P E R M E R I C A . C O M



( black people scratch their heads, in disbelief. )

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


   COURT:  Topchian v. Chase  ...   MORTGAGE REFININCING   ...   Did Not Think Banks Were That Bad, Until I Read This Case.   ...   DECISION
   OPM MEMO:  ...   Impact of 2014 United States-Africa Leaders Summit on Washington, DC, Commuters , Mon, 8/4 --- Wed, 8/6   ...   OPM
   MSPB:  Gingery v. DOD  ...   VEOA CASE   ...   The Gingery saga continues.   ...   DECISION
   MSPB:  Kelly v. Army  ...   FURLOUGH CASE   ...   GS-12 Engineering Technician furloughed . Furloughed some / Overtime others.   ...   DECISION
   MSPB:  Weathers v. Navy  ...   FURLOUGH CASE   ...   GS-11 Materials Engineer furloughed. Agency used RIF principles to decide.   ...   DECISION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   MSC:  Barton v. Missouri  ...   MURDER WAS THE CASE ... I SWEAR THAT, I DID NOT KILL NOBODY !   ...  The victim, Gladys Kuehler, was 81 years old, was the manager of a mobile home park in Ozark, Missouri, and lived in a trailer she owned there.      Walter Barton regularly frequented the park, but had not been around for about a week before the murder.      On the day of the murder, Barton came to the trailer of Carol Horton. Horton reported that Barton was in a "happy-go-lucky" mood, talking and dancing to music on the radio. At around 2:00 p.m., Barton went to the victim's trailer.      Later that day, Gladys Kuehler was found dead in her trailer.  ...   Here, Barton  Appeals To MSC:   COURT DECISION

Greatest Song Ever Made!

100% American Made.

   DcCir:  Foote v. Moniz  ...   UNDER EGAN, IF THE PSYCHOLOGIST IS A RACIST -OR- SEXIST, THEN YOU ARE ... ED !   ...   In order to protect national security, the Department of Energy's Human Reliability Program carefully evaluates employment applicants for certain positions, such as those where the employees would have access to nuclear devices, materials, or facilities. A limited number of positions fall into that category and require certification under this Program.      To obtain certification, applicants must meet a range of requirements, including passing a psychological evaluation, passing random drug tests, annually submitting an SF-86 Questionnaire for National Security Positions, and successfully completing a counterintelligence evaluation that includes a polygraph examination.  ...   Here, Foote  Appeals To DcCir:   COURT DECISION

   FedCir:  Belter v. Homeland  ...   HOMELAND REMOVED HIM FOR UNAUTHORIZED USE OF HIS GOVERNMENT-ISSUED TRAVEL CREDIT CARD.   ...   He was removed from the position of Supervisory Logistics Management Specialist.      Mr. Belter filed a whistleblower retaliation complaint with the Office of Special Counsel (OSC)      After the OSC closed its inquiry into his allegations,      Mr. Belter filed an IRA appeal to the Board alleging that theHomeland terminated him in retaliation for disclosures he made to the Acting Director of the Agency and to the (OIG).  ...   Here, Belter  Appeals To FedCir:   COURT DECISION

   1stCir:  Jones v. Boston  ...   WERE THEIR FIRINGS DISCRIMINATORY -or- WERE THE POLICE OFFICERS REALLY USING COCAINE ?   ...   In this racial discrimination case, ten black plaintiffs challenge the Boston Police Department's drug testing program.     Seven of the plaintiffs are former officers fired by the department after testing positive for cocaine; the eighth is a former cadet in the same situation; the ninth continues to work as an officer after testing positive and undergoing rehabilitation as an alternative to termination; and the tenth is a former applicant to the department whose contingent job offer was revoked after a positive test.     The plaintiffs' principal claim is that the department's program, which used hair samples to test for illegal drug use, caused a disparate impact on the basis of race in violation of Title VII of the Civil Rights Act of 1964. During the eight years for which the plaintiffs present data, black officers and cadets tested positive for cocaine approximately 1.3% of the time, while white officers and cadets tested positive just under 0.3% of the time.     The plaintiffs deny that they used cocaine, arguing that the hair test employed by the department generated false-positive results in processing the type of hair common to many black individuals. The plaintiffs also press claims under the United States Constitution, via 42 U.S.C. § 1983, and under the Americans with Disabilities Act (ADA).  ...   Here, Jones  Appeals To 1stCir:   COURT DECISION

