P  E  R  M  E  R  I  C  A  .  C O M

FLRA      FSIP      EEOC      MSPB      VA OIG

Lurrie Bell (guitar/vocal) - "Blues In My Soul"
( 3 mb )

☀       Agencies began enforcing executive orders that prevent federal union use of government offices and supplies as well as restricting representation time. (Leo Shane III/Staff) Starting July 9, federal agencies were required to begin restricting union activities and evict union representation from the federal office spaces they occupied under a series of executive orders signed by President Donald Trump just over a month earlier.     Federal Times

☀       July 13, 2018  ...  FSIP:  Comptroller of the Currency v. NTEU  ...   THIS NEGOTIABILITY CASE IS A MEATY ONE ... REALLY WORTH READING, SAVING.  ...   In or around April or May 2016, the Agency notified the Union that the 28 bargaining unit employees would be relocating from a PNC Bank located at Two PNC Plaza in Pittsburgh, Pennsylvania to another PNC Bank across the street located at One PNC Plaza in June 2017.     The Union requested impact and implementation bargaining over changes to bargaining unit employees' conditions of employment as a result of the office relocation.     The parties engaged in bilateral negotiation sessions; however, the parties were unable to reach a resolution during negotiations. They enlisted the services of the Federal Mediation and Conciliation Service (FMCS). The parties could not resolve the dispute in mediation. Accordingly, FMCS released the parties. The Union filed a request for assistance with the Panel in Case No. 17 FSIP 016.   ...   FSIP DECISION:   (.pdf)

☀       July 13, 2018  ...  FLRA:  NTEU v. Homeland (Border)  ...   The Union filed this negotiability appeal (petition) under § 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (the Statute). The case concerns the negotiability of two proposals, which would limit the rating levels the Agency uses to evaluate employees’ performance. The Agency filed a statement of position, to which the Union filed a response. The Agency did not file a reply to the Union’s response.     The main question before us is whether the proposals impermissibly affect the Agency’s rights to direct employees and assign work under § 7106(a)(2)(A) and (B) of the Statute or whether the proposals fall within an exception to those rights.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       July 13, 2018  ...  FLRA:  AFGE v. VA  ...   .  ...   GOOD-FOR-NOTHING UNION REPS THINK THEY CAN TELL MANAGEMENT WHAT TO DO !  ...   Today we address the role of collective bargaining and union representatives in matters concerning, and issues arising out of, Inspector General investigations. This is a significant issue because Inspectors General operate independently, under statutory authority, and their responsibilities under that authority may not be compromised through collective bargaining.     During an audit of the Agency’s operations, the Agency’s Office of Inspector General (OIG) gave a survey to, and conducted follow-up interviews with, certain employees. Arbitrator Stuart Lipkind found that the Agency: (1) did not violate the parties’ collective-bargaining agreement by failing to notify the Union of, and bargain over, the OIG survey; and (2) did not violate the agreement or § 7114(a)(2)(A) of the Federal Service Labor-Management Relations Statute (the Statute)[1] by failing to notify the Union of, and allow it to be represented at, the follow-up interviews. There are two main questions before us.     The first question is whether the Arbitrator erred by finding no violation with respect to the OIG survey.     The second question is whether the Arbitrator’s finding with regard to the follow‑up interviews is contrary to § 7114(a)(2)(A) of the Statute.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       TECH:  MICROSOFT UNVEILS 10-INCH SURFACE GO TABLET   64GB = $399  MicroSD = yes ... (IPAD 64GB = $699) MicroSD = NO
☀       OPM:  Guidance for Implementation of •Executive Order 13837• – Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use.
☀       OPM: Executive Order – Excepting Administrative Law Judges from the Competitive Service:    OPM

☀       July 12, 2018  ...  D.C. 2018:  Pellegrino v. TSA  ...   HORROR AT THE AIRPORT.  ...   Pellegrino and her husband, Harry Waldman, arrived at the Philadelphia International Airport, where they planned to catch a flight home to Florida.     After Pellegrino passed through a metal detector, a TSO directed her to step aside for further screening. A few minutes later, TSO Thomas Clemmons arrived and began to search Pellegrino’s bags, but because Pellegrino believed that Clemmons was treating neither her nor her bags respectfully, she asked for a private screening. According to Pellegrino, Clemmons then “walked off with a very arrogant, negative, hostile attitude,” and TSO Nuyriah Abdul-Malik came to perform the screening in Clemmons’s stead.     As Abdul-Malik prepared to search Pellegrino’s bags, Pellegrino “had the distinct feeling” that Abdul-Malik’s gloves were not clean and asked her to put on new ones. Abdul-Malik did as Pellegrino asked, but Pellegrino asserts that this request engendered hostility from Abdul-Malik. Abdul-Malik and Pellegrino then proceeded to a private screening room, where they were joined by TSA employees Laura Labbee, a supervisory TSO, and Denise Kissinger, another TSO.  ...   DECISION:  (.pdf)   (.html)

☀       July 12, 2018  ...  Ohio Court of Appeals:  Thevenin v. White Castle  ...   COURT DECISION:   (.pdf)   (.html)

☀       July 12, 2018  ...  D.C. 2018:  Said v. National Railroad Passenger Corporation  ...   COURT DECISION:   (.pdf)   (.html)

☀       July 12, 2018  ...  (D.C. 2018):  COURT DECISION:   Middleton v. United States Department of Labor  ...   COURT DECISION:   (.pdf)   (.html)

☀       July 11, 2018  ...  FSIP:  Agriculture v. AFGE  ...   AGRICULTURE'S REQUEST FOR ASSISTANCE FROM THE FEDERAL SERVICES IMPASSES PANEL (PANEL).  ...   The Department of Agriculture, Customer Service Center (Agency or Management) filed a request for assistance with the Federal Services Impasses Panel (Panel) to consider a negotiation impasse over the remaining articles in a successor collective bargaining agreement (CBA) under the Federal Service LaborManagement Relations Statute (Statute), 5 U.S.C. §7119, between it and the American Federation of Government Employees, Local 3354 (Union).     Following an investigation of the Agency's request for assistance, the Panel determined that it would assert jurisdiction over the three articles identified in the Agency's request for assistance: official time, tours of duty, and telework. ...  FLRA DECISION:  (.pdf)   (.html)

☀       July 11, 2018  ...  FLRA:  NTEU v. FCC ..  In this case, we address proposals which would subject to negotiation the level of internal security an Agency is required to adopt when moving employees from one facility to another.     This matter is before the Authority on a negotiability appeal (petition) filed by the Union under § 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (Statute). It concerns the negotiability of two proposals involving the Agency’s security procedures at two of its facilities.     The facilities are located in Powder Springs, Georgia and Livermore, California. The main question before us is whether the proposals impermissibly affect management’s right to determine internal security practices under § 7106(a)(1) of the Statute or whether they are negotiable appropriate arrangements under § 7106(b)(3) of the Statute.     Because the proposals excessively interfere with management’s right to determine internal security practices, they are not appropriate arrangements, and they are outside the duty to bargain.   DECISION:  (pdf)   (html)

☀       July 9, 2018  ...  FLRA:  Treasury (IRS) v. NTEU  ...   THE FACTS IN THIS TRAGIC STORY ARE LONG AND HAVE INVOLVED THREE ARBITRATION AWARDS.  ...   In this case, we are called upon to determine whether an employee, who pleaded guilty to manslaughter in the death of her granddaughter, should have received an outstanding performance rating after she was returned to duty by an arbitrator’s award that overturned the Agency’s removal for the grievant’s criminally negligent behavior.     The facts in this tragic story are long and have involved three arbitration awards. First, the grievant challenged her indefinite suspension and removal, and alleged a hostile work environment and reprisal under Title VII of the Civil Rights Act of 1964 (Title VII) and the parties’ collective-bargaining agreement.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       July 9, 2018  ...  FLRA:  Transportation (FAA) v. NATCA  ...   Arbitrator Kathy L. Eisenmenger issued an award finding that FAA violated Article 108, Section 4(C) of the parties’ collective-bargaining agreement (Article 108) by failing to provide a higher pay rate to a newly hired air traffic controller (the grievant). As a remedy, the Arbitrator directed FAA to pay the grievant backpay.     The main question before us is whether the Arbitrator’s interpretation of Article 108 is consistent with the plain meaning of that provision.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       July 6, 2018  ...  Fed. Cir.:  Boyd v. OPM (VA)  ...   AS A WOMAN AND NATRUAL-BORN "VICTIM," I CAN-NOT BE GUILTY OF SEXUAL HARASSING A MAN !!!  ...   Thasha A. Boyd (“Ms. Boyd”) was employed as a Veterans Service Representative at the Department of Veterans Affairs’ (“DVA”) VBA Atlanta Regional Office. Prior to her employment with the DVA, Ms. Boyd was employed at the Department of Labor (“DOL”) as an Immigration Program Analyst from May 3, 2010 to April 4, 2011. Subsequent to her departure from DOL and prior to her employment with the DVA, Ms. Boyd worked at the Internal Revenue Service.     On December 7, 2016, an employee of the Disabled American Veterans (“DAV”), Matthew Jahn (“Mr. Jahn”), filed a complaint alleging that Ms. Boyd had been making sexual advances towards him. Mr. Jahn’s complaint stated that he had informed Ms. Boyd that he was in a relationship, but that Ms. Boyd “continue[d] to harass [him],” and that “she has started to touch my leg, back, and tries to kiss my neck.” According to Mr. Jahn, Ms. Boyd also asked him whether “when [he] got home, if [he] was going to think about [having sex with] her.”   ...   COURT DECISION:   (.pdf)   (.html)

