are all problems at the sprawling, decentralized VA, which appears three times on the newly released biennial list of high-risk programs compiled by GAO.:  govexec.com

♦       Mar 7, 2019 .. 2d Cir.:  Fox v. Costco ..  Plaintiff-Appellant Christopher Fox (“Fox”) has worked at Costco for 21 years. He has suffered from Tourette’s Syndrome (“Tourette’s”) and Obsessive-Compulsive Disorder (“OCD”) since birth.    Fox brought claims against Costco under the Americans with Disabilities Act (“ADA”) alleging hostile work environment, disparate treatment, failure to accommodate, and retaliation.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 7, 2019 .. 2d Cir.:  Connolly v. Equity ..  Plaintiff-appellant Brendan Connolly appeals from a judgment entered July 24, 2018, dismissing his claim of constructive discharge brought under the Family and Medical Leave Act.   On appeal, Connolly argues that the district court erred in concluding that he failed to plead a plausible constructive discharge claim precipitated by the decision of defendants-appellees to reduce his annual bonus after Connolly used extended paid leave to cope with the death of his wife and unborn child. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 7, 2019 .. 4th Cir.:  Hately v. Watts ..  Patrick Hately, a former student at Blue Ridge Community College, continued to use his student email account after he graduated in 2013.   Patrick Hately brought this action alleging that David Watts unlawfully accessed messages in Hately’s web-based email account in violation of the Virginia Computer Crimes Act and the federal Stored Communications Act.   But the district court found (1) that Hately failed to demonstrate the requisite statutory injury under state law, and (2) that Hately’s previously opened and delivered emails stored by a web-based email service were not in statutorily protected “electronic storage” under federal law. ..  COURT DECISION:  "We Disagree With Both Determinations"   (pdf)   (html)

♦       Mar 6, 2019 .. DOJ OIG:  FWS MANAGER VIOLATED FEDERAL REGULATIONS AND FWS POLICIES:   We found that an FWS manager violated Federal regulations and FWS policies related to an indecent exposure incident and the refuge’s Friends organization.:  DoiOig.gov

♦       Mar 6, 2019 .. DOJ OIG:  UNFOUNDED ALLEGATIONS OF IMPROPER LEADERSHIP DECISIONS AND HOSTILE WORK ENVIRONMENT:    The OIG investigated complaints that Grand Canyon National Park (GRCA) Superintendent Christine Lehnertz, proposed a disciplinary action against a GRCA senior official for an improper purpose; created a hostile work environment; and engaged in bullying and retaliatory behavior against senior leaders, particularly male leaders, at the GRCA. The complainant also alleged that Lehnertz authorized unnecessary renovations:  DoiOig.gov

♦       Mar 5, 2019 .. NEWS:  FLRA PLAN TO REVIEW ARBITRATION STANDARDS ALARMS UNIONS   the Federal Labor Relations Authority announced last week that it would review how it determines whether to award attorneys’ fees in some cases, renewing fears of politicization of the body.   FederalTimes

♦       Mar 5, 2019 .. ADNSC:  Mejia v. T.N.888  ..  Plaintiff's supervisor's stray remark about her age did not raise any triable issue of a hostile work environment. Plaintiff could not recall with any specificity the times that she was referred to as a "drug dealer" or criminal, based on her nationality, nor was she able to raise any triable issue as to whether Greek waiters were given preferential treatment over Hispanic waiters.   COURT DECISION:   (.pdf)   (.html)

♦       Mar 4, 2019 .. 10th Cir.:  Davis v. BAE ..  Andrew Davis sued his former employer, BAE Systems Technology Solutions & Services Inc., claiming BAE’s refusal to rehire him was in retaliation for reporting sexual harassment. ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 4, 2019 .. NEWS:  MSPB'S LAST BOARD MEMBER JUST LEFT THE ROOM.    Who Will Handle Federal Employee Appeals Now?  ..  The end of Mark Robbins term as a member of the Merit systems Protection Board marks an unprecedented lack of leadership at the agency.    March 1 marks the first day in the entire history of the Merit Systems Protection Board that none of the three member positions will be filled, a situation that could have significant repercussions for federal employee watchdogs and the disciplinary appeals process.  ..     FederalTimes

♦       Mar 4, 2019 .. Fed. Cir.:  Sharpe  v. DOJ ..  CONCLUSION FROM THE FEDERAL CIRCUIT:    "Because we hold that the MSPB abused its discretion by excluding the Tomaski email and SAIC Sherman’s testimony, we vacate the MSPB’s decision and remand for further proceedings. In light of the remand, we need not reach Mr. Sharpe’s other evidentiary arguments on this appeal; the MSPB should consider all the evidence in reevaluating the USERRA claim once it conducts appropriate proceed- ings in light of our ruling today."    VACATED AND REMANDED ..  COURT DECISION:   (.pdf)   (.html)