    MSPB:  Crutch v. Postal  ...   HE MOVED THE BOARD TO AWARD HIM $22,489.00 IN PECUNIARY DAMAGES AND $20,000.00 IN NONPECUNIARY DAMAGES.   ...   In his motion for compensatory damages the appellant alleged that, as a result of the agency's discriminatory actions, he: (1) had to withdraw funds from his thrift savings plan account to cover his living expenses; (2) sold his 2007 Sport Utility Vehicle (SUV) for below market value; (3) modified the loan term for his truck so that he would not have to make any loan payments during his constructive suspension; (4) suffered emotional distress related to the sale of his SUV and not being allowed to return to work; (5) suffered from high blood pressure and diabetes;(6) accumulated credit card debt to pay bills, which negatively impacted his credit standing; and (7) experienced a strain on his marriage.      He moved the Board to award him $22,489.00 in pecuniary damages and $20,000.00 in nonpecuniary damages.  ...   Here, Crutch Appeals To MSPB:   MSPB DECISION

   DcCA:  Love and Bryant v. DcDOC  ...   WE SHOULD NOT BE FIRED JUST BECAUSE WE ALLOWED TWO (2) FIRST DEGREE MURDERES ESCAPE !   ...   At the time, Joseph Leaks and Ricardo Jones were among the most dangerous offenders housed at the D.C. Jail. Jones was awaiting two separate trials for attempted murder and first-degree murder, while Leaks was in jail awaiting trial as an accessory to Jones's alleged first-degree murder.    On June 3, 2006, inmates Joseph Leaks and Ricardo Jones escaped from the Central Detention Facility (commonly called the D.C. Jail). The pair changed from orange jumpsuits into blue clothing usually given to inmates upon release. They slid down a canopy and soon caught a Metro train for a brief taste of freedom before they were apprehended the next day without incident.     We review here a judgment of the Superior Court affirming a decision by the Office of Employee Appeals (OEA), which upheld the firing of two correctional treatment specialists (Specialists), appellants Alphonso Bryant and Darryl Love, by the District of Columbia Department of Corrections (DOC).  ...   Here, Love and Bryant  Appeals To DcCA:   COURT DECISION

   TECH:  A REVIEW OF ONEPLUS' $299 "ONE" SMARTPHONE: A $300 SMARTPHONE HAS NEVER LOOKED SO GOOD.   ...   OnePlus is a producer of smartphones. The 'One' is OnePlus' first smartphone. The 'One' packs Qualcomm's latest SoC, the Snapdragon 801 with a quad-core 2.5GHz CPU, Adreno 330 GPU and 3GB of RAM. The display uses JDI's 5.5-inch 1080p IPS LCD panel, and it's protected by a layer of Corning Gorilla Glass 3. You'll also find a built-in 3,100mAh battery, a speedy 13-megapixel f/2.0 camera (Sony Exmor IMX214 sensor with a 6-lens module and dual LED; 4K video; 720p slow-motion at 120 fps), a 5-megapixel wide-angle selfie cam, loud stereo speakers (tuned by JBL) and tri-microphone with noise cancellation.   Engadget.com  ....   Marques Brownlee (YouTube)

VA Secretary Responds To Resignation Call

American Legion Called For Him To Step Down.

   TECH:  MICROSOFT IS ABOUT TO DROP ULTRA-LIGHT -and- ULTRA-SLIM 8" -and- 10" SURFACE PROs ???   ...   Microsoft has just sent out an invitation for a Surface-related event slated for May 20th in New York City, imploring us to join them "for a small gathering." We're guessing a new tablet -- possibly a mini Surface? -- could be unveiled.   TheVerge  ...   Engadget.com

   TECH:  LEAK SUGGESTS SAMSUNG'S NEXT GALAXY TABS WILL BE THE MOST IMPRESSIVE TABLETS EVER.   ...   A new rumor suggests that Samsung's next flagship tablets will be the most impressive tablets the world has ever seen. With 8.4 and 10.5-inch displays ;;; powered by eight-core Samsung Exynos processors ;;; and 2,560 x 1,600-pixel WQXGA resolution displays.   BGR

   WHITE HOUSE:  WHITE HOUSE ADVISORS CALL FOR AN INTERNET PRIVACY BILL OF RIGHTS.   ...   Nintey days ago, President Obama ordered a review about internet privacy, data use and other concerns sparked by the NSA spying revelations. Following a public consultation, the report has now been released by White House counselor John Podesta. Though flawed -- there's no mention of NSA spying activities, for instance -- it's already being lauded by consumer advocacy groups. The 85-page document notes that while the mountains of data collected by government and corporations like Google and Apple are incredibly useful, much more needs to be done to protect civil rights.   Engadget.com