☀       July 6, 2018  ...  DcDc:  Ekemezie v. CVS  ...   YES, I'M SUING CVS FOR DISCRIMINATORY FIRING AND MY GOOD-FOR-NOTHING UNION TOO !!!.  ...   Plaintiff Blessing Ekemezie worked as a pharmacist for CVS Pharmacy, Inc. (“CVS”) for twenty-five years, until she was fired on September 12, 2015. She claims that her firing violated federal and District of Columbia law for several reasons, including that it breached the collective bargaining agreement governing her employment and that it was the product of unlawful age- and race-based discrimination. CVS, for its part, asserts that the firing was justified by repeated instances of poor performance. Ekemezie also claims that her union, United Food & Commercial Workers Local 400 (“Local 400”), improperly declined to pursue a grievance on her behalf against CVS.  ...   COURT DECISION:   (.pdf)   (.html)

☀       July 2, 2018  ...  FLRA:  Navy v. MM&S  ...   The grievants are civil-service mariners serving on the Mercy, a hospital-service support ship assigned to the Military Sealift Command of PACOM during specialized humanitarian missions throughout the South Pacific.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       July 2, 2018  ...  FLRA:  AFGE v. EPA  ...   In this case, we consider whether an arbitrator properly applied federal law in determining that the Agency did not discriminate against the grievant when it did not select her for a promotion.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       June 29, 2018  ...  FLRA:  Defense v. FEA  ...   FEA (Union) filed a ULP charge alleging that the Respondent (Agency) failed to comply with a 2003 arbitration award. Based on that charge, the Acting Regional Director (RD) of FLRA’s Washington Regional Office issued a complaint alleging that the Agency violated § 7116(a)(1) and (8) of the Federal Service Labor-Management Relations Statute (the Statute).     In the attached decision, an FLRA Administrative Law Judge (the Judge) determined, as relevant here, that the Union’s ULP charge was timely. The main question before us is whether the Judge erred in making that determination.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       June 29, 2018  ...  FLRA:  SBA v. AFGE  ...   ALL THIS INCOMPETENT ARBITRATOR KNOWS IS THAT SHE HATES MANAGEMENT.  ...   Arbitrator Sherry R. Wetsch issued an award finding that SBA violated several articles of the parties’ master collective-bargaining agreement (master agreement) and § 7116 of the Federal Service Labor-Management Relations Statute (the Statute).    Because the Arbitrator’s various conclusions are so unclear and unsupported that we cannot determine whether the award is deficient on the grounds raised by the Agency’s exceptions, we remand the award to the parties for resubmission to the Arbitrator for clarification of the award. ..  FLRA DECISION:  (.pdf)   (.html)

☀       June 27, 2018  ...  SUPREME COURT BARS MANDATORY UNION FEES FOR NON-MEMBERS  Janus v. AFSCME  ..  NPR Law Blog  ..  SCOTUS Blog

☀       June 27, 2018  ...  6th Cir.:  U.S. v. Johnson  ...   BLACK PROSTITUTE-THIEF, ROBS A BLACK FELON FOR $9,800 ... BLACK FELON ROBS HIS $9,800 BACK.   ...   In February 2016, a man robbed Nicola Gray at gunpoint. According to Gray, the robber followed her to her car as she was leaving a Memphis gas station, brandished his gun, demanded her money, and took her purse, which contained $9,800. When Gray chased after him, he shot at her and missed. She chased him in a car and memorized his license plate. Then she called the police.   ...   Kiunte Johnson pled guilty to being a felon in possession of a firearm and ammunition.   He appeals his sentence, arguing that the district court miscalculated his Sentencing Guidelines range by erroneously crediting an (allegedly) unreliable witness.     COURT DECISION:   (.pdf)   (.html)

☀       June 26, 2018  ...  SUPREME COURT UPHOLDS TRUMP TRAVEL BAND (Iran, Libya, Somalia, Syria, Yemen)  Trump v. Hawaii  ..  NPR Law Blog  ..  SCOTUS Blog

☀       June 26, 2018  ...  11th Cir.:  Wilcox v. Corrections Corporation of America  ...   Felecia Wilcox sued her employer, Corrections Corporation of America, for sexual harassment resulting in a hostile work environment under Title VII of the Civil Rights Act. She claimed that her co-worker slapped her behind.  ..  DECISION:  (.pdf)   (.html)

☀       June 26, 2018  ...  DcDc:  Hudson v. AFGE  ...   AFGE TREATS ITS BLACK EMPLOYEES WORST THAN MANAGEMENT ?  ...   Plaintiff Eugene Hudson, former National Secretary-Treasurer for Defendant American Federation of Government Employees, challenges his removal from that office under two federal statutes and D.C. contract law.     This case has now wound its way through three preliminary- injunction motions, a motion to dismiss, and an amended complaint. In this iteration of the litigation, AFGE again moves to dismiss.     Finding that Plaintiff has stated a facially plausible claim on all but one count, the Court will largely deny the Motion. ..  COURT DECISION:  (.pdf)   (.html)

☀       June 26, 2018  ...  FLRA:  AFGE v. Air Force  ...   CASE ABOUT AN AGENCY-FILED GRIEVANCE.  ...   The Agency filed a grievance alleging that the president abused official time[1] and violated the parties’ collective-bargaining agreement because he worked outside of his approved tour of duty without authorization. ..  DECISION:   (.pdf)   (.html)

☀       June 25, 2018  ...  FLRA:  AFGE v. JUSTICE (Prisons)  ...   The Agency employs custody employees and non-custody employees. When custody employees are given special assignments outside of their regular work duties, the Agency often backfills by using other custody employees on overtime. Under certain circumstances, however, the Agency “augment[s]” – reassigns non-custody employees to temporarily perform the custody employees’ duties – in order to avoid using overtime. The parties have a MOU that addresses the circumstances under which augmentation can be used instead of assigning overtime.     The Union filed a grievance, claiming that the Agency changed the established overtime procedures by using non-custody employees to work shifts that previously would have been available to custody employees on overtime.  ...  DECISION:   (.pdf)   (.html)

☀       June 25, 2018  ...  FLRA:  VA (San Diego) v. NAGE  ...   In this case, the Authority vacates an award wherein Arbitrator Gerald Burke orders, for a sympathetic grievant, what amounts to ten-years-worth of monetary awards without ever finding that the Agency violated any law or the parties’ agreement.     Specifically, the Arbitrator found that, over the course of ten years, the grievant, a program support analyst, performed duties outside of her position description. Although the Arbitrator recognized that he did not have any authority to award the grievant a quality step increase, time-off award, or backpay, he nonetheless awarded the grievant $5000 as a “special contribution” or “spot” award. ...  DECISION:   (.pdf)   (.html)

☀       June 21, 2018  ...  Supreme Court:  THE SUPREME COURT RULES STATES MAY TAX ONLINE RETAILERS:   South Dakota v, Wayfair   ...   NPR Law Blog

☀       June 20, 2018  ...  7th Cir.:  Delgado v. MSPB  ...   SEVENTH CIRCUIT SMACKS DOWN OSC AND MSPB.  ...   Adam Delgado is a special agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives. He alleges that his supervisors retaliated against him after he reported his suspicions that another agent had improperly shot at a fleeing suspect, provided an inaccurate report of the incident, and testified falsely about it in a federal criminal trial.     Delgado filed a whistleblower complaint with the Office of Special Counsel (OSC). The OSC declined to investigate.     Delgado then appealed to the Merit Systems Protection Board, but the Board dismissed his appeal for lack of jurisdiction.     SEVENTH CIRCUIT:  We find that the OSC and the Board applied unduly stringent and, we believe, arbitrary requirements on Delgado.  ...  DECISION:   (.pdf)   (.html)

☀       June 19, 2018  ...  VAOIG:  ALLEGED MISMANAGEMENT OF INPATIENT CARE [...] VA MEDICAL CENTER [...] TOPEKA, KANSAS.       The Office of Inspector General (OIG) conducted a healthcare inspection at the Colmery-O’Neil VA Medical Center (Facility) in Topeka, Kansas, regarding an anonymous complainant’s allegations that physicians were practicing beyond their clinical privileges and expertise; physicians failed to seek assistance from specialists, thus placing patients at risk; and a nurse practitioner did not have physicians’ help or supervision for the inpatient medical service.      Summary   Report

☀       June 19, 2018  ...  FLRA:  Homeland (Imig & Cust) v. AFGE  ...   STATEMENT OF THE CASE:   In this case, the Agency sought to correct an unlawful practice under which nearly all law enforcement officers that it employed – approximately 5000 employees − were being paid excessive amounts of administratively uncontrollable overtime (AUO) on an ongoing basis to which they were not entitled. The Union grieved when the Agency did not bargain with the Union before it stopped the unlawful practice.     The Agency changed how it computed AUO after it was directed to bring its computation method into compliance with applicable government-wide regulations. Arbitrator Jeffrey J. Goodfriend found that the Agency violated the parties’ collective-bargaining agreement and committed an unfair labor practice (ULP) under § 7116 of the Federal Service Labor-Management Relations Statute (the Statute)[1] by not bargaining with the Union before making the change.     The question before us is whether the Arbitrator’s award is contrary to law. We find that the Agency’s former method of computing AUO entitlements was contrary to government-wide regulations. Because the Agency was not required to bargain before changing that unlawful practice, the Agency did not commit a ULP. Therefore, the award is contrary to law.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       June 15, 2018  ...  JUSTICE OIG:  REPORT ON VARIOUS ACTIONS BY FBI AND JUSTICE IN ADVANCE OF THE 2016 ELECTION.    Department of Justice (DOJ) Inspector General Michael E. Horowitz announced today the release of a report examining various actions by the Federal Bureau of Investigation (FBI) and the DOJ in advance of the 2016 election in connection with the investigation into former Secretary of State Hillary Clinton’s use of a private email server (referred to by the FBI and DOJ as the “Midyear” investigation).    The DOJ Office of the Inspector General’s (OIG) findings are summarized in detail in the report’s Executive Summary, included below.   Summary   Report