♦       Mar 4, 2019 .. Fed. Cir.:  Hornseth v. Navy ..  Hornseth was an employee of a secure Navy facility that houses nuclear powered vessels. His position requires a security clearance.   The Navy learned that Hornseth had used marijuana during his employment.   On December 12, 2016, Hornseth received a letter informing him of intentions to suspend his access to classified information and his assignment to a sensitive position.   Three days later, Hornseth was notified that his security clearance was suspended and was issued a proposed indefinite suspension.   Hornseth petitions for review of the final decision of [MSPB] affirming his indefinite suspension without pay. ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 28, 2019 .. 9th Cir.:  Wadler v. Bio-Rad ..  In this whistleblower retaliation case, Bio-Rad Laboratories, Inc. (“Bio-Rad” or “the Company”) and its CEO, Norman Schwartz, appeal an $11 million jury verdict in favor of Bio-Rad’s former general counsel, Sanford Wadler.   The jury found that Defendants violated the Sarbanes-Oxley Act (“SOX”), the Dodd-Frank Act, and California public policy by terminating Wadler’s employment in retaliation for his internal report that he believed the Company had engaged in serious and prolonged violations of the Foreign Corrupt Practices Act (“FCPA”) in China.   On appeal, Defendants argue that the district court erred.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 28, 2019 .. MCA:  Chema v. MCS ..  CONSTRUCTIVE DISCHARGE ? ..  Defendant was a small medical practice and plaintiff worked in its billing department since 1991.   By all accounts, plaintiff was an extremely competent employee and valued by defendant. Plaintiff acknowledged that she enjoyed a generous salary and many fringe benefits.   Plaintiff testified that everything changed in June 2014 when defendant hired Stacey Wilson to be the office manager.   Over the span of just a few days, plaintiff received a negative performance review, was issued numerous warnings, and was threatened with termination if another warning occurred.   Wilson told plaintiff that “it’s better if you retire now than get fired.”   Plaintiff resigned immediately following the meeting with Wilson.   Wilson told plaintiff “now I can hire people that are younger and cheaper than you.”  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 27, 2019 .. FLRA:  SSA v. NTEU ..  The grievant is an SSA attorney-advisor who handles disability benefits appeals. For the 2015 fiscal year, the grievant disagreed with her successful rating and believed that her performance warranted an outstanding rating.    The Union filed a grievance alleging that the Agency failed to provide a fair appraisal in accordance with the Agency’s policy.    Arbitrator John Paul Simpkins determined that the Agency failed to give proper consideration to the contributions described in the grievant’s self-assessment.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Feb 27, 2019 .. 6th Cir.:  Jenkins v. UM ..  Plaintiff, an African- America woman, worked for The Regents of the University of Michigan Health System (“U-M”) for ten years before being terminated for time-card fraud. Jenkins successfully challenged her termination through U-M’s grievance process, and U-M converted her termination into a two-week disciplinary layoff.    As a condition of reinstating the Plaintiff's employment, U-M placed her on a stringent performance plan.    When Plaintiff’s department underwent reorganization, U-M informed her that she was ineligible for promotion because she had failed to adhere to the performance plan.    Plaintiff sued.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 27, 2019 .. 8th Cir.:  Voss v. Housing ..  Appellant resigned from his position as maintenance supervisor at the Housing Authority of the City of Magnolia, Arkansas (“Housing Authority”) and soon after filed a lawsuit against the Housing Authority and his direct supervisor, Richard Wyse, asserting various discrimination, retaliation, and constitutional claims.    Appellant appeals the district court’s1 order granting summary judgment in favor of the Housing Authority and Wyse. ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 26, 2019 .. FLRA:  ARMY v. NFFE ..  FLRA:  WE SET ASIDE AN IMPLAUSIBLE CONTRACT INTERPRETATION. ..  In order to fill several vacancies, ARMY requested and received a certificate that listed the best-qualified candidates for the vacant positions (referral certificate). Thereafter, ARMY convened an interview panel to evaluate the candidates on the referral certificate.    NFFE filed a grievance, alleging that the interview panel violated [the parties’ agreement] which requires, in relevant part, that “[a]ll rating[-]panel members must be in, or have served in, positions that are in the same series or family of trades which they are evaluating [...]”    It is undisputed that only one of the four interview panelists satisfied those requirements.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Feb 25, 2019 .. 4th Cir.:  Rangarajan v. Hopkins ..  Mitra Rangarajan, who claims that she was constructively discharged as a nurse practitioner at the School of Medicine of Johns Hopkins University — whether because of discrimination and retaliation, as she contends, or because of her performance, as Johns Hopkins contends — commenced four separate actions against the University.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 25, 2019 .. D.D.C.:  Vance v. O'Rourke ..  This matter comes before the court on a single-count complaint, which alleges a hostile work environment on the basis of race.    Plaintiff Reginald Vance is an African American male employed by [Veterans Affairs] (“VA”).    From July 2013 to January 9, 2017, Plaintiff held the position of Supervisory Program Supervisor in the VA’s Veteran Affairs Learning University (“VALU”).  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 25, 2019 .. D.D.C.:  Payne v. DYRS ..  Plaintiff’s Complaint for age discrimination pursuant to the Age Discrimination in Employment Act of 1967 (“ADEA”); gender discrimination pursuant to the Civil Rights Act of 1964; and sexual orientation discrimination.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 22, 2019 .. Fed. Cir.:  Capitol Police v. OOC ..  Christopher Donaldson, a former officer with the Police, was involved in an off-duty domestic incident. The Police’s Office of Professional Responsibility investigated the incident and ultimately recommended that he be terminated.    The Disciplinary Review Board then heard the matter and, although it agreed that Officer Donaldson should be punished, it recommended only a forty-five day unpaid suspension.    The Chief of Police reviewed the evidence and recommendations and decided to terminate Officer Donaldson.    The Chief of Police then refused to engage in arbitration of the resulting grievance. ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 22, 2019 .. FLRA:  NFFE v. ARMY ..  This matter is before the Authority on exceptions to an award of Arbitrator Richard B. Danehy filed by NFFE under § 7122(a) and part 2425 of the Authority’s Regulations.    NFFE argues that the award is: contrary to law or government-wide regulation; contrary to an agency-wide regulation; incomplete, ambiguous, or contradictory as to make its implementation impossible; and deficient.  ..  FLRA DECISION:  (pdf)   (html)

♦       Feb 22, 2019 .. 7th Cir.:  Gates v. BOE ..  Plaintiff Fred Gates testified that his direct supervisor, Rafael Rivera, addressed him with the N-word twice, and once threatened to write up his “black ass.”    The district court granted the employer’s motion for summary judgment on Gates’s claim for a racially hostile work environment under the Civil Rights Act of 1964.    COURT DECISION:  The district court’s grant of summary judgment on Gates’s hostile work environment claim is REVERSED and the case is REMANDED for further proceedings [...] .    (.pdf)   (.html)

♦       Feb 21, 2019 .. SCOTUS:  Timbs v. Indiana ..  SUPREME COURT SAYS CONSTITUTIONAL PROTECTION AGAINST EXCESSIVE FINES APPLIES TO STATES.  ..  POLICE STOLE HIS $42,000 VEHICLE.  ..  Justice Clarence Thomas wrote in a recent opinion that civil forfeitures have “become widespread and highly profitable.” “This system — where police can seize property with limited judicial oversight and retain it for their own use — has led to egregious and well-chronicled abuses,”  ..  SUPREME COURT DECISION (timbs_v._indiana):   (.pdf)   (.html)     WashingtonPost