    MSPB:  McHenry v. Postal  ...   FOR THE REASONS SET FORTH BELOW, WE GRANT THE PETITION FOR REVIEW, REVERSE THE INITIAL DECISION, AND DO NOT SUSTAIN THE APPELLANT'S SUSPENSION FROM JUNE 18, 2013, TO AUGUST 20, 2013.   ...   The appellant, an EAS-20 supervisor, filed an appeal of the agency's decision to convert his status from sick leave to leave without pay (LWOP). The appellant initiated his absence on June 18, 2013, when he requested sick leave under the Family and Medical Leave Act of 1993 (FMLA).    The Postmaster contacted the appellant on June 22, 2013, and informed him that if he intended to come to work on his next scheduled work day, June 24, he should not do so because he was being placed on emergency leave pending an ongoing investigation into alleged misconduct.    The Postmaster also retroactively changed the appellant's sick leave to LWOP.    The appellant's physician cleared him to return to work on August 12, 2013.    The agency then placed the appellant in an emergency LWOP status from August 12, 2013, until August 20, 2013, when it returned him to a paid status.  ...   Here, McHenry Appeals To MSPB:   MSPB DECISION

   FLRA:  AFGE v. Homeland  ...   EITHER, YOU RETURN THE UNIFORM -or- WERE GONNA SEND YOUR ___ TO JAIL!   ...   Arbitrator John P. DiFalco found that the Agency did not violate a negotiated Agency policy (the 2010 policy) when it sought to recover Agency uniforms from a probationary trainee whom the Agency fired (the trainee). The Arbitrator also found that the Agency did not demonstrate anti-Union animus by: There are two main, substantive questions before us.    The first question is whether the Union has demonstrated that the award fails to draw its essence from the 2010 policy.    The second question is whether the Arbitrator's failure to find anti-Union animus is contrary to § 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute).  ...   Here, AFGE Appeals To FLRA:  FLRA DECISION

    MSPB:  Kelly v. Transportation  ...   IS THIS A GUY WHO CRIED WOLF (RACE WOLF)? -or- WAS HE REALLY FORCED TO ACCEPT THE VOLUNTARY DEMOTION?   ...   The appellant occupied the position of AT-2152-LH Air Traffic Control Specialist, with a total salary of $123,667.00.    In December 2011, the agency advised the appellant that he had failed to successfully complete the training requirements for that position and offered to reassign him to a lower-level position.    On January 11, 2012, the appellant signed a memorandum stating that he voluntarily accepted a reassignment to the position of AT-2152-GH Air Traffic Control Specialist, with a total salary of $90,337.00.    The agency effected the appellant's demotion on January 15, 2012.    The appellant subsequently filed a formal EEO complaint asserting that his demotion was involuntary and that the agency had discriminated against him based on his race, gender, and age.  ...   Here, Kelly Appeals To MSPB:   MSPB DECISION

   TECH:  MEET THE ONE, ONEPLUS' $299 GOOGLE NEXUS 5 KILLER.   ...   OnePlus is a producer of smartphones founded on December 17, 2013. The "One" is OnePlus' first smartphone. The "One" packs Qualcomm's latest SoC, the Snapdragon 801 with a quad-core 2.5GHz CPU, Adreno 330 GPU and 3GB of RAM. The display uses JDI's 5.5-inch 1080p IPS LCD panel, and it's protected by a layer of Corning Gorilla Glass 3. You'll also find a built-in 3,100mAh battery, a speedy 13-megapixel f/2.0 camera (Sony Exmor IMX214 sensor with a 6-lens module and dual LED; 4K video; 720p slow-motion at 120 fps), a 5-megapixel wide-angle selfie cam, loud stereo speakers (tuned by JBL) and tri-microphone with noise cancellation.   Engadget.com  ...  BGR.com

   GAO REPORT:  VA SPENDING   ...   GAO SHOWS THAT VA CONSTRUCTION MANAGERS ARE GROSSLY INCOMPETENT. DENVER VAMC CONSTRUCTION COST JUMPED FROM $328 MILLION TO OVER A BILLION DOLLARS WHEN FINISHED.   ...   As of April 2014, VA officials currently project the cost estimates are still accurate; however, VA's primary contractor on the project has expressed concerns that the project will ultimately cost more and take more time to complete. Two primary factors contributed to cost increases and schedule delays at the Denver project: a decision to change plans from a shared medical center with a local medical university to a stand-alone VA medical center and unanticipated difficulties, including removing asbestos and replacing faulty electrical systems in pre-existing buildings.   GAO REPORT