☀       June 14, 2018  ...  VAOIG:  ADMINISTRATIVE INVESTIGATION: ALLEGED MISUSE OF VA POSITION AND RESOURCES.       The VA Office of Inspector General (OIG) received allegations that a senior manager at a VA medical facility abused their position and VA resources. The senior manager allegedly instructed a subordinate to provide the senior manager’s family member with additional daily Home-Based Primary Care (HBPC) home nursing visits as well as additional fee-basis homemaker services. More specifically, the complainant alleged that the senior manager requested these services be provided to his/her family member while the senior manager was on vacation.      Summary   Report

☀       June 14, 2018  ...  FLRA:  AFGE v. SSA  ...   As a preliminary matter, §§ 2425.4(c) and 2429.5 of the Authority’s Regulations bar consideration of the grievant’s exceptions that the award is contrary to 5 U.S.C. § 4301 and 43 C.F.R. § 430.207.[5] Neither the record nor the award indicates that the Union made any allegation that the Agency’s actions were contrary to law. The Union should have known to raise these arguments before the Arbitrator, but the record does not reflect that the Union did so. ..  FLRA DECISION:  (.pdf)   (.html)

☀       June 13, 2018  ...  9th Cir.:  Campbell v. Edu-Hi  ...   HIGH SCHOOL HELL !  ...   We must decide whether a high school teacher who was verbally harassed by her students has identified sufficient evidence to support claims for violations of her federal civil rights against the public school system that employed her.     Patricia Campbell was employed by the Hawaii Department of Education (DOE) from 2000 until she resigned in July 2009. From 2004 through 2007, Campbell taught music and band at King Kekaulike High School (KKHS) on the island of Maui.     Campbell alleges that, throughout her time at KKHS, she was frequently harassed and degraded by students on the basis of her race (white) and her sex (female). She alleges that students called her a slew of offensive names, including “fucking weirdo,” “cunt,” “bitch,” and “fucking haole.” 1 According to Campbell, she was even physically threatened by one student who claimed to have a gun.     Campbell routinely reported the students’ misconduct to DOE administration.  ...  DECISION:  (.pdf)   (.html)

☀       June 11, 2018    ...   UPCOMING FLRA TRAINING (Dallas, Atlanta, Durham).  ...   Status : OPEN

☀       June 11, 2018  ...  Cal. Ct. App.:  Camacho v. Target  ...   Plaintiff Adrian Camacho appeals on his causes of action for discrimination based on sexual orientation, harassment causing a hostile work environment, failure to prevent harassment and discrimination, retaliation, constructive termination in violation of public policy, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent hiring, supervision, and retention, etc.   ...   COURT DECISION:   (.pdf)   (.html)

☀       June 11, 2018  ...  FLRA:  Homeland (Prisons) v. AFGE  ...   ANOTHER CROOKED UNION-LOVIN ARBITRATOR HAS TO BE SMACKED BACK TO REALITY.  ...   This case returns to the Authority for a second time to resolve whether the Agency had an obligation to notify and bargain with the Union before it modified the application of its shift-trade procedure.     In the first decision, the Authority determined that the matter was covered by Article 28 and the Agency had no statutory obligation to bargain under those circumstances.     However, the majority decided to remand the matter to the Arbitrator for him to address a “critical ambiguity” concerning whether the Arbitrator intended to find that Article 3 of the parties’ collective-bargaining agreement created a separate bargaining obligation.     In his remand award, Arbitrator T. Zane Reeves again concluded that the Agency violated Article 3 of the parties’ agreement when it neither informed nor negotiated with the Union prior to implementing the modified shift-trade procedure.    FLRA DECISION:   (.pdf)   (.html)

☀       June 7, 2018  ...  FSIP:  Defense Logistics Agency  v. AFGE  ...   The Agency filed a request for assistance, under the Federal Service Labor-Management Relations Statute (Statute), 5 U.S.C. §7119, with the Federal Services Impasses Panel (Panel) to consider a negotiations impasse over a provision that had been disallowed on Agency Head Review (Article 20 C.2.a). The Union was also seeking assistance with additional provisions in the parties' Article 20 that was not in agreement between the parties.     Following an investigation of the Agency's request for assistance, the Panel determined that it would assert jurisdiction over the dispute concerning Article 20 C.2.a. Under 5 C.F.R. §2471.6 (a)(2) of its regulations, the Panel determined that it would resolve the impasse through a Written Submission procedure, with opportunity for rebuttal statements The parties were informed that, after considering the entire record, the Panel would take whatever action it deemed appropriate to resolve the dispute, which may include issuance of a binding decision. The parties were also advised that the Panel declined jurisdiction over the remaining provisions in Article 20 presented by the Union. The Panel has now considered the entire record, including the parties' final offers, written submissions, and the rebuttal statements.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       June 7, 2018  ...  5th Cir.:  Kinard v. Dish Network  ...   The Regional Director of the National Labor Relations Board sued DISH Network Corp., seeking an injunction against unilateral changes to employee wages during collective bargaining. The district court granted the injunction in part.     Both DISH and the Board appealed.   ...   (.pdf)   (.html)

☀       June 6, 2018  ...  D.C.:  Brookens v. AFGE  ...   Defendant American Federation of Government Employees (“AFGE”) placed one of its local chapters, Local 12, under trusteeship and cancelled the Local 12 elections of officers that were scheduled to take place two weeks later.     Plaintiff Benoit Brookens, proceeding pro se, had planned to run for several positions and, after the elections were cancelled, he filed this action in D.C. Superior Court challenging the imposition of trusteeship.     AFGE removed the case to this Court, and has now moved to dismiss for lack of standing and for failure to state a claim..  ...   COURT DECISION:   (.pdf)   (.html)

☀       June 5, 2018  ...  Supreme Court:  THE SUPREMES ISSUE FIVE OPINIONS:   Decisions   ...   SCOTUS Blog Analysis

☀       June 5, 2018  ...  11th Cir.:  U.S. (SSA) v. Whitaker  ...   SHE FEELS LIKE A VICTIM OF THE SYSTEM THAT CONVICTED HER FOR SOCIAL SECURITY FRAUD.  ...   Tracy Whitaker appeals her convictions for theft of government funds, 18 U.S.C. § 641, and for making false statements, 18 U.S.C. § 1001(a). Briefly stated, Whitaker’s convictions stem from her misuse of Social Security disability benefits she received on behalf of her minor daughter (as her daughter’s representative payee)     [ She received monthly SSA disability payments based on her fraudulent representation that she was the custodial parent of her disabled daughter. ]   ...   COURT DECISION:   (.pdf)   (.html)

☀       June 4, 2018  ...  SCOTUS:  SUPREME COURT SIDES WITH "CHRISTIAN" BAKER WHO REFUSED TO BAKE A "GAY" CAKE. Gays who like to eat yummy delicious cake, Rejoice at not having to wonder whats in the cake.

☀       June 1, 2018  ...  FLRA:  Defense (MDA) v. AFGE  ...   The Agency denied the Union’s request to host events, specifically “lunch and learns,”[1] in a ground floor hallway of an Agency-controlled building.     The Federal Labor Relations Authority’s (FLRA’s) General Counsel (GC) issued a complaint alleging that the Agency committed an unfair labor practice (ULP) under § 7116(a)(1) of the Federal Service Labor-Management Relations Statute (the Statute)[2] by denying the Union’s request to access its building.     The parties each filed summary-judgment motions before FLRA Chief Administrative Law Judge Charles R. Center (Judge).   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 30, 2018  ...  FLRA:  AFGE v. Agriculture (Food Safety)  ...   UNFAIR LABOR PRACTICE ?  ...   This is an unfair labor practice proceeding under the Federal Service Labor-Management Relations Statute, 5 U.S.C. §§ 7101-7135 (Statute), and the Rules and Regulations of the Federal Labor Relations Authority (FLRA/Authority), part 2423.     On June 29, 2017, the Department of Agriculture, Food Safety and Inspection Service (Agency) filed an unfair labor practice (ULP) charge against the American Federation of Government Employees, National Joint Council of Food Inspection Locals, AFL-CIO (Respondent/Union). After conducting an investigation, the Regional Director of the Washington Region of the FLRA issued a Complaint and Notice of Hearing on November 15, 2017, alleging that the Respondent violated § 7116(b)(1) and (5) of the Statute by refusing to negotiate over a new successor master agreement. In its Answer to the Complaint, dated November 29, 2017, the Respondent admitted some of the factual allegations, but denied that it violated the Statute.     A hearing was conducted on February 22, 2018, in Washington D.C. All parties were represented and afforded an opportunity to be heard, to introduce evidence, and to examine witnesses. The GC and Respondent filed post-hearing briefs, which I have fully considered.     Based on the entire record, including my observation of the witnesses and their demeanor, I find that the Union violated § 7116(b)(1) and (5) of the Statute by refusing to participate in the negotiation of a new master agreement. In support of this determination, I make the following findings of fact, conclusions of law, and recommendations.   ...   FLRA DECISION:  (pdf)   (.html)