♦       Feb 21, 2019 .. 5th Cir.:  Wallace v. Tesoro ..  Kevin Wallace worked for Tesoro Corporation AS A VICE President of Pricing and Commercial Analysis.    Wallace brings his claim under the anti-retaliation provision of the Sarbanes-Oxley Act (“SOX”).    While Wallace was investigating internal comparative profitability and accounting for taxes, the Tesoro human resources department began investigating Wallace. It found a pattern of unacceptable behavior, including favoritism and fostering a hostile work environment.    Tesoro terminated Wallace and asserts it was for his poor performance. Wallace claims he was terminated in retaliation for reporting Tesoro’s practice of booking sales taxes as revenues.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 20, 2019 .. DOJ OIG:  Findings of Misconduct by a U.S. Marshal and Chief Deputy U.S. Marshal for Harassing and Making Retaliatory Statements About a Supervisory Deputy U.S. Marshal, Retaliating Against Another Deputy U.S. Marshal for Filing a Grievance, and Lack of Candor:  Justice.gov

♦       Feb 20, 2019 .. 4th Cir.:  Hannah P v. Daniel Coats ..  Appellant Hannah (“Hannah”), a former employee of the Office of the Director of National Intelligence (“Appellee”), asserts that Appellee discriminated against her pursuant to the “Rehabilitation Act” and violated the "Family and Medical Leave Act" by not hiring her for a permanent position.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 19, 2019 .. NEWS:  TERMINATION DAY:   Management & Employee.   Both Sides Knew It Was The Other's Last Day.  ..  Authorities in the Chicago suburb (Aurora, Il) said Martin was called into a meeting at the Henry Pratt Co. warehouse.   After he was told he was being fired, he began shooting, killing the three employees who were at the meeting and two others who were nearby.  ..  WashingtonPost    PERMERICA EXTRA:  No one knows exactly what transpired during the meeting.   Everyone in the meeting (hr director, hr intern, plant manager) ... killed by the shooter.   Police killed shooter.

♦       Feb 19, 2019 .. FLRA:  Homeland v. AFGE ..  The border patrol agents (agents) involved in this case conduct inspections of vehicles and occupants traveling through a border-security checkpoint.   The Agency became aware that some of the agents “were failing very badly” at intercepting fraudulent and imposter vehicles and documents.   [Homeland issued a memorandum to fix the problem.  AFGE filed a grievance.]  ..  FLRA DECISION:    (.pdf)   (.html)

♦       Feb 19, 2019 .. 3rd Cir.:  McKinney v. Pitt ..  Jerome McKinney, a longtime, tenured professor at the University of Pittsburgh’s Graduate School of Public and International Affairs, challenges the University’s decision to reduce his salary as a violation of the Due Process Clause.   The District Court agreed, granting summary judgment for McKinney.   the University of Pittsburgh appealed The District Court decision.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 15, 2019 .. FLRA:  FAA v. NATCA ..  FAA and Union both filed petitions to clarify the bargaining-unit status of fifty-five positions in FAA’s headquarters office and nine regional offices.   As relevant here, FAA contends that four employees in three administrative positions are confidential employees and should be excluded from the bargaining unit under §§ 7103(a)(13) and 7112(b)(2) of the Statute.  ..  FLRA DECISION:  (pdf)   (html)

♦       Feb 15, 2019 .. State OIG:   OIG found that many of the State Department’s Schedule B appointments to fill scientific, professional, and technical positions did not comply with Department policy and OPM regulations. Several individuals lacked special qualifications in foreign policy matters, and, of the appointments reviewed, almost a fifth were appointments to positions that are inherently policy-determining or confidential.  StateOig.gov

♦       Feb 14, 2019 .. Fed. Cir.:  Cerwonka v. DVA ..  Eric R. Cerwonka seeks review of the [MSPB] decision affirming the Department of Veterans Affairs decision to remove him from his position as a clinical psychologist at the Alexandria, Louisiana VA Medical Center.  ..  DECISION:  (pdf)   (html)

♦        Feb 14, 2019 .. Fed. Cir.:  Ryan v. Defense ..  James Ryan appeals from a decision of the Merit Sys- tems Protection Board (“the Board”) sustaining three charges against Ryan for lack of candor, conduct unbecoming a police officer, and unauthorized use of a computer, and removing him from service as a police officer in the Pentagon Force Protection Agency (“PFPA”).  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 14, 2019 .. D.D.C.:  Haynes v. Library of Congress ..  Mr. Haynes worked for the Library for nine years before the Library fired him in 2001 for performance issues.   In 2017, Mr. Haynes re-applied for a Library position as a reference librarian, specializing in music.   The Library did not hire him.   Alleging discrimination and retaliation, Mr. Haynes filed an informal complaint and then a formal complaint with the Library’s Equal Employment Opportunity (“EEO”) Office.   Mr. Haynes, proceeding pro se, now seeks relief in federal court, alleging that the Library refused to hire him as a “reprisal for [his] prior complaint and to discriminate against [his] disability.”  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 13, 2019 .. FLRA:  SATCO v. AirForce ..  Previously, Federal Labor Relations Authority (FLRA) Administrative Law Judge Charles R. Center (the Judge) found that the Union violated § 7116(b)(5) of the Statute[3] by refusing to recognize the Agency’s duly authorized representatives during negotiations over a new collective-bargaining agreement.   The Union filed exceptions to the Judge’s decision.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Feb 13, 2019 .. N.M.C.C.A. :  U.S. v. Washington ..  HE SAID - HE SAID : MARINES SEX ASSAULT CASE. ..  The appellant, met Sgt W on the gay website.   Sgt W invited the appellant to his barracks room.   The appellant came to Sgt W’s barracks room around 10:30 pm. According to Sgt W, he then fell asleep.   The next morning, Sgt W text'd the appellant and confirmed they had sex on “Monday night,” ..  COURT DECISION:   caution explicit sex   (.pdf)   (.html)

♦       Feb 12, 2019 .. FLRA:  DVA v. AFGE ..  This matter is before the Authority on exceptions to an award of Arbitrator Charles J. Murphy filed by the Agency under § 7122(a) of the Federal Service Labor-Management Relations Statute and part 2425 of the Authority’s Regulations. ..  FLRA DECISION:  (pdf)   (html)