   6thCir:  EEOC v. Ford (Motor Co)  ...  AND YOU THOUGHT ALL THOSE OVER ARCHING REGULATIONS ONLY APPLIED TO FEDERAL SERVICE.   ...   At issue in this case is whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability. Charging party Jane Harris was terminated from her position as a resale steel buyer at Ford Motor Co. ("Ford") after she asked to telecommute several days per week in an attempt to control the symptoms of irritable bowel syndrome ("IBS"). The Equal Employment Opportunity Commission ("EEOC") argues that Ford discriminated against Harris on the basis of her disability and retaliated against her for filing a charge with the EEOC. The district court granted summary judgment in favor of Ford.  ...   Here, EEOC  Appeals To 6thCir:   COURT DECISION

   SupremeCourt:  Schuette v. BAMN  ...  FINALLY, A SUPREME COURT DECISION THAT SHOULD MAKE EVERY RACE, SEX AND ETHNIC GROUP HAPPY ... ( JUSTICES STRIKE-DOWN SEX, ETHNICITY, RACE, COLOR, OR NATIONAL ORIGIN BASED DISCRIMINATION AND PREFERENTIAL TREATMENT )   ...   In 2006, Michigan voters passed an amendment to the State Constitution, by a margin of 58 percent to 42 percent, prohibiting state and other governmental entities in Michigan from discriminating against, or granting preferential treatment to, any individual or group on the basis of sex, color, ethnicity, race, or national origin, in a wide range of actions and decisions.    The resulting enactment became Article I, § 26, of the Michigan Constitution. As noted, the amendment is in broad terms. Section 26 states, in relevant part, as follows:
"(1) The University of Michigan, Michigan StateUniversity, Wayne State University, and any other public college or university, community college, orschool district shall not discriminate against, or grant preferential treatment to, any individual or group onthe basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
"(2) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
"(3) For the purposes of this section 'state' includes, Cite as: 572 U. S. ____ (2014) 3 Opinion of KENNEDY, J. but is not necessarily limited to, the state itself, any city, county, any public college, university, or community college, school district, or other political subdivision or governmental instrumentality of or within theState of Michigan not included in sub-section."


   DDC:  Gibbs v. Interior  ...  SHE ALLEGES SHE SUFFERED VARIOUS ACTS OF RETALIATION AFTER LODGING COMPLAINTS ABOUT HER SUPERVISOR AND OTHERS.   ...   The plaintiff's action stems from her former employment at the U.S. Geological Survey, an agency within the Department of the Interior.    The plaintiff alleges that she reported complaints regarding two workplace incidents and then suffered various forms of retaliation as a consequence. The first alleged incident involved a co-worker's "coercing" Ms. Gibbs to place a phone call to the supervisor of the co-worker's niece, also an agency employee, for the purpose of procuring increased tuition compensation benefits for the niece.    In the second episode, Ms. Gibbs' supervisor, Leslie Jones, allegedly asked her to sign and backdate a document, which Ms. Gibbs refused to do.  ...   Here, Gibbs  Appeals To DDC:   COURT DECISION

    VAOIG INVESTIGATION:  A DOUBLE STANDARD?   ...   BECAUSE THE MISBEHAVING VAMC DIRECTOR IS A WOMAN, THE VAOIG SUPER SANITIZED THIS REPORT TO PROTECT HER "GOOD NAME". UNLIKE MALE DIRECTORS / MANAGERS.   ...   The Veterans Health Administration VHA Medical Center Director failed to meet reasonable accommodations RA confidentiality requirements by disclosing an employee's confidential medical information to unauthorized VA managers, medical staff, and other employees. In addition, the Director improperly appointed herself Designated Management Official DMO , substituted her medical judgment for that of an employee s physicians, delayed accommodating the employee while gathering additional, unnecessary ....   VAOIG REPORT

Why Do Kids Use Swear Words?
Mom, the bath is too f__king hot!

Why Do Kids Use Swear Words?
Mom, the bath is too freaking hot!

    MSPB:  Wilson v. Homeland  ...   WHAT HAPPENS WHEN A BITTER EX-HUSBAND IS HELL BENT ON GETTING HIS EX-WIFE FIRED.   ...   The appellant was formerly employed as a Senior Special Agent with the agency's U.S. Immigration and Customs Enforcement component.    The agency's Office of Professional Responsibility (OPR) initiated an investigation into the appellant's conduct after receiving correspondence from the appellant's ex-husband, who alleged that she had misused the Treasury Enforcement Communications System (TECS) for personal gain.    (1) Misuse of TECS for Personal Use; (2) False Statements on an SF-86; (3) Undeclared Rental Income to the Internal Revenue Service; and (4) Failure to Cooperate with an Investigation.    The deciding official issued a letter sustaining all four charges and directing the appellant's removal from Federal service.  ...   Here, Wilson Appeals To MSPB:   MSPB DECISION