☀       May 29, 2018  ...  FLRA:  HUD v. AFGE  ...   AFGE filed a grievance alleging that the HUD had improperly advertised and filled positions with a promotion potential to General Schedule (GS)-13 in a manner that deprived GS-12 bargaining-unit employees of the opportunity to be non-competitively promoted to the GS-13 level. As a remedy, AFGE requested promotion potential to the GS-13 level “for all similarly situated employees” at the GS-12 level.     The Agency argued that the grievance concerned classification and was therefore not arbitrable under § 7121(c)(5) and a provision in the parties’ collective-bargaining agreement. The parties submitted one issue to the Arbitrator: whether the grievance was arbitrable.     THE BIASED UNION-LOVING ARBITRATOR: The Arbitrator determined that the grievance did not concern classification but rather “the fairness of advertisements and vacancy announcements,”[5] even though the remedy requested by AFGE was the “reassignment of employees to reclassified positions.”     HUD filed exceptions.  ...  DECISION:  (pdf)   (html)

☀       May 25, 2018  ...  FLRA:  IAFF v. ARMY  ..  The Agency issued an employee (the grievant) a letter of reprimand, and the Union filed a grievance. Subsequently, the grievant was separated from federal service. Because the grievant was no longer a federal employee, Arbitrator James R. Bailey issued an award closing the grievance. There are two questions before us.     The first question is whether the award fails to draw its essence from the parties’ collective-bargaining agreement.     The second question is whether the Arbitrator’s interpretation of the agreement is contrary to the Union’s right to pursue grievances under § 7121(b)(1)(C)(i) of the FLRA Statute.  ..  FLRA DECISION:  (.pdf)   (.html)

☀       May 24, 2018  ...  FLRA:  Justice (Prisons) v. AFGE  ...  On July 15, 2017, Arbitrator George E. Larney issued an award finding that the Agency violated the parties’ collective-bargaining agreement by leaving cook-supervisor shifts vacant or assigning those shifts to non-bargaining-unit employees, rather than assigning the shifts to bargaining-unit employees (the grievants) on an overtime basis.     As remedies, the Arbitrator ordered the Agency to: stop vacating shifts for the purpose of avoiding paying the grievants overtime; reinstate the established procedure used to fill vacated shifts; and pay the grievants for lost overtime opportunities.     The main question before us is whether the Arbitrator’s determination that the Agency could not assign cook-supervisor shifts to non-unit employees or leave the shifts vacant based on “economic reasons” is contrary to management’s right to assign work under § 7106(a)(2)(B) of the FLRA Statute.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 23, 2018  ...  D.C.:  Daniels v. Wilkie (VA Danville, Ill)  ...   Plaintiff Reginald Daniels brings this action against Robert Wilkie, in his official capacity as Acting Secretary of the United States Department of Veterans Affairs (“VA”), alleging violations of the Civil Rights Act, the Reh Act, VEVRAA, WPA, HIPAA, and the 1st, 5th, and 14th Amendments to the United States Constitution.     FACTUAL BACKGROUND     Plaintiff Reginald Daniels is an African-American veteran with multiple psychological diagnoses. See Compl. After serving as a U.S. Navy chaplain for approximately eighteen years, Mr. Daniels was hired as a chaplain by Veterans Affairs Illiana Health Care System (“VA-IHCS”) in Danville, Illinois.     Mr. Daniels suffers from Borderline Asperger Syndrome, a developmental disorder that limits his ability to effectively socialize and communicate. Due to this disorder, during his time as a chaplain, Mr. Daniels often offended people by involuntarily using unfiltered words and phrases, such as “seductive,” “extra-marital affairs,” “sensual,” “whorehouse,” “brothel,” and “wet T-shirt.”     Mr. Daniels’s supervisor advised him not to use profanity when talking with other staff members, and especially with female staff members.     Mr. Daniels alleges that during his employment Defendant failed to provide him with reasonable accommodations for his “abnormal” mode of communication.  ...   COURT DECISION:   (.pdf)   (.html)

☀       May 23, 2018  ...  5th Cir.:  Davenport v. Jones & Co  ...   Tyanne Davenport (“Davenport”) appeals the district court’s order granting summary judgment in favor of Davenport’s former employer on her to claims of quid pro quo sexual harassment [...]     The district court dismissed Davenport’s constructive discharge quid pro quo claim because it was unexhausted and dismissed Davenport’s bonus-based quid pro quo claim because, it concluded, this circuit does not recognize quid pro quo sexual harassment claims based on a supervisor’s request that a subordinate date a third-party in exchange for monetary bonuses.     The district court found that, in any event, Davenport had not offered sufficient evidence to create a genuine dispute as to whether she was denied a bonus, i.e., whether she suffered the tangible employment action required to make a quid pro quo Title VII claim actionable.   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 23, 2018  ...  1st Cir.:  Irobe v. AgricultureE  ...   IN VIOLATION OF THE PROVISIONS OF THE SNAP (Food Stamp) PROGRAM ?  ...   This appeal challenges a finding by the United States Department of Agriculture (USDA), echoed on de novo review by the district court, that a grocery store unlawfully trafficked in Supplemental Nutrition Assistance Program (SNAP) benefits.     The plaintiffs are Mahdi Irobe and Suuqa Bakaro Grocery (a grocery store in Lewiston, Maine, catering principally to that community's sizeable Somali immigrant population).     The Store is diminutive: it is only about 800 square feet in size, lacks shopping baskets or carts, and contains a single 2.5-by-1.5-foot-long checkout counter.     It carries minimal amounts of fresh produce and frozen foods and does not offer many of the staples commonly found in markets (such as baby food, eggs, and fresh bread).     In lieu of such staples, the Store offers Somali delicacies like goat and camel meat, along with certain nonperishables like sugar, flour, rice, pasta, and cooking oil.     Our task requires us to decide, among other things, if the burden of proof was properly placed on the grocer.   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 21, 2018   Supreme Court Opinion:   Epic Systems Corp. V. Lewis  ...   EMPLOYERS PREVAIL IN ARBITRATION CASE ... CONSERVATIVE JUSTICES UPHOLD MANDATORY EMPLOYMENT ARBITRATION CLAUSES.  ...   the Supreme Court ruled, by a vote of 5-4, that employers can include a clause in their employment contracts that requires employees to arbitrate their disputes individually, and to waive the right to resolve those disputes through joint legal proceedings instead. Although it likely won’t garner the attention that some of this term’s other cases will receive, the decision was a huge victory for employers, because it could significantly reduce the number of claims against them.     Scotus Blog   ...   SUPREME COURT DECISION:   (.pdf)   (.html)

☀       May 18, 2018  ...  D.C.:  Nunnally v. DC Police  ...   Ronda Nunnally is a former lieutenant in the Washington DC Metropolitan Police Department (MPD).    In 2004, Ronda Nunnally filed an internal MPD complaint alleging that she was being sexually harassed by her supervisor. Nunnally subsequently reported that she had undergone several years of workplace stress and abuse related to the sexual harassment and to retaliation for reporting it.     Nunnally was retired on disability by the District of Columbia Police and Firefighters' Retirement and Relief Board.     She seeks review of the Board‘s decision that her injury was not incurred in the performance of duty and that she is therefore not entitled to more generous retirement benefits.   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 17, 2018  ...  5th Cir.:  Gonzales v. Wells Fargo  ...   Beatrice Gonzales appeals the district court’s dismissal of her claims against her onetime employer, Wells Fargo Bank, National Association, for discrimination in violation of the Age Discrimination in Employment Act (“ADEA”).  ...   COURT DECISION:   (.pdf)   (.html)

☀       May 17, 2018  ...  FLRA:  VA (St. Petersburg) v. AFGE  ...   Arbitrator Richard John Miller issued an award (first award) in Department of VA, St. Petersburg Regional Benefit Office ( VA I ) finding that the Agency did not provide the Union with adequate office space and access to that office and, thereby, violated the parties’ collective-bargaining agreement and a memorandum of understanding (MOU).     As relevant here, the Arbitrator ordered the Agency, as part of the remedy, to grant a Union vice president a personal-identity-verification (PIV) card.     The Agency filed exceptions to the first award.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 17, 2018  ...  FLRA:  Kearns v. FAA  ...   Since 2012, Plaintiff Kevin Kearns has been the subject of a number of complaints regarding his conduct at the Federal Aviation Administration. Concerned that such allegations would stymie his future career prospects, Kearns sought documents under the Freedom of Information Act relating to his tenure at the FAA. Filing his first FOIA request in July 2015, followed by a FOIA and Privacy Act request in November 2015, and a third under both statutes in 2016, Kearns sought various agency files and reports he asserts may contain false information.     In response, the agency provided Plaintiff with an Accountability Board case report and with two Reports of Investigation and related attachments. These documents detail a series of inquiries into Kearns’s conduct at the FAA, including allegations that he had discriminated on the basis of gender and sexual orientation.     The case reports and investigation files were not, however, provided in full. Instead, the agency redacted certain portions of the reports and withheld pages from the files.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 16, 2018  ...  D.C. Cir.:  Drielak v. Scott Pruitt  ...   Drielak brought this action claiming that his supervisors at the Environmental Protection Agency discriminated against him because of his age, in violation of the Age Discrimination in Employment Act.     EPA hired Drielak in 2003 as a law-enforcement specialist within the agency’s Office of Criminal Enforcement, Forensics, and Training. He was then 50 years old. For the next seven years, Drielak rose through the ranks, eventually becoming Director of the Homeland Security Division in the Criminal Enforcement Office. In 2010, as part of an agency-wide restructuring, EPA eliminated the Homeland Security Division. The director of the Criminal Enforcement Office reassigned Drielak to the Office’s Field Operations Program.     From 2010 through 2012, Drielak unsuccessfully applied for open positions in the Criminal Enforcement Office. Each time, the agency selected someone younger than Drielak.   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 15, 2018  ...  Supreme Court Opinions:  ...   Murphy V. National Collegiate Athletic Association , in which the Supreme Court struck down a federal law that prohibited the states from legalizing sports gambling.     Mccoy V. Louisiana , in which the Supreme Court threw out the conviction and death sentence of a Louisiana inmate whose attorney had conceded the inmate’s guilt to the jury over the inmate’s explicit objection.     Byrd V. United States , in which the Supreme Court ruled that a driver who has permission to use a rental car is generally entitled to the same protections under the Fourth Amendment as the driver who rented the car.
See Scotusblog Discussion   ...   See Supreme Court Decisions