♦       Feb 12, 2019 .. 10th Cir.:  Franken v. Zinke ..  Plaintiff Kevin Franken claims that the [Department of the Interior] and a supervisor violated his rights when, at the end of his employment, they prevented him from accessing all of the personal electronic files he had saved on his government work computer and did not give him the “symbolic wooden arrow” that is customarily given to departing long-term employees. ..  DECISION:   (.pdf)   (.html)

♦       Feb 11, 2019 .. Fed. Cir.:  Redmond v. DVA ..  John Paul Redmond appeals the decision of the Merit Systems Protection Board denying him relief under the Whistleblower Protection Act from personnel actions taken against him by the VA Northport, Ny Medical Center.    Mr. Redmond was employed by the VA as a contract specialist between October 2013 and September 2017, when he resigned.    The central dispute on appeal concerns Mr. Redmond’s claim that he was unlawfully reprimanded after disclosing problems with certain contractors at the Northport VAMC.  ..  COURT DECISION:  (pdf)   (html)

♦       Feb 11, 2019 .. AMTRAK OIG:   Amtrak Foreman was disqualified from position, for one year for misuse of Amtrak computers:  Amtrakoig.gov

♦       Feb 11, 2019 .. AMTRAK OIG:  Amtrak Conductor, 2 Assist Conductors, and an Usher/Gateman were disciplined.… Read more:  Amtrakoig.gov

♦       Feb 8, 2019 .. Fed. Cir.:  Anoruo v. U.S. (VA) ..  Dr. Joseph Anoruo, an employee of the Department of Veterans Affairs (VA), brought this action against the United States in the Court of Federal Claims. He claimed that he was entitled to receive, but did not receive, student loan reimbursement payments under certain programs established by VA, namely, the Education Debt Reduction Program and the Student Loan Repayment Program.  ..  DECISION:  (pdf)   (html)

♦       Feb 8, 2019 .. NYSC:  Abe v. NYU ..  Plaintiff held part-time darkroom lab manager and photography adjunct teaching positions at Defendant New York University (NYU).    Defendant, NYU, which was facing an uncertain financial future after the 2007-2008 fiscal crisis, directed each Department to reduce expenses.    Defendants demonstrated a legitimate nondiscriminatory reason why they eliminated plaintiff's positions, citing budget cuts.    Did the Court properly dismiss plaintiff's claim because he failed to [allege that] defendants' reason for terminating him was pretextual ?  (pdf)   (html)

♦       Feb 7, 2019 .. 8th Cir.:  Jones v. Douglas ..  The complaint was a deputy sheriff for Douglas County.  She used prescription pain medication for migraine headaches and chronic neck and back pain.  After her health deteriorated, she failed a remedial qualification for the Emergency Services Unit.  Douglas County tried to remove her from that unit despite retaining a male with health issues.  She later requested accommodations [...].  The head of that unit denied her request, transferred her, and disciplined her for objecting to the transfer and requesting accommodations.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Feb 7, 2019 .. FLRA:  Passport v. NFFE ..  The grievants are passport specialists who work under a production quota. Disruptions or outages of Agency computers (downtime) can prevent passport specialists from meeting their quota.    Arbitrator Joshua M. Javits found that the Agency violated a settlement agreement by failing to timely notify employees of disruptions. The Agency filed [...] exceptions to the Arbitrator’s award.  ..  FLRA DECISION:  (pdf)   (html)

♦       Feb 6, 2019 .. DOJ OIG:  Findings of Misconduct by an FBI Supervisory Special Agent for Making False Representations, Working for an FBI Contractor, Accepting Gifts from an FBI Applicant, and Misusing a Government Vehicle and Cell Phone:  Justice.gov

♦       Feb 6, 2019 .. FLRA:  Justice (Prisons) v. AFGE ..  The grievants are correctional officers in the Agency’s prison complex. Since at least 2008, the Agency has paid employees overtime later than the regular payday for the pay period in which they actually worked the overtime hours. On April 22, 2015, the Union filed a grievance alleging that the Agency violated the FLSA[1] by untimely paying overtime. ..  FLRA DECISION:   (.pdf)   (.html)

♦       Feb 6, 2019 .. FLRA:  FOP v. Defense ..  Arbitrator James Oldham issued an award sustaining the Union’s grievance and reversing the grievant’s fourteen-day suspension.     However, in response to the Union’s statement that it sought attorney fees, the Arbitrator denied the Union attorney fees because the Union made no attempt to demonstrate a statutory entitlement to the fees before he issued the merits award.     The Union files a contrary-to-law exception claiming that the denial of attorney fees is premature.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Feb 6, 2019 .. FLRA:  VA v. AFGE ..  The Union originally filed a grievance concerning office space and access to that office space. The Arbitrator found that the Agency had violated the parties’ agreement as well as a memorandum of understanding (MOU).    In VA I, the Authority found that the awarded remedy—ordering the Agency to grant the Union vice president a personal-identity-verification (PIV) card—was contrary to law and remanded the case to the parties for submission to the Arbitrator, absent settlement, “to formulate an appropriate, alternate remedy, if any.”    In VA II, the Authority considered the Agency’s exceptions to the remedy ordered in the remand award—that the Agency allow the Union vice president to undergo the PIV-credentialing process. The Authority found that the Arbitrator’s remedy was contrary to an OPM memo dated July 31, 2008.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Feb 01, 2019 .. DOJ OIG:  Former FBI Special Agent Pleads Guilty To Embezzlement Of Government Funds:  Justice.gov
♦       Jan 30, 2019 .. DOJ OIG:  Findings of Misconduct by Two Current Senior FBI Officials and One Retired FBI Official:  Justice.gov

♦       Jan 30, 2019 .. 7th Cir.:  Cervantes v. Ardagh ..  Juan Cervantes brought this action against his employer, Ardagh Group, alleging violations of Title VII of the Civil Rights Act [...]. The complaint asserted that Ardagh had refused to promote him, had issued him performance warnings, and had demoted him because of his race and national origin and in retaliation for previous complaints about discrimination and harassment.  ..  DECISION:   (.pdf)   (.html)