   DDC:  Anyaso v. USCP  ...  WITH RED CHERRY ROOF LIGHT FLASHING, OFFICER ANYASO DROVE THROUGH A RED LIGHT AND COLLIDED WITH ANOTHER CAR.   ...   This case stems from a traffic accident involving plaintiff, Officer Anyaso, the subsequent investigation into that accident, and the disciplinary actions taken by the defendant as a result.    As a result of the accident, plaintiff and one passenger from another vehicle were taken to the hospital. Officer Anyaso's vehicle sustained more than $15,000 worth of damage. In addition, USCP was deemed liable in tort for more than $19,000 in damages to the owner of the other vehicle.  ...   Here, Anyaso  Appeals To DDC:   COURT DECISION

   DDC:  McCauley v. Salazar (Interior)  ...  SHE CLAIMS SHE WAS TERMINATED FOR AWOL AFTER BEING DENIED ENTITLED FMLA LEAVE   ...   On May 29, 2009, plaintiff Linda A. McCauley was terminated from her position as an Administrative Services Specialist at the U.S. Department of Interior's Division of Administration, Office of Surface Mining.    McCauley claims that she was terminated "improperly" after filing a claim of "Harassment/Reprisal and discrimination," that she was denied leave to which she was entitled under an "FMLA Leave Share Program," that she was denied reasonable accommodations to which she was entitled, that she was denied compensation for an on-the-job injury, that she is owed pay for leave she accrued, and that her termination violated her right to due process.    Department of Interior asserts that the true reasons for plaintiff's termination were her excessive absences and her absences without leave ("AWOL").  ...   Here, McCauley  Appeals To DDC:   COURT DECISION

    FLRA:  NTEU v. IRS  ...   DID IRS' GRANTING OF ADMINISTRATIVE LEAVE MAKE EMPLOYEES ELIGIBLE FOR OVERTIME?   ...   The grievants normally work from 6:00 a.m. to 2:30 p.m. On one occasion, due to a snowstorm, the Agency gave the grievants four hours of administrative leave. On that day, the grievants worked from 10:00 a.m. to 2:30 p.m., a total of four and one-half hours. The Agency did not allow the employees to take their standard thirty-minute, unpaid lunch period that day, because the employees worked less than five hours. The grievants' timesheets, however, credited them with four hours of administrative leave and only four hours of work time.    The grievants sought to amend the timesheets to reflect the four and one-half hours worked, which would mean that their timesheets would reflect eight hours of scheduled work and thirty minutes of overtime. Acknowledging that the grievants worked four and one-half hours that day, the Agency instead sought to retroactively decrease the four hours of administrative leave to three and one-half hours. The Union filed a grievance, which was unresolved and submitted to arbitration.    The Arbitrator awarded the grievants thirty minutes of overtime and sustained the grievance.  ...   Here, IRS Appeals To FLRA:  FLRA DECISION

    VAOIG AUDIT:  VA CHARLESTON, SC VAMC GUILTY OF NOT COMBINING PURCHASES TO INVOKE MORE TIMELY AND COMPLEX CONTRACTING PROCEDURES   ...   We substantiated the allegation that Charleston VAMC Engineering Service employees split purchases inappropriately and identified improper purchase card payments. Of 139 sampled purchases made by Engineering Service cardholders from October 2011 through May 2013, 40 were unauthorized commitments totaling $83,100 that avoided competition requirements. The 40 unauthorized commitments included 35 purchases valued at about $69,300 that cardholders split and 5 purchases valued at about $13,800 that exceeded the micro-purchase limit for services.  ...   VAOIG REPORT

    MSPB:  Dennis v. HUD  ...   WAS HIS REMOVAL UNREASONABLE BECAUSE SIMILAR OTHERS RECEIVED LESSER PENALTIES?   ...   The appellant grieved his removal from his GS-12 Project Manager position, effective April 21, 2011, based on charges of: (1) Willful Misuse of an Official Government Vehicle in Violation of 31 U.S.C. § 1349(b); (2) Lack of Candor; and (3) Failure to Safeguard Government Property.    After holding a hearing, an arbitrator issued an Opinion and Award affirming the agency's removal action; the arbitrator sustained all three charges, found a nexus between the misconduct and the efficiency of the service, and found the penalty of removal reasonable.    The appellant filed a request for arbitration review with the Board, arguing that the arbitrator who adjudicated his removal grievance erred in finding the penalty of removal reasonable because he failed to consider evidence that two other employees engaged in similar or worse misconduct, but received lesser penalties.  ...   Here, Dennis Appeals To MSPB:   MSPB DECISION