☀       OPM:  IMPLEMENTING USC 3322 POLICY GUIDANCE: ... requires an agency to make a permanent notation in the personnel record file of an employee who ... resigns prior to the resolution of  (1)  An investigation by an Inspector General;  (2)  An adverse personnel action under chapter 43 (performance) or chapter 75 (misconduct).   OPM

A.   UPS does not dispute that Faidley’s physical impairments were disabling. To be a qualified individual under the ADA, Faidley must “possess the requisite skill, education, experience, and training for [his] position.” (quotation omitted). UPS also does not dispute that Faidley possessed the requisite skill, education, experience and training to continue performing his package car driver position.     B.   Faidley further argues that UPS failed to reasonably accommodate him when it did not offer the feeder driver position identified by Human Resources Director Blood in preparing for the July 2012 accommodation checklist meeting with Faidley.     C.   Turning to the 2013 claim of disability discrimination, Faidley argues that UPS violated the ADA when it refused to accommodate Dr. Goetz’s temporary restrictions of working four hours per day for five weeks at the combined loaderpreloader job Faidley won after Dr. Goetz eliminated the permanent eight-hour per day restriction in January 2013.     D.   Finally, Faidley argues the district court erred in granting summary judgment on his claim that UPS committed disability discrimination by failing to engage in good faith in the required interactive accommodation process. .. COURT DECISION:  (pdf)   (html)

☀       May 10 2018  ...  FLRA:  SPORT ATC v. Air Force (Edwards)  ...   In this case, the parties initiated the process to negotiate ground rules for the renegotiation of a new collective-bargaining agreement.     The process stalled because the Union refused to accept the delegation of authority as presented by any of the management officials designated to serve on the management team by the installation commander. The Agency then filed a charge, alleging an unfair labor practice (ULP).     In the attached decision, Federal Labor Relations Authority (FLRA) Administrative Law Judge Charles R. Center (the Judge) found that the Union violated § 7116(b)(5) of the Federal Service Labor-Management Relations Statute (the Statute).     The Union has filed exceptions to the Judge’s decision.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 10 2018  ...  FLRA:  NAIL v. Defense (DLA)  ...   Arbitrator Stephen D. Owens found that the Union’s grievance was not procedurally arbitrable because it was untimely filed. There are four questions before us.     The first question is whether the award’s procedural-arbitrability determination fails to draw its essence from Article 30 of the parties’ collective-bargaining agreement (agreement).     The second question is whether the award is based on a nonfact because the Arbitrator did not find a continuing violation.     The third question is whether the award is contrary to Authority precedent regarding continuing violations in pay disputes.     The fourth question is whether the Union’s remaining exceptions demonstrate that the award is contrary to public policy, or show that the Arbitrator exceeded his authority.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 9, 2018  ...  FLRA:  AFGE v. USMC (Marines)  ...   In May 2015, the Marines announced an overtime opportunity, for which an employee (the grievant) and an Agency supervisor volunteered.     The Marines assigned the overtime shift to the supervisor. On September 3, 2016, Arbitrator Anthony Miller issued an award finding, as relevant here, that the Agency did not violate the original MOU by failing to assign the overtime shift to the grievant. There are two questions before us.     The first question is whether the award is contrary to § 7114(c) of the Federal Service Labor-Management Relations Statute (the Statute)[1] because the Arbitrator applied the original MOU – as opposed to the revised MOU – to resolve the grievance.     The second question is whether the award fails to draw its essence from the master agreement.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 9, 2018  ...  FLRA:  VA (Asheville) v. AFGE  ...   The grievant, a general schedule (GS)-12 audiologist, established a tinnitus-management program at the Agency. AFGE filed a grievance alleging that the grievant’s tinnitus-management duties entitled her to a temporary promotion under Article 12. The parties could not resolve the grievance, and AFGE invoked arbitration.     Arbitrator Dennis R. Nolan issued an award finding that VA violated Article 12 of the parties’ collective-bargaining agreement (Article 12) by failing to temporarily promote an employee (the grievant).     As a remedy, the Arbitrator awarded the grievant a temporary promotion with backpay.     VA filed exceptions to the award, and AFGE filed an opposition.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 8, 2018  ...  FLRA:  Treasury (IRS) v. NTEU  ...   The Internal Revenue Service (IRS) suspended the grievant for fourteen days for fighting with another employee.     On September 17, 2017, Arbitrator Norman Bennett issued an award, denying and granting the grievance in part, and found that a suspension was appropriate.     However, he reduced it to seven days because IRS had improperly considered an expired letter of reprimand as an aggravating factor.     IRS filed exceptions and argues that the award is contrary to an Agency-wide regulation, the Internal Revenue Manual (IRM), and to Merit Systems Protection Board (MSPB) precedent.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 8, 2018  ...  3rd Cir.:  Lamb v. Montgomery  ...   WHITE FEMALE (VICTIM) FIRED FOR IPHONE THEFT AFTER KEYSTONE-COP INVESTIGATION.  ...   Lamb worked in Montgomery Township’s Public Works Department (“PWD”) for 15 years. She was fired in 2013 after internal and police investigations concluded that she had stolen her supervisor’s iPhone.     The Township began an investigation after Lamb’s immediate supervisor, Glenn Heberlig, reported to Costello that his iPhone had disappeared from the employee break room.     The Township Police were called to investigate.  ...   COURT DECISION:   (.pdf)   (.html)

☀       May 7, 2018  ...  Fed. Cir.:  Kruise v. Army  ...   In September 2006, Jay Kruise was employed as an Information Technology Specialist by the Department of the Army (“agency”).     On November 21, 2006, the agency indefinitely suspended him from duty without pay pending a final determination regarding the revocation of his security clearance.     He appealed his indefinite suspension to the Board. In February 2007, the administrative judge affirmed the agency’s action.     Mr. Kruise filed the Board appeal at issue here in September 2017, seeking back pay from the date of his indefinite suspension in 2006 through his reinstatement in July 2007.     Mr. Kruise appeals the Merit Systems Protection Board’s (“Board”) dismissal of his appeal based on claim preclusion and the payment limitation provision of the Back Pay Act.   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 7, 2018  ...  FLRA:  EPA v. NTEU  ...   The Union is the certified exclusive representative of a bargaining unit of, in relevant part, “[a]ll professional employees of the [Agency] employed by and located at the [h]eadquarters [o]ffices, Washington, D.C., [m]etropolitan area.”     When the employee began working for the Agency, her official duty station was D.C., and she was in the DC bargaining unit. After the Agency began allowing the employee to telework full-time, she relocated to Buckley, Washington (Buckley). The Agency changed her official duty station from D.C. to Buckley, Washington and removed her from the DC bargaining unit.     On October 6, 2017, the Union filed a petition with the FLRA’s Washington Regional Office to clarify whether the employee’s position continues to be in the DC bargaining unit.     The RD found that the employee is excluded from the DC bargaining unit.     The Union filed an application for review of the RD’s decision.    FLRA DECISION:   (.pdf)   (.html)

☀       May 4, 2018  ...  FLRA:  Homeland v. AFGE  ...   The grievant is a border patrol agent who was arrested off duty on suspicion of driving under the influence of alcohol (DUI). When he returned to work, the Agency assigned him to administrative duty, pending its review of his arrest. While assigned to administrative duty, the grievant was ineligible for the overtime and shift differentials that he earned when assigned to his regular duty.     On July 24, 2017, Arbitrator Angela D. McKee issued an award finding that the Agency violated an Agency directive when it assigned an employee (the grievant) to administrative duty following his arrest.     The question before us is whether the Arbitrator’s award is contrary to the Agency directive.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 4, 2018  ...  FLRA:  AFGE v. VA (Houston)  ...   The Union filed a grievance on September 9, 2016 when the Agency instructed its supervisors regarding overtime eligibility. The instruction effectively precluded any further approval for health technicians to work overtime as nursing assistants, positions they formerly held.     According to the Union, the Agency was required to, but did not, provide it notice and an opportunity to bargain “prior to changing a condition of employment.”[1]     Arbitrator Paul Chapdelaine found that the Agency’s actions did not violate any provision of the parties’ collective‑bargaining agreement, and he denied the grievance.     The Union argues that the Agency had a statutory obligation to respond to the Union’s demand to bargain.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 4, 2018  ...  FLRA:  SBA v. AFGE  ...   Six months after invoking arbitration on a grievance, the Union submitted a form to the Agency to jointly request a panel of arbitrators from the Federal Mediation and Conciliation Service (FMCS). On January 3, 2017, Arbitrator Barton W. Bloom issued an award finding that the Union’s submission was untimely under Article 40 of the parties’ master collective‑bargaining agreement. Nonetheless, the Arbitrator determined that the grievance was procedurally arbitrable, and he resolved it on the merits.     The main issue before us is whether the Arbitrator’s determination that the grievance was procedurally arbitrable fails to draw its essence from the parties’ agreement.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 3, 2018  ...  C.A.C.:  State v. Vega  ...   NO, THIS IS NOT A TV SCRIPT: A BAR FIGHT, A WOMAN, A PISTOL, A HOME INVASION, A MURDER.    After a bar fight, the defendant and another man had broken into the apartment of E after E and several of his friends, including P and K, returned to the apartment from a bar where the defendant had punched E and fought with P.    The defendant fatally shot P and, when E fled the apartment, chased after him onto the streets where E was shot.   COURT DECISION:  (.pdf)   (.html)