♦       Jan 30, 2019 .. D.D.C.:  Jin v. Parsons ..  Plaintiff Jin O. Jin worked for Defendant Parsons Corporation for over twenty years. Parsons fired him in 2018, and he sued, alleging discrimination and retaliation in violation of the Age Discrimination in Employment Act. Parsons has moved to stay proceedings and compel arbitration. According to Parsons, Mr. Jin assented to an arbitration agreement by remaining at Parsons after being told that continued employment constituted acceptance of the agreement.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 29, 2019 .. 1st Cir.:  Roy v. Correct Care  ..  This case raises important issues about employer liability for a hostile work environment created by third parties and about non-employer liability for employment-related discrimination.    Tara Roy, the plaintiff, worked as a nurse, employed by Correct Care Solutions, LLC (CCS), at a Maine Department of Corrections (MDOC) prison.    After MDOC revoked her prison security clearance and CCS terminated her employment in October 2014, Roy sued.    She alleged that discrimination and sexual harassment by the prison's corrections officers made her work environment hostile and that she was retaliated against for complaints about the hostile work environment and for other whistleblowing.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 28, 2019 .. 3rd Cir.:  Desantis v. NJT ..  This is a civil rights action brought by Anthony DeSantis against New Jersey Transit (“NJT”) and two of its employees, Alan Wohl and Fred D’Ascoli for failing to hire DeSantis for a management position.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 28, 2019 .. 5th Cir.:  Thomas v. Tregre ..  Thomas, an African-American man, worked as a deputy in the St. John the Baptist Parish Sheriff’s Office (the “Sheriff’s Office”) from July 1, 2012, to April 7, 2015. Sheriff Michael Tregre, also an African-American man, was at all relevant times the chief law enforcement officer of the parish.    While working in the narcotics division of the Sheriff’s Office in February 2014, Thomas took part in an operation that led to the arrest of criminal suspect Darnell Randle. Thomas later informed Major Walter Chappel, then the commanding officer of the narcotics division, that blood found on the floor of the scene belonged to Randle.    Thomas also told Chappel he saw fellow officer Justin Bordelon striking Randle. Another officer, Hardy Schexnayder, also reported that he saw Bordelon strike Randle. Bordelon denied using force to intentionally injure Randle. Schexnayder and Chappel are African-American. Bordelon is Caucasian.    The internal affairs division opened an investigation into the Randle incident.  ..  DECISION:   (.pdf)   (.html)

♦       Jan 28, 2019 .. Fed. Cir.:  U.S. Capitol Police v. OOC ..  The Union filed charges with the OOC alleging that the refusal by the Police to comply with the arbitrator’s decision constituted an unfair labor practice, and the General Counsel of the OOC filed an unfair labor practice complaint with the Board. The hearing officer assigned to the complaint sustained the charge, and on review the Board agreed with the hearing officer.    Before the Board, the Police argued on the merits that the arbitrator lacked jurisdiction over the subject of employee termination. Without jurisdiction, the arbitrator’s award would be of no effect, and consequently refusal to comply with the arbitrator’s decision could not constitute an unfair labor practice.    In addition, the Police argued that the Union’s unfair labor practice charge was untimely filed, and consequently the hearing officer’s decision has no effect.  ..  DECISION:   (.pdf)   (.html)

♦       Jan 24, 2019 .. Cal. Ct. App.:  Mackey v. CalState  ..  Five African-American women on the basketball team at California State University at San Marcos (CSUSM) sued head coach Sheri Jennum and the Board of Trustees of the California State University, claiming Jennum had engaged in race-based discrimination and retaliation. They alleged she derogatorily referred to them as "the group," reduced their playing time, afforded them fewer opportunities, punished them more severely and generally singled them out for harsher treatment as compared to their non-African-American teammates.  ..  (.pdf)   (.html)

♦       Jan 24, 2019 .. 7th Cir.:  Kleber v. CareFusion ..  REVERSAL :  Age Discrimination Law Only Applies To Employees, Not Job Applicants. ..  Applicant, Dale Kleber, an attorney, applied for a senior in-house position in CareFusion’s law department. The job description required applicants to have “3 to 7 years (no more than 7 years) of relevant legal experience.”    Kleber was 58 at the time he applied and had more than seven years of pertinent experience. CareFusion passed over Kleber and instead hired a 29-year-old applicant who met [...] the prescribed experience requirement.    Kleber responded by bringing this action and pursuing claims for both disparate treatment and disparate impact.  ..  COURT DECISION:   (.pdf)   (.html)
REUTERS NEWS ARTICLE: - A divided U.S. appeals court on Wednesday (Jan 23) dealt a setback to older job applicants, saying they cannot invoke a federal law against age bias in employment to challenge hiring policies they believe have a discriminatory impact.      In an 8-4 decision, the 7th U.S. Circuit Court of Appeals in Chicago said the “plain language” of the Age Discrimination in Employment Act (“ADEA”), which forbids discrimination against people 40 and older, showed that Congress intended that law to cover current employees, not outside job applicants.    (Reuters)    7th Cir No. 17-1206

♦       Jan 24, 2019 .. Tenn. Ct. App.:  Weinert v. Sevierville ..  Plaintiff was hired as a patrol officer in mid-2008.    She became a field training officer in 2013. She unsuccessfully applied for a promotion to the rank of Sergeant in 2014. Defendant awarded the promotion to plaintiff’s fellow patrol officer, Rebecca Cowan.    Subsequently, plaintiff reported that she had been sexually harassed by two other officers. Capt. Ayers forwarded the information to Chief of Police Don Myers, and the City opened an investigation.    Ayers testified that he believed the accused officers were not disciplined because of a lack of corroborating proof uncovered by the investigation.    Plaintiff filed a complaint with the [EEOC] alleging sexual discrimination.  ..  (pdf)   (html)