    DcCir:  Brooks v. Susan Grundmann (MSPB)  ...  DID MSPB DISCRIMINATE AGAINST THE IT SPECIALIST?   ...   The appellant, an African-American woman, has worked at the Office of Information Resources Management (IRM) of the Merit Systems Protection Board since 1998. While we know little about her employment prior to 2005, we know she considers that particular year as the starting point of a series of unfortunate events.    Brooks' chronology of woe began when her supervisor, An-Minh (Tommy) Hwang, expressed his disappointment with her demonstration of a new document migration project by yelling at her in front of co-workers, insulting and demeaning her, and flinging a heavy notebook which Brooks thought was aimed in her direction. .  ...   Here, Brooks  Appeals To DCCir:   COURT DECISION

    DDC:  LOWE v. JACKSON  ...   CIVIL  ...  DID EPA DISCRIMINATE AGAINST THE DEAF CHINESE-AMERICAN MALE?   ...   Andrew H. Lowe, a deaf Chinese-American male, sues the Environmental Protection Agency (EPA), for alleged employment discrimination on the basis of race, national origin, and disability, retaliation for his participation in protected activities, and a hostile work environment. Lisa Jackson, Administrator of EPA, responds that any adverse actions suffered by Mr. Lowe were legitimate and precipitated by his unwillingness to take direction from his supervisors and untimely completion of assignments.   EPA moves for summary judgment.   ...   COURT DECISION (pdf)

    MSPB:  Brookens v. Labor  ...   ARBITRATION REVIEW  ...  HE WAS REMOVED FROM HIS GS-12 POSITION BASED ON UNACCEPTABLE PERFORMANCE   ...   Department of Labor removed the appellant, Benoit Brookens, from the GS-12 position of International Economist, effective November 19, 2008, based on unacceptable performance in two critical elements of his performance standards    On behalf of the appellant, the union challenged the removal action pursuant to the negotiated grievance procedure through arbitration.    The arbitrator issued two decisions on grievances filed by the union. He characterized the first, issued on September 22, 2009 (2009 Award), as a decision on a preliminary issue. In it he found that the removal action was performance based, taken under chapter 43 of the Civil Service Reform Act (CSRA), and not an adverse action under chapter 75 of the CSRA.    He denied the grievance.    In the second, issued on November 20, 2012 (2012 Award), he found that the appellant's removal for unsatisfactory performance was fully supported by the evidence.    He found that the agency established that the appellant was unable to perform the tasks required of an International Economist. He also found that the appellant failed to show retaliation for his union activities or discrimination on the bases of age and race.    Accordingly, he dismissed the grievance.    The appellant filed a request for review of the arbitrator's decisions.   ...   Here, Brookens Appeals To MSPB:   MSPB DECISION

    NSC:  STATE  v. DEJONG  ...   MURDER?  ...  SHE STATED THAT HER HUSBAND HAD GONE TO BE WITH HIS "WHORE" AND CAME HOME "ALL . . . BEAT UP."   ...   On March 11, 2011, Susan called the 911 emergency dispatch service at approximately 4 p.m. Susan told the operator that her husband, Tom, was not breathing and was cold to the touch. Susan stated that Tom had gone to South Dakota to be with his "whore" and came home "all . . . beat up." The operator had Susan perform cardiopulmonary resuscitation on Tom until the emergency units arrived.    When emergency personnel arrived at the DeJong home, Susan was hysterical and she repeatedly stated that the "whore" had done this to Tom. Emergency personnel immediately began resuscitation efforts. Tom was not breathing, and there was no heartbeat. Dried blood was around his nostrils and the top of his mouth. His hands, arms, feet, legs, torso, and head were visibly scratched, cut, and deeply bruised. Emergency personnel were able to help Tom regain a heartbeat.    Tom was taken to the Jefferson Community Health Center and was later transported by ambulance to Bryan Health, west campus trauma center, in Lincoln, Nebraska (Bryan hospital). Laboratory reports and blood tests indicated a threat of imminent heart and renal failure. A chest x ray indicated multiple rib-sided fractures and a partially collapsed lung. A CAT scan revealed the following injuries: a swollen brain; a tremendous amount of fractures within the chest cavity, including the spine, the ribs, and the scapula; a comminuted fracture of the nose; and a possible fracture of the hyoid bone in the neck.    The treating physicians concluded that Tom would not be able to recover from the injuries. The physicians asked Susan for permission to remove Tom from life support, and she granted the request. Tom passed away shortly thereafter.    Susan M. DeJong was convicted of first degree murder and use of a deadly weapon to commit a felony for the death of her husband, Thomas DeJong (Tom).  ...   Here, DEJONG Appeals Her Conviction:   ...   COURT DECISION (pdf)