☀       May 3, 2018  ...  5th Cir.:  United States v. Sean Page  ...   GAINED PREFERABLE VETERAN SET-ASIDE CONTRACTS BASED ON FALSEIFICATION.  ...   A jury in the Eastern District of Texas convicted Defendant-Appellant Sean Page (“Sean”) of theft of government money or property and aggravated identity theft [...].     On appeal, Sean challenges the sufficiency of the evidence supporting his convictions.   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 3, 2018  ...  VAOIG:  VAOIG SUBSTANTIATED CONTRACTING AND APPROPRIATION IRREGULARITIES AT THE VA OFFICE OF OTEEI.       The VA Office of Inspector General (OIG) conducted a review in response to a Hotline complaint alleging that the Veterans Benefits Administration (VBA) Office of Transition, Employment, and Economic Impact (OTEEI) authorized printing services that were out of scope, resulting in an unauthorized commitment.     The OIG substantiated the allegation that VBA’s Chief of Transition executed an unauthorized commitment [...] As a result, OTEEI inappropriately obligated and spent approximately $2.1 million.     The OIG also substantiated the allegation that OTEEI inappropriately obligated and spent approximately $9.6 million of its GOE Appropriation[...] As a result, OTEEI committed statutory violations totaling about $11.7 million, resulting in improper payments.      Summary   Report

☀       May 2, 2018  ...  DcDc:  Ahuruonye v. Interior  ...   Barry Ahuruonye, the pro se plaintiff, brings this civil action against the defendants, the United States Department of Interior (“Department of Interior”), the Merit Systems Protection Board (“MSPB”), the United States Department of Justice, and multiple employees of the Department of Interior, asserting violations of various employment and criminal laws, the Privacy Act, the First and Fifth Amendments to the United States Constitution, the Declaratory Judgment Act, the All Writs Act, and the Administrative Procedure Act (the “APA”).   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 2, 2018  ...  FLRA:  AFGE v. VA (Detroit)  ...   The Union grieved that the Agency violated the parties’ agreement by requiring housekeepers to work beyond their position description by exterminating bedbugs, entitling the grievants to backpay and environmental differential pay. Arbitrator Charles Kohler found that the Agency had not violated the agreement because the housekeepers were cleaning, not exterminating, which was within their position description, and that no changes had been made to their conditions of employment.     The Union argues that the Arbitrator erred in several respects, but primarily relitigates its case that the housekeepers were acting as exterminators and were entitled to environmental differential pay.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       May 1, 2018  ...  6th Cir.:  SLUSHER v. USPS  ...   Slusher began working for the United States Postal Service in 1994. In 2011, Slusher became the manager of customer services at the Dixie Branch office, which was a permanent, level-20 position. Elaine Huhn was Slusher’s direct supervisor while he held that position. While Slusher was at the Dixie Branch, employees filed two grievances against him alleging that he had created a hostile work environment.     Meanwhile, in November, USPS concluded its review of the second Dixie Branch grievance. USPS issued Slusher a warning letter regarding his workplace conduct but did not suspend him. Slusher initially appealed the letter, but he resigned from USPS and began working for DHL in February 2015, before USPS heard his appeal.     Justin Slusher sued the United States Postal Service, claiming it had interfered with his Family and Medical Leave Act (FMLA) rights, retaliated against him for taking FMLA leave, and constructively discharged him.   ...   COURT DECISION:   (.pdf)   (.html)

☀       May 1, 2018  ...  FLRA:  Homeland Security v. AFGE  ...   THIS DECISION IS A MUST-READ. GOTTA READ THIS DECISION.  ...   Arbitrator Vicki Peterson Cohen issued an award finding that the Customs and Border Protection (CBP) violated § 7116(a)(1) and (5) of the Federal Service Labor-Management Relations Statute (the Statute) and Article 3A of the parties’ collective-bargaining agreement (Article 3A) – which requires bargaining only to the extent required by law – by failing to bargain over matters related to immigration inspections conducted by border patrol agents.     We take the opportunity in this case to address the plain-language distinction between conditions of employment and working conditions as those terms are used in our Statute.     Specifically, the issuance of a memorandum which affects working conditions, but not conditions of employment, does not constitute a change over which CBP must bargain.     Under the circumstances of this case, CBP had neither a statutory nor a contractual duty to bargain. Therefore, we set aside the award.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 30, 2018  ...  9th Cir.:  Scott v. Morena (GME)  ...   THE HIDDEN SEXUAL HARASSMENT: WOMEN HITTIN' ON WOMEN.  ...   Scott began working for GME in April 2011 at a barbershop located on the United States Marine Corps Base Camp Pendleton, where she was responsible for providing customers with haircuts and selling hair products. Scott alleges Judy Lifesy (a GME Manager) and Katie Shepler (a GME General Manager) sexually harassed and retaliated against her.     Specifically, Scott alleges that after she turned down Lifesy’s sexual advances, Lifesy began treating Scott poorly.     Examples of Lifesy’s alleged abusive behavior include pushing Scott out of the way to ring up customers, turning down the temperature of the shop to 30 degrees, turning up the volume of the television in the shop, yelling at Scott in front of customers, throwing Scott’s work tools in the sink, and blaming Scott for computer problems.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 27, 2018  ...  11th Cir.:  Thomas v. Home Depot  ...   Plaintiff’s claim arises from Home Depot’s rescission of an offer of employment. Plaintiff (who is African American) was scheduled for an interview on 5 September 2012. Later that day, Plaintiff contacted Home Depot’s Retail Staffing Center to complain that he felt rushed and discriminated against during the interview.    Reversible error has been shown; we vacate the judgment and remand for further proceedings.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 27, 2018  ...  PaSc:  Ferraro v. Temple U  ...   In January 2012, Ferraro, who was then sixty-two years old, was fired from her full-time position at Temple as a manager of patient accounting.      According to Temple, Ferraro was fired for taking inappropriate disciplinary action against an employee whom she oversaw.      Ferraro contends that her firing was due to her age and in retaliation.  ...   COURT DECISION:   (.pdf)   (.html)