♦       Jan 23, 2019 .. 3rd Cir.:  Fawole v. NBIH ..  Due a complaint by Fawole's supervisor, members of the Center’s human relations department began an investigation.    The investigators reviewed footage from security cameras, which showed Fawole and two other employees under his supervision, sleeping.    The videos also showed two other employees, who were under Fawole’s supervision, sleeping. The Center gave the three employees the choice to resign or be terminated; Fawole and one other employee chose to resign, and the third employee was fired.    After resigning, Fawole filed a complaint with the U.S. EEOC alleging that he had been fired based on age discrimination and that he had been retaliated against. ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 22, 2019 .. D.D.C.:  Kangethe v. D.C. ..  Pro se Plaintiff John Kangethe, an employee of the District of Columbia Department of Employment Services (“DOES”), brings retaliation, hostile work environment, and negligent hiring and retention claims against his employer.    Plaintiff alleges that he has faced numerous adverse actions in his employment stemming from formal and informal complaints that he made regarding his supervisor, Saikou Diallo. Plaintiff contends that these adverse actions have resulted in a hostile working environment.    He further alleges that it was negligent of DOES to hire Mr. Diallo and to retain him in a supervisory position.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 18, 2019 .. D.D.C.:  Hall v. Nielsen ..  After Defendant, Department of Homeland Security, terminated Plaintiff Steven H. Hall's employment, he sought administrative relief for a variety of forms of alleged discrimination. Before the case ever reached court, the parties entered into a settlement awarding Hall $55,000.    But, at least from Hall’s perspective, the battle was only beginning. He subsequently filed a flurry of pro se lawsuits in various courts seeking damages against the agency and an attorney who represented him during the settlement process, Rosemary Dettling.  ..  COURT DECISION:  (pdf)   (html)

♦       Jan 18, 2019 .. 11th Cir.:  Borden v. Cheaha ..  LaShunda Borden, an African-American female, began working at Cheaha in 2007.    In 2010, she filed a charge with the Equal Employment Opportunity Commission, alleging that Cheaha racially discriminated against her by electing to promote a less-qualified white woman over her.    In 2014, Ms. Borden was terminated for failing to perform her receptionist duties, among other issues.    Ms. Borden subsequently filed a pro se complaint alleging that Cheaha terminated her because of her race and in retaliation for her 2010 EEOC charge.  ..  DECISION:  (pdf)   (html)

♦       Jan 16, 2019 .. 7th Cir.:  Arnold v. Visiontek ..Wallace Arnold sued his former employer, asserting that he was subjected to a hostile work environment based on his race and that he was later terminated in retaliation for complaining of racial discrimination.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 16, 2019 .. D.D.C.:  Tyes-Williams v. Sessions (Justice) ..  Mary Tyes-Williams, an African-American woman, has worked in various chaplaincy positions for the Federal Bureau of Prisons (BOP) since 2004.    She describes the first decade of her career as a steady climb marked by superior performance reviews and robust skills development.    After 11 years with BOP, however, she ran into trouble with two coworkers who at various times held supervisory positions over her and received promotions that Tyes-Williams sought for herself.    From Tyes-Williams’s perspective, these coworkers unlawfully discriminated against her by treating her condescendingly, interfering with her career advancement, and depriving her of advantages routinely offered to white, male employees.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 15, 2019 .. 4th Cir.:  David v. Winchester ..  Mary David worked as an at-will nursing director at Winchester Medical Center (“WMC”). On September 3, 2014, WMC informed David that she could not maintain her employment there. The overarching dispute here is whether WMC dismissed David because she was reporting misbehavior or because she herself was misbehaving.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 15, 2019 .. Fed. Cir.:  Do v.  HUD ..  WAS THE CANDIDATE QUALIFIED OR NOT ? ..  Hanh Do petitions for review of a decision of the Merit Systems Protection Board (“Board”). The Board sustained the Department of Housing and Urban Development’s (“HUD’s” or “agency’s”) action demoting and suspending Do.     In its notice of proposed action, HUD charged Do with “negligence of duty” for hiring and later promoting an employee when Do knew that the employee did not have a college degree, which the agency viewed as a requirement.     On appeal, the Board agreed with Do that a college degree was not required and that the employee could alternatively qualify for the positions by having a combination of education and experience.     The Board, nonetheless, sustained the charge, concluding that Do was negligent because she failed to ensure that the em- ployee met the alternative qualification requirements.     We hold that Do’s due process rights were violated be- cause the Board exceeded the scope of the agency’s charge, relying on a new ground to sustain the discipline.     We reverse and remand.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 11, 2019 ..   DOL OIG INVESTIGATIONS NEWSLETTER.   Volume XIX   (October 1 – November 30, 2018)  ..  (.pdf)