    4thCir:  NTEU v. FLRA  ...   CBA  ...  SHOULD PROBATIONERS HAVE THE RIGHT TO GRIEVE REMOVALS ?   ...   The National Treasury Employees Union (NTEU) sought to amend its collective bargaining agreement with the Internal Revenue Service (IRS) to permit probationary employees to use the agreement's grievance procedures to challenge removals alleged to be in violation of statutory rights or procedures.   The IRS refused to negotiate over NTEU's proposal on the grounds that the proposal would grant probationary employees greater procedural protections than were authorized under law and regulation.    NTEU appealed to the Federal Labor Relations Authority (FLRA), which held for the IRS.    NTEU now asks us to reverse the FLRA and find its proposal negotiable.  ...   Here, NTEU Appeals To 4thCir:   COURT DECISION (pdf)

    10thCir:  Eisenhour v. Weber  ...   DID THE TOUCHY JUDGE REALLY SEXUALLY HARASS THE COURT ADMINISTRATOR ?   ...   Ms. Eisenhour worked for Weber County for 24 years, serving as the Court Administrator for the Weber County Justice Court under the direct supervision of Judge Storey.    According to Ms. Eisenhour, she was subjected to offensive touching and unreasonable questions about her activities away from work. Judge Storey began acting inappropriately toward Ms. Eisenhour in early 2008. He became "touchy" and would often stand so close to her that his groin would rub against her.    In addition to the touching, Judge Storey once called Ms. Eisenhour into his office and told her that he had a dream about her in which she was naked.    Ms. Eisenhour also found a poem by Judge Storey, which revealed his romantic feelings for her. Although Judge Storey never mentioned the poem, he gave it to Ms. Eisenhour in a stack of papers to file.  ...   Here, Eisenhour Appeals To 10thCir:   COURT DECISION (pdf)

Yours Truly, Johnny Dollar (22mb)

    CCA-R3:  Tennessee v. Peebles  ...   THE SLENDER, AFRICAN-AMERICAN MAN GRABBED ME TOLD ME TO "GIVE IT UP"   ...   At trial, Heidi Arana, the victim, testified that, on February 1, 2011, she left work and walked to a parking garage on 7th Avenue, across the street from the Nashville Public Library.    Just before Ms. Arana reached the elevator, a hand reached out from a recessed area and grabbed Ms. Arana's shoulder, pulling her out of the hallway and against a wall.    Ms. Arana described the man who grabbed her as a slender, African-American man, approximately five feet, six inches in height.    The man who grabbed Ms. Arana told her to "give it up, we know you got something." ... "[D]on't be stupid," while partially pulling a gun out of his right front coat pocket. Ms. Arana described the gun as black and stated that it appeared to be an automatic weapon.    The defendant, Antonio Marques Peebles, was sentenced to 10 years in prison for Aggravated Robbery.   ...   Here, Peebles  Appeals To CCA-R3:   COURT DECISION

Yours Truly, Johnny Dollar (5mb)

    MSPB:  Mudd v. DVA  ...   RETALIATION  ...  DID VA RETALIATE AGAINST HER FOR BLOWING THE WHISTLE?   ...   The appellant, Debra K. Mudd, filed an IRA appeal, alleging that she disclosed that the agency's scheduling practices violated several statutory provisions and agency directives.    Specifically, the appellant claimed that on December 12, 2008, she made a protected disclosure when she asked an agency compliance officer to investigate and intervene in a dispute between the agency and certain employees, including the appellant, over the agency's scheduling practices.    She further alleged that on December 31, 2008, she made a protected disclosure when she filed a grievance under the applicable collective bargaining agreement, which alleged that such practices violated "policies and laws; Title 5, Part 3, Subpart E, Chapter 61, Subchapter I, 6101, 3(b)(c)(e) and VA Directive 5011/2 Hours of Duty and Leave 2(f)."    The compliance officer indicated in an email to the appellant dated June 15, 2009, inter alia, that, because a grievance had been filed, additional concerns should be addressed by the union.    In her Board appeal, the appellant asserted, inter alia, that, in reprisal for her protected disclosures, the agency took several personnel actions against her, including changing her schedule and failing to consider her for two vacant social worker positions for which she had applied.    The administrative judge dismissed the IRA appeal for lack of jurisdiction, finding that the appellant failed to nonfrivolously allege that she made a protected disclosure.    The appellant has filed a petition for review of this decision. The agency has not filed a response to the appellant's petition for review.   ...   Here, Mudd Appeals To MSPB:   MSPB DECISION