☀       April 27, 2018  ...  DcDc:  Chien v. Kerry (State Dept)  ...   Plaintiff Josephine Chien, a Taiwanese-American woman, has been employed by the U.S. Department of State since 2009 and currently serves as an Assistant Regional Security Officer (“ARSO”) within the Foreign Service.     Plaintiff’s allegations of discrimination, hostile work environment, and retaliation span over six years.     Los Angeles Assignment: While working at a satellite office of State’s Los Angeles Field Office, Plaintiff alleges her supervisor discriminated against her by frequently screaming at her in a disparaging and demoralizing manner and by refusing her training and overseas assignments requests.         Benghazi, Libya Assignment: Plaintiff alleges that she was the only female agent on staff in Benghazi and that her new supervisors discriminated against her by denying her duty rotations and giving male agents preferential treatment and better assignments. She further alleges that her male colleagues harassed and discriminated against her by making “routine and mundane requests to her on housekeeping issues.”         Islamabad, Pakistan Assignment: First, Plaintiff alleges that in June 2012, her supervisor at the time, John Krajicek, reassigned to a male agent the decision-making responsibilities for one of the programs that Plaintiff was tasked with overseeing.     Plaintiff also avers that Krajicek refused to communicate with her directly regarding her duties and programs, and that Krajicek did not do so with other agents.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 25, 2018  ...  5th Cir.:  Robin Rivers  v. FedEx  ...   SHE ALLEGED RETALIATION AND RACE DISCRIMINATION AGAINST FEDEX.  ...   From November 2011 until November 2013, when she took leave, Prince- Rivers worked as a temporary driver for FedEx through Randstad. Prior to taking leave, she filed two separate Charges of Discrimination with the Texas Workforce Commission and Equal Employment Opportunity Commission (“EEOC”). First, on September 30, 2013, she alleged retaliation and race discrimination against FedEx. She explained that she was receiving more work and less pay than her Hispanic co-worker, and that, when she complained about it, her hours “were reduced significantly.” Then, on October 3, 2014, Prince-Rivers filed charges against both Randstad and FedEx, claiming both race and sex discrimination. She alleged that she was “paid . . . $12.63 per hour while [her] male, non-African American coworkers were paid $13 per hour and above.”   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 24, 2018  ...  FLRA:  Labor v. AFGE  ...   The grievant alleged that the Agency failed to pay him properly for certain duties. The Union filed a step-one grievance on his behalf, asserting that the Agency violated the equal-pay-for-equal-work provision of the parties’ collective-bargaining agreement, as well as equal-employment-opportunity (EEO) laws and regulations. The Agency denied the step-one grievance based, in part, on a determination that the grievant was challenging the classification of his permanent position at the General Schedule, Grade 13 (-) level.      In a subsequent, step-two grievance, the Union asserted that:  (1)  the Agency “fail‍[‍ed‍] to promote and properly pay and grade [‍the grievant‍] as a GS-14”;  (2)  “the work of . . . a [‍former‍] GS-14 ‍[‍ employee (the former employee)‍] was directly assigned to” the grievant after the former employee’s departure; and  (3)  “no . . . position description accurately captured the work . . . assigned to” the grievant.         After the Agency denied the step-two grievance, the parties went to arbitration.      Arbitrator Gloria Johnson found that a grievance was arbitrable because it sought a temporary promotion for an employee (the grievant), rather than the reclassification of the grievant’s position.      The main question before us is whether the grievance concerns a classification matter and is therefore precluded by § 7121(c)(5) of the Federal Service Labor-Management Relations Statute (the Statute).   ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 23, 2018  ...  DcDc:  U.S. v. Williams  ...   On October 19, 2011, Officer Bryan Cutcliffe of the Florida State University Police Department pulled Williams over for speeding. When Officer Cutcliffe approached Williams’ vehicle, he detected “the odor of burnt marijuana.” He ordered Williams out of the car and searched him1 and his vehicle. The search revealed “small bits of cannabis,” a number of pre-paid gift cards, some receipts, and banking documentation.2 When Officer Cutcliffe questioned Williams about the pre-paid gift cards, Williams “appeared to get very nervous and he began to shake.” Rather than arrest Williams, however, Officer Cutcliffe confiscated the pre-paid gift cards and allowed Williams to leave the scene.     Two years later, on June 13, 2013, Deputy Michael Wheeler of the Claytaon County Sheriff’s Office stopped Williams for traveling seventy-six miles an hour in a zone with a speed limit of forty-five miles per hour. When Deputy Wheeler spoke with Williams at the window of his vehicle, Williams appeared “nervous and sweating.”     After removing Williams from the vehicle, the deputies handcuffed and searched him. The search revealed $3,500 in cash in his pocket.     The search of the vehicle uncovered a few thousand dollars in cash, a loaded handgun, more than twelve pre-paid debit cards, a laptop computer, two iPhones, and a Samsung phone. In the hearing, Deputy Wheeler testified that he could “smell marijuana coming from the vehicle” as he spoke with Williams.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 20, 2018  ...  DcDc:  Sagar v. Steve Mnuchin  ...   Plaintiff Vidya Sagar was hired by the Internal Revenue Service (“IRS”) as an Information Technology Specialist at the GS-15 paygrade.     He was 62 years old at the time.     He was hired for a one-year probationary period and was terminated shortly before the year expired.     According to the notice of termination, the Department decided to fire Sagar based on his conduct and performance. Sagar, however, sees it differently and alleges that he was the victim of age discrimination.     Vidya Sagar brings this action against the Department to challenge his termination, asserting three claims under the Age Discrimination in Employment Act [...]. He contends, first, that he was terminated because of his age;     second, that the Department retaliated against him for engaging in ADEA protected activity;     and, third, that he was subjected to a hostile work environment because of his age.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 18, 2018  ...  Fed. Cir.:  Wells v. MSPB  ...   A CAUTIONARY TALE ABOUT NOT MAKING MILITARY SERVICE DEPOSIT BEFORE RETIRING  ...   Wells served in the Navy from 1974 to 1979.     She subsequently worked for the General Services Administration between 1980 and 1984, and the Department of Health and Human Services from 1984 until her retirement from federal service in 2005.     OPM notified Wells that, because the Social Security Administration certified that she was eligible for Social Security benefits, “OPM was recomputing her civil service annuity to eliminate retirement credit for [her] post-1956 military service for which she had not made a pre-retirement deposit.”     The letter explained that the law “allows credit for military service performed after 1956 under both the Civil Service Retirement System and the Social Security system, if the employee pays a deposit for the service before his retirement,”     but that Wells failed to make the deposit “even though [she was] informed about the consequences.”   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 18, 2018  ...  FLRA:  Defense (DISA) v. AFGE  ...   THOSE UNION-LOVING FLRA REGIONAL DIRECTORS ARE SO DAMNED BIASED AGAINST MANAGEMENT.  ...   The Petitioner filed a petition seeking to consolidate Agency bargaining units represented by the Petitioner and its constituent locals.     In her attached decision and order, Federal Labor Relations Authority (FLRA) Regional Director Jessica Bartlett (RD) found that it was appropriate to consolidate eleven units into one larger unit, to be represented by the Petitioner.     The Agency and the American Federation of Government Employees, Local 2 (Local 2) filed, with the Authority, applications for review of the RD’s decision. On October 26, 2017, the Authority granted the applications but deferred action on the merits.     The main question before us is whether a clear and identifiable community of interest exists for the proposed consolidated unit.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 17, 2018  ...  US Supreme Court:  Sessions v. Dimaya  ...   US SUPREME COURT TOSSES LAW USED TO DEPORT CONVICTED CRIMINALS.  ...   President Trump appointee, Neil Gorsuch, joined the usual liberal suspects (Kagan, Ginsburg, Breyer, Sotomayor) to form the majority.   ( Bloomberg ) -- The U.S. Supreme Court threw out a provision in federal immigration law that was used to deport foreigners convicted of serious crimes. The justices, voting 5-4 Tuesday on the core question, said the law's definition of "crime of violence" was so vague as to be unconstitutional.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 17, 2018  ...  FLRA:  Justice v. AFGE  ...   On May 8, 2017, Arbitrator Vicki Peterson Cohen issued an award finding, as relevant here, that the Agency violated the Fair Labor Standards Act (FLSA) and the parties’ collective-bargaining agreement by failing to pay certain employees (officers) for the time that they spent traveling during a one-hour period between their regular and overtime shifts. The Arbitrator directed the Agency to compensate the officers with overtime pay and to reimburse the officers’ mileage expenses (mileage‑reimbursement remedy). There are two main, substantive questions before us.     The first question is whether the mileage‑reimbursement remedy violates the doctrine of sovereign immunity.     The second question is whether the Arbitrator’s award of pay for travel time is contrary to the FLSA.   ...  FLRA DECISION:   (.pdf)   (.html)

☀       April 17, 2018  ...  Fed. Cl.:  Lucas v. United States  ...   ME TOO ... I WAS SEXUALLY ASSAULTED AT WORK OVER 30 YEARS AGO !.  ...   In the mid-1980s, plaintiff worked as a clerk-typist for the Department of Justice.     In her complaint, she alleges that she was sexually assaulted in the workplace in February 1985. See id. Following the incident, she attempted to file a complaint with the Equal Employment Opportunity Commission (EEOC), but believes the complaint was never submitted to the agency.     Thereafter, plaintiff alleges that she was reassigned to a different position, but given no official duties, in retaliation for complaining.     The alleged assault and subsequent retaliation for her decision to file an EEOC complaint occurred in 1985. The statute of limitations, therefore, ran six years later, in 1991.     In her reply, plaintiff indicates that she filed the instant complaint more than thirty years after the alleged offenses "due to the nature of the situation and the acknowledgement of this behavior now being addressed in society.     In its motion to dismiss, defendant argues that the court lacks jurisdiction to consider plaintiffs complaint for two reasons: (I) the allegations sound in tort, and (2) the claim accrued more than six years before the complaint was filed.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 16, 2018  ...  FLRA:  VA (Kansas City ) v. AFGE  ...   WAS THE FLRA REGIONAL DIRECTOR INCOMPETENT? CORRUPT? A UNION TOOL?, ...  ...   On July 20, 2016, the Union petitioned Federal Labor Relations Authority (FLRA) Regional Director Sandra J. LeBold (RD) to clarify an existing bargaining unit at the Agency, and include seven Human Resources staffing assistants (staffing assistants). In the attached decision, the RD found that these employees are not excluded from the unit under § 7112(b)(3) of the Federal Service Labor-Management Relations Statute (Statute)[1] because they do not perform personnel work in other than a purely clerical capacity. The RD clarified the unit to include the staffing assistants on July 14, 2017.         On August 23, 2017, the Agency filed an application for review, and the Union filed an opposition on September 7, 2017. In an order dated October 23, 2017, the Authority granted review and deferred action on the merits.         The main question before us is whether the staffing assistants at issue are engaged in personnel work in other than a purely clerical capacity within the meaning of § 7112(b)(3).   ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 13, 2018  ...  FLRA:  Labor v. AFGE  ...   As relevant here, the Union petitioned Federal Labor Relations Authority (FLRA) Regional Director Jessica Bartlett (the RD) to clarify the bargaining‑unit status of two employees. Before the RD, the Agency claimed, as relevant here, that the support specialist and the program analyst should be excluded from the bargaining unit because they are confidential employees under § 7103(a)(13) of the Statute. The RD concluded that the employees are not confidential.     The RD found that the employees are not confidential employees under § 7103(a)(13) of the Federal Service Labor‑Management Relations Statute (the Statute).[1]     Accordingly, she concluded that the employees should be included in the bargaining unit that the Union represents. In a December 15, 2017 order, the Authority granted review and deferred action on the merits.     The main question before us is whether the RD failed to apply established law by finding that the employees are not confidential employees.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 12, 2018  ...  FLRA:  Justice (Prisons) v. AFGE  ...   In an award dated July 7, 2017, Arbitrator Robert Costello found that the Agency violated the Fair Labor Standards Act (FLSA)[1] and the parties’ collective-bargaining agreement by failing to pay certain employees (grievants) for the time that they spent traveling between their regular and overtime shifts.     The Arbitrator directed the Agency to compensate the grievants with overtime pay and to reimburse their mileage expenses. We consider one of the Agency’s exceptions.     The Agency argues that the award is contrary to a government-wide regulation.     Because the award conflicts with 5 C.F.R. § 551.422, an Office of Personnel Management (OPM) regulation implementing the FLSA, we set aside the award.  ...   FLRA DECISION:   (.pdf)   (.html)


☀       April 11, 2018  ...  Fed. Cir.:  Kaplan v. U.S. (Air Force)  ...   THEY FEMALE-PAY-DISCRIMINATED AGAINST ME TOO!   ...   Dr. Kathleen Kaplan held several positions at the Air Force Office of Scientific Research. Dr. Kaplan was in the Demo [Pay] System science and engineering (DR) career path. Under the Lab Demo system, employees were evaluated and scored each year based on four factors: problem solving, communication, technology management, and teamwork and leadership.     Dr. Kaplan brought this action [...] alleging that her pay violated the statutory bar on sex discrimination stated in the Equal Pay Act [...].    (.pdf)   (.html)

☀       April 11, 2018  ...  DcDc:  Hudson  v. AFGE  ...   AFGE FIRED THIER BLACK MALE EMPLOYEE, TOO!  ...   In 2012, Plaintiff Eugene Hudson became the first black person elected to serve as     National Secretary-Treasurer for Defendant American Federation of Government Employees.     Despite being re-elected in 2015, he claims that the Union mistreated him, and ultimately fired him, because of his race in violation of Title VII and 42 U.S.C. [...].     AFGE now moves to dismiss, arguing that Plaintiff has failed to state a claim upon which relief may be granted.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 11, 2018  ...  DcDc:  Rogers v. Smithsonian  ...   HE IS AN AFRICAN-AMERICAN MALE.   HIS SUPERVISORS ARE BOTH HISPANIC.  ...   Matthew Rogers is an African-American male who works as a Security Officer at the Smithsonian’s warehouse in Maryland. He has a certified disability for which he is entitled reasonable accommodation. His supervisor and assistant supervisor are both Hispanic.     Mr. Rogers has sued his employer for alleged discriminatory and retaliatory conduct due to race, disability, use of leave under the FMLA, and filing of EEO complaints.     The Complaint lists eight counts of action—Violation Civil Rights, Hostile Work Environment based on Race, Violation of ADA, Violation of the Rehabilitation Act, Violation of the FMLA, and Retaliation.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 11, 2018  ...  DcDc:  Thomas v. WMATA  ...   HE HAS A HISTORY OF FILING EEOC DISCRIMINATION COMPLAINTS FOR RACE, AGE AND NATIONAL ORIGIN.  ...   Mr. Thomas is a 62-year-old U.S. citizen of Liberian (Africa) national origin. He currently works for Washington Metropolitan Area Transit Authority (WMATA). He has a history of filing EEOC complaints against his employer [...]     This case arises from WMATA’s decision not to promote Thomas. In February 2017, Thomas applied for a promotion to the open position of Deputy Chief Vehicle Engineer. The next month, WMATA rejected Thomas’s application, purportedly because he lacked the requisite ten years of management experience in transit engineering, which was part of the job description.     In this action, pro se plaintiff Ernest A. Thomas asserts age and national origin-based employment discrimination claims against his employer, WMATA.   ...   COURT DECISION:   (.pdf)   (.html)

☀       April 10, 2018  ...  Fed. Cir.:  Mitrano v. Air Force  ...   FORM SF-86: THE MOST CRINGE-WORTHY FORM IN THE FEDERAL GOVERNMENT  ...   The Air Force appointed Mr. Mitrano to a position as a Civil Engineer on January 11, 2016. In order to perform the duties associated with this position, Mr. Mitrano needed to obtain a secret security clearance [...].     On January 15, 2016, as part of the process for obtaining the necessary security clearance, the Air Force sent an email to Mr. Mitran0 instructing him to submit the required Standard Form 86 (Questionnaire For National Security PositionS).     As instructed, Mr. Mitrano submitted an SF-86 (Questionnaire For National Security Positions) form. The form indicated that he had been imprisoned for over twelve months.     On that basis, Mr. Mitrano was given a memorandum placing him on administrative leave indefinitely [...]. The Department of the Air Force removed Peter Mitrano from his position [...]. HERE, he appeals his Removal.  ...   COURT DECISION:   (.pdf)   (.html)

☀       April 9, 2018  ...  FLRA:  JUSTICE (Prisons) v. AFGE  ...   ARBITRATOR'S AWARD EXCESSIVELY INTERFERES WITH MANAGEMENT’S RIGHTS TO ASSIGN WORK.  ...   Statement of the Case:     On July 6, 2017, Arbitrator Ed W. Bankston found that the Agency violated the parties’ agreement when it failed to staff the third floors of two housing units and, instead, assigned the duties affiliated with those floors to second-floor officers. He directed the Agency to staff the third floors of the housing units during the daytime. The Agency filed exceptions to his award on August 7, 2017.    The main question before us concerns whether the Agency has the right to determine when and where employees will work and how to best secure and safeguard the prison.    Specifically, we must determine whether the Arbitrator’s award is contrary to law, particularly management’s rights to assign work and to determine internal security practices under § 7106(a) of the Federal Service Labor-Management Relations Statute (Statute).       [...] we find that the award excessively interferes with those rights, and we vacate the award.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       April 6, 2018  ...  11th Cir.:  Caporicci v. Chipotle  ... Lisa Caporicci was diagnosed with bipolar disorder when she was eighteen years old. She worked at chipotle mexican grill (Chipotle). Jared Miesel was the general manager of that location. On her last day at Chipotle, she started to feel “dizzy and disoriented.” She began “having issues serving customers.”    Miesel noticed Caporicci’s condition, took her off the line and sent her home. Caporicci testified that she “tried to explain to [Miesel] that her new medication was “messing with [her] and he told her that she should “go home and get some rest.”    After Caporicci was home, she had two phone conversations with Miesel. In the first call, Miesel “seem[ed] more empathetic.”    In the second call, Miesel told her, “I’m really sorry, but you just looked like you were on some shit, so you’re fired and you are not rehirable at Chipotle.”    Lisa Caporicci sued Chipotle, making claims that it discriminated against her based on her disability.    HERE, Lisa Caporicci appeals the district court’s grant of summary judgment in favor of her former employer, Chipotle Mexican Grill, Inc.   ...   COURT DECISION:   (.pdf)   (.html)

☀       REALITY:  THE NOTE SALLY FOUND ON HER DESK: " Yo Look ... We all know that you've "Boinked" the majority of the men in the office.  First Gil... then Todd... now Rob.  How 'bout you get a grip ?!  Hope this book helps.  You need it. -- Your coworkers. "

☀       April 5, 2018  ...  5th Cir.:  Herster v. LSU (BOS)  ...   THE EMPLOYEE COMPLAINED, COMPLAINED, COMPLAINED UNTIL THE COURT SAID "ENOUGH" !!!  ...   During the interview process for his Professor of Law position at the Law Center, Sullivan (“Sullivan”) inquired about the possibility of his wife, Herster (“Herster”), also obtaining a faculty position at LSU. After receiving Herster’s credentials and qualifications, the School of Art agreed to employ Herster. The Law Center initially provided some of the funding for Herster’s position.     Once Herster began her employment at the School of Art, she immediately began to believe that she was being asked to do substantially more work than what her part-time Instructor position should entail. (So she began to complain, complain, complain, complain, ...)     Herster and her husband Sullivan appeal the dismissal of their claims against the Board of Supervisors of Louisiana State University (“LSU”) related to alleged gender discrimination.   ...   COURT DECISION:   (.pdf)   (.html)



☀       April 2, 2018  ...  VAOIG:  ADMINISTRATIVE INVESTIGATION OF CONFLICT OF INTEREST, NEPOTISM, AND FALSE STATEMENTS WITHIN THE VA OFFICE OF GENERAL COUNSEL, WASHINGTON, DC.       The VA Office of Inspector General (OIG) Administrative Investigations Division received an allegation that Mr. Robert Fleck (SES), Chief Counsel of the Procurement Law Group (PLG) within the Office of General Counsel (OGC), actively and openly solicited, during a conference call with other Senior Executive Service (SES) employees, that the OGC hire his wife, Ms. KW (GS-14).1 One of the SES employees who participated in the conference call hired Ms. KW. The OIG found that Mr. Fleck had a conflict of interest and engaged in nepotism when he used his position as an SES manager in OGC’s Contract Operations to advocate for the employment of his wife and help establish for her a GS-14 e-Discovery attorney position on OGC’s Contract Litigation Team, a team that he managed.    The OIG determined Mr. Fleck shared VA sensitive information with his wife while she was being vetted for the VA position, and he and Ms. KW made false statements when questioned about it during their respective interviews.      Summary   Report

☀       April 2, 2018  ...  Fed. Cir.:  Bal v. Navy  ...   BAL: "THEY FIRED ME 4 MY DISABILITY" : NAVY: "WE FIRED HIM 4 TIMECARD FALSIFICATION." : FED CIR: "WE'RE REMANDING "BECAUSE YOUR DECISION DIDN'T ADDRESS DOUGLAS FACTORS."  ...   David Bal was employed by the Navy as a Materials Engineer at the Naval Air Weapons Center, Surface and Strike Warfare Analysis Branch, in China Lake, California for over thirteen years.     Mr. Bal appeals the final decision of the Merit Systems Protection Board sustaining his removal from the Navy. Mr. Bal argues that the Board improperly discounted his medical evidence of depression in assessing the reasonableness of his removal and failed to consider other relevant mitigating factors under Douglas v