♦       Jan 11, 2019 .. D.D.C.:  Smith v. Ergo ..  AN INTERESTING AND MEATY SEXUAL HARASSMENT CASE TO PERUSE. ..  Ergo is a private health care services company with four owners.    Beginning in 2007, Ergo had a formal employee policy and procedure manual, which included a “zero tolerance” sexual harassment policy.    Under that policy, sexual harassment complaints were to be directed to the complainant’s direct supervisor or to a corporate compliance officer.    The complainant and alleged harasser were to be physically separated during an investigation into alleged conduct, and an employee could be suspended for violating the policy. ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 10, 2019 .. 4th Cir.:  Coleman v. Schneider ..  THEY FAILED TO PROMOTE ME DESPITE BEING THE BEST QUALIFIED APPLICANT ! ..  To establish a failure to promote claim under Title VII, a plaintiff must first make a prima facie showing “that [she] (1) is a member of a protected class; (2) applied for the position in question; (3) was qualified for the position; and (4) was rejected for the position under circumstances giving rise to an inference of unlawful discrimination.”  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 10, 2019 .. Fed. Cir.:  Lepore v. OPM ..  Mr. Lepore was employed with the U.S. Department of the Treasury and the U.S. Department of Justice for more than twenty years, over seven of which were in “law enforcement service,     Effective on or about April 16, 1983, Mr. Lepore retired under the disability provisions under the Civil Service Retirement System (“CSRS”).     In April 2016, Mr. Lepore appealed OPM’s denial of his request to recalculate his retirement salary in favor of an enhanced annuity.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 9, 2019 .. 8th Cir.:  McKee v. Reuter ..  AFTER WINNING THE ELECTION AGAINST HER, HE WENT MEDIEVAL ON HER ASK ..  Ms. McKee began working for the Circuit Court of Jefferson County, Missouri in 1989. In 1998, she became the chief deputy clerk. In 2014, she was both the highest ranking and the highest paid deputy clerk, and she was nominated to run as the Democratic candidate to replace the outgoing clerk of court.     Her opponent in the general election was Mr. Reuter, the Republican candidate.     During the course of the campaign, Ms. McKee publicly commented that Mr. Reuter had been accused of domestic violence.     Mr. Reuter won the election and took office on January 2, 2015. ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 9, 2019 .. 4th Cir.:  Stewart v. Iancu (PTO) ..  Stewart worked as a patent examiner for the U.S. Patent and Trademark Office (“PTO”). He suffers from bulging discs in his lower back and radiculopathy, resulting from compression of his sciatic nerve, as well as post- and continuous-traumatic stress disorder.     Because of these medical conditions, Stewart filed a reasonable accommodation request with the PTO.     Specifically, he requested that he not be required to (1) come into work at a specified, mandatory time; (2) report his work schedule to his supervisor; and (3) schedule his meetings before 12:00 p.m., as his pain medications caused morning grogginess.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 8, 2019 .. Fed. Cl.:  Philbert v. U.S. (VA) ..  Plaintiff Curtis Philbert brings this action under the Equal Pay Act ("EPA"), 29 U.S.C. § 206(d). He alleges that the Department of Veterans Affairs ("VA") Loma Linda Medical Center discriminated against him based on his sex when it paid female health technicians-who were allegedly performing the same work as he-at a GS-7 salary level, while paying him at only the lower GS-6 level. ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 4, 2019 .. D.C. :  McCrea v. D.C. Fire ..  Petitioner Ms. McCrea, a fifteen-year veteran of the District of Columbia Fire and Emergency Medical Services Department (“Department”), was involuntarily retired on April 30, 2015, by respondent District of Columbia Police and Firefighters’ Retirement and Relief Board (“Board”) upon its determination that she was mentally disabled and incapacitated due to a diagnosis of Adjustment Disorder with Anxiety and Depression (“ADAD”).    The Board concluded that her disability was not incurred in the “performance of duty” (“POD”) and was therefore NOT compensable under the higher annuity rate.    Ms. McCrea challenges her involuntary retirement.    In the alternative, she seeks a reversal of the Board’s determination, claiming that she is entitled to receive retirement benefits at the higher "POD" annuity rate.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 4, 2019 .. Fed. Cir.:  Koester v. US Park Police ..  WHY IN THE WORLD DID THE FEDERAL CIRCUIT VACATE THIS COP'S REMOVAL ? ..  The morning before his shift, Mr. Koester had trouble sleeping before his shift.    Mr. Koester decided to go to work anyway, brought a half-pint bottle of vodka in his work bag, and consumed some of it during his shift.    Video evidence and witness testimony demonstrates that he showed signs of intoxication while attempting to perform routine tasks.    After Mr. Koester made incoherent and concerning radio transmissions, a supervisor approached him and observed his inebriated state. Mr. Koester admitted he had been drinking but refused to take a breathalyzer test.    His supervisor took his weapon, ammunition, and badge, suspended him, and drove him home.    Mr. Koester was placed on administrative leave.    The Park Police proposed removing Mr. Koester from the Federal Service for both consuming alcohol while on duty and being impaired while on duty due to alcohol consumption.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 3, 2019 .. Fed. Cir.:  Jenkins v. MSPB ..  CONSTRUCTIVE REMOVAL ? ..  For nearly thirty-three years, Mr. Jenkins was employed by the U.S. Department of the Army (“Army”), and prior to his retirement, worked as a [Supervisor].    From August 2010 to January 2012, Mr. Jenkins continually failed performance reviews.    Mr. Jenkins was put on a Performance Improvement Plan (“PIP”).    In February 2012, Mr. Jenkins’s first-level supervisor proposed his removal for unacceptable performance. After receiving the Notice of Proposed Removal, Mr. Jenkins retired.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Jan 2, 2019 .. Fed. Cir. :  Hansen v. DHS ..  Following a positive drug test, the Department of Homeland Security removed Jeffrey Hansen from his position as an Information Technology Specialist for U.S. Customs and Border Protection. The [MSPB] affirmed the agency’s decision. Mr. Hansen now appeals, arguing that the Board improperly assigned him the burden of proving that he inadvertently ingested marijuana, that it erred in finding his position was subject to random drug testing, and that even if it was subject to such testing, he lacked required notice of that fact. ..  COURT DECISION:  (pdf)   (html)

♦         OPM ISSUED THE FOLLOWING COMPENSATION POLICY MEMORANDA :  (1)  Executive Order for 2019 Pay Schedules   (Including Pay Frozen at 2018 Levels)     (2)  Fiscal Year 2019 Prevailing Rate Pay Adjustments     (3)  2018 Annual Review of Special Rates (Results)

♦       Dec 28, 2018 .. FLRA:  EPA v. AFGE ..  This case concerns the proper application of McDonnell Douglas Corp. v. Green to the Union’s challenge to a selection. As such, we apply the legal standards for national-origin-discrimination claims under Title VII [...] .    Applying those standards, where record evidence is insufficient to demonstrate discriminatory intent, the complaining party must lose as a matter of law.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 28, 2018 .. W.C.A.:  Peiffer v. Pro-Cut ..  Charles Peiffer worked at Pro-Cut Concrete Cutting and Breaking, Inc. intermittently over a period of 23 years.    Mr. Peiffer submitted a time card each week for his hours worked. In 2008, Mr. Peiffer noticed that his time cards, which were reviewed by his supervisor, Monte Sainsbury, were being altered.    It turned out that when Mr. Sainsbury believed employees had inflated their work time, he would alter their time cards to reflect what he believed was accurate time.    Mr. Peiffer objected to Mr. Sainsbury’s alteration of his time cards.    Mr. Peiffer was told that if he did not like the policy, he could quit.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 27, 2018 .. FLRA:  Justice v. AFGE ..  This case concerns a matter that has been addressed and resolved by the U.S. Court of Appeals for the D.C. Circuit on two occasions.    But, here, AFGE continues to grieve for at least the seventeenth time, the manner in which the Agency assigns work pursuant to Article 18 of the parties’ collective-bargaining agreement, the very question already resolved by the D.C. Circuit.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 27, 2018 .. 2d Cir.:  Vitti v. Macy's  ..  Plaintiff Angela Vitti suffers from anxiety, depression, high blood pressure, and agoraphobia. Her conditions affect her breathing, walking, blood pressure, and sleeping.    Macy’s employed Vitti in its Herald Square Store from June 24, 2012 until April 4, 2013.    Vitti claims that she suffered discrimination and retaliation in violation of the Americans “ADA”.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 26, 2018 .. FLRA:  Navy v. PFEMTC ..  MESSY UNION DIVORCE DRAMA  ..  The Incumbent-Union is made up of eight local unions that represent one or multiple trades. The bargaining unit includes approximately 2400 civilian wage-grade production employees.  ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 26, 2018 .. Tex. App. :  Granger v. TXDOT ..  TXDOT fired her in October 2010, for taking metal pipe, scrap metal, and other material from TXDOT’s Woodville yard.    She filed an administrative proceeding alleging that TXDOT discharged her from her job based on her sex.  ..  DECISION:  (pdf)   (html)