    4thCir:  Durden v. United States  ...  HE BROKE IN AND RAPED ME IN FRONT OF MY CHILDREN !   ...   On December 13, 2009, someone broke into Maria Durden's home on the Fort Bragg military base and raped her in front of her children.    In January 2010, U.S. Army Specialist Aaron Pernell became a suspect in Durden's rape and consented to giving a DNA sample that was used to identify him as Durden's assailant.   Pernell was also identified at that time as being involved in burglaries and sexual assaults that occurred in 2008 and 2009 in Fayetteville.    Mrs. Durden subsequently sued the government alleging that the Army was negligent and therefore is liable for the sexual assault against her.    The government moved to dismiss Durden's complaint for lack of subject matter jurisdiction and, alternatively, for failure to state a claim upon which relief can be granted.    The district court granted the government's motion with respect to subject matter jurisdiction.  ...   Here, Durden  Appeals To 4thCir:   COURT DECISION


    FedCir:  Watson v. UnitedStates  ...   INVOLUNTARY DISCHARGE  ...  MY REFUSAL FOR A 3RD DEPLOYMENT TO IRAQ WAS ILLEGAL DUE TO MY DISABILITY   ...   Richard P. Watson (plaintiff or Mr. Watson), a veteran with approximately four years of service in the United States Army (Army), brings claims against the United States (defendant) under the Military Pay Act, 37 U.S.C. § 204, and 10 U.S.C. § 1201, which governs disability retirement pay.    Mr. Watson enlisted in the Army on September 9, 2004 and served until July 11, 2008. During his service, Mr. Watson served two tours of duty in Iraq: from May through September 2005 and from August through December 2007. The Army ordered Mr. Watson to return to Iraq for a third tour of duty on December 23, 2007, but Mr. Watson refused to deploy. As a result, the Army charged and convicted Mr. Watson under the Uniform Code of Military Justice (UCMJ) for missing movement to Iraq and involuntarily discharged him under other than honorable conditions.    Plaintiff claims that the Army's August 2007 deployment of Mr. Watson to Iraq and its December 2007 order to redeploy were unlawful because Mr. Watson was not medically fit for deployment. Specifically, plaintiff alleges that, in October 2006, Mr. Watson was diagnosed with optic nerve atrophy and optic neuritis, conditions that obligated the Army to refer him to a Medical Evaluation Board (MEB) pursuant to the Army Physical Disability Evaluation System (Disability Evaluation System).    Notwithstanding its alleged obligation to do so, the Army did not refer Mr. Watson to an MEB.    According to plaintiff, Mr. Watson's August 2007 deployment to Iraq was therefore unlawful as was the Army's December 2007 order that Mr. Watson redeploy to Iraq.    Plaintiff further contends that, because the Army's redeployment order was unlawful, Mr. Watson's refusal to deploy was justified and his subsequent involuntary discharge for misconduct was also unlawful.  ...   Here, Watson  Appeals To FedCir:   COURT DECISION

   FedCir:  Carrillo v. Dhs  ...  EMPLOYMENT DISCRIMINATION  ...   DID HOMELAND DISCRIMINATE AGAINST THE HONORABLY DISCHARGED MARINE?   ...  Ben Carrillo served in the Marine Corps from 1977 to 1998 and was honorably discharged, making him a pref- erence eligible veteran. At the time of the events at issue in this case, he was employed by DHS as a grade level GS-12 Safety and Occupational Health Specialist. Mr. Carrillo's appeal centers on two DHS job announcements.    The first announced position was posted for a GS-14 Supervisory Safety and Occupational Health Manager ("supervisor position").    The second job announcement was posted for a GS-13 Safety and Occupational Health Manager position ("team-lead position").    Here, petitioner Ben Carrillo appeals from the Merit Systems Protection Board's ("Board") final decision upholding his nonselection for two positions at the Department of Homeland Security ("DHS" or "agency").   ...   Here, Lee Appeals To FedCir: COURT DECISION

    ThePeople v. Lee  ...  A WOMAN'S WORST NIGHTMARE  ...   A NIGHTIME HOMEBURGLARISING SERIAL RAPIST ON THE LOOSE   ...  Robert Charles Lee (appellant) was convicted by jury of 35 counts in connection with attacks on 10 women over a period of nearly nine years. He was sentenced to multiple life terms and a separate aggregate determinate term in state prison. On appeal, he claims the trial court erred in imposing multiple consecutive indeterminate terms of 25 years to life in violation of the Penal Code section 667.611 prohibition against consecutive sentences for multiple sexual offenses committed against the same victim on a single occasion. He also contends his constitutional rights under the Sixth Amendment to the United States Constitution were violated by his inability to confront and cross- examine witnesses who performed genetic testing, and that the evidence on certain counts was legally insufficient to sustain conviction.   ...   Here, Lee Appeals To CA2/2: CAUTIONThe Individual Accounts Are Extremely Disturbing, Proceed With Caution.   COURT DECISION

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