♦       Dec 20, 2018 .. 8th Cir. :  Kirklin v. Joshen ..  Joshen Paper distributes paper supplies nationwide.    Calvin Kirklin is an African-American male. He filed this lawsuit against Joshen alleging that he was “denied rehire” because of his race and age.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 20, 2018 .. Fed. Cl. :  Diaz v. United States ..  FAA HUMAN RESOURCES IS THE MOST OVERPAID AND INCOMPETENT IN FED GOVERNMENT. ..  Plaintiff was employed by the Federal Aviation Administration (“FAA”) as an Airway Transportation Safety Specialist from September of 2001 until August of 2005.    On August 24, 2005, the FAA discharged Ms. Diaz from her position. Id. At the time of her termination, she had reached grade GS-11 and her salary was $50,234.    Upon her termination, she timely appealed her removal with the United States Merit Systems Protection Board (“MSPB”). Ms. Diaz and the FAA reached a settlement prior to the MSPB hearing.    On October 26, 2006, the parties signed and entered into the original settlement agreement, which required the FAA to pay Ms. Diaz $1,800.00 in damages.    In addition to monetary damages, the agreement mandated that (1.) The FAA remove Ms. Diaz’s SF-50 form citing “termination” as the cause of her departure and replace it with an SF-50 form citing “resignation” as the cause of her departure.    (2.) The removal and replacement of the SF-50 form was to be completed within 30 days of the signing of the agreement.  ..  COURT DECISION:   (.pdf)   (.html)

♦       Dec 18, 2018 .. FLRA:  Homeland (Border) v. NTEU ..  In December 2016, the Union filed a grievance alleging that the Agency violated the parties’ agreement when it interviewed a Customs and Border Patrol Officer who was allegedly intoxicated while on duty without notifying the Union in advance.    The grievance was unresolved, and the parties submitted it to arbitration.. ..  FLRA DECISION:   (.pdf)   (.html)

♦       Dec 18, 2018 .. FLRA:  SBA v. AFGE ..  Arbitrator found that the Union’s nearly six-month-late submission was “[c]learly” untimely.    Nonetheless, he concluded that the grievance was procedurally arbitrable because (1) the Agency had waived the right to contest the timeliness of the Union’s submission by failing to object to it until the arbitration hearing, and (2) even if the Agency had objected before the hearing, the parties’ past practice had “modified” Section 2’s fourteen-day timeframe.    The Agency filed exceptions to the Arbitrator's award.  ..  FLRA DECISION:   (pdf)   (html)

♦       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)

☀       OPM: NATIONAL DAY OF MORNING FOR PRESIDENT GEORGE H. W. BUSH; FEDERAL GOVERNMENT CLOSURE ON WED, DEC 5, 2018:    OPM

☀       FLRA: ON FRIDAY, FLRA POSTED FIVE (5) NOVEMBER FEDERAL SERVICE IMPASSES PANEL CASES ON THEIR WEBSITE     FLRA.gov

☀       NEWS:  MASSIVE HOTEL DATA BREACH REVEALED   ...   FOR OVER 500 MILLION GUESTS   (Starwood, Westin, Sheraton, Element, W Hotels, etc)

☀       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)

☀       NEWS: UNDER TOTAL-CONTROL OF LABOR UNIONS, DEMOCRATS CONTINUE BLOCKING TRUMP'S MSPB APPOINTEES.  Federal Times

☀       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

☀       TECH: SURFACE GO LTE AVAILABLE TODAY -- NOVEMBER 20   Microsoft Store, Best Buy, B&H, etc

☀       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)

☀       OPM: ADDITIONAL GUIDANCE RELATING TO IMPLEMENTATION OF EXECUTIVE ORDERS 13836, 13837, AND 13839:    OPM

☀       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)

☀       AMAZON DROPS FREE SHIP MINIMUM FOR HOLIDAYS     Press Release

☀       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  ...  OPM:  ANNOUNCING GOVERNMENT-WIDE DIRECT HIRE APPOINTING AUTHORITY    OPM

☀       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)


☀       OPM: INTERPRETIVE GUIDANCE ON SECTION 5 ENSURING INTEGRITY OF PERSONNEL FILES CONTAINED IN EXECUTIVE ORDER 13839    OPM

☀        1878 - 2018 LYNCHING PLAYBOOK ... Same Unsubstantiated Sex Claim ... Same Lynch Mob "hang him, he's a monster" ... Same Political Party   "no evidence needed".

☀        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)


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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)


☀       OPM: HR FLEXIBILITIES AND PROCEDURES FOR THE HURRICANE SEASON    OPM

☀       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)

☀       OPM: UPDATED GUIDANCE RELATING TO ENJOINMENT (BLOCKAGE) OF CERTAIN PROVISIONS OF EXECUTIVE ORDERS 13836, 13837, AND 13839:    OPM

(See Below)   "JUDGE STRIKES KEY PARTS OF TRUMP'S "EASY FIRE FEDS" -AND- "TREAT UNIONS LIKE SHIP"  ORDERS"  

☀       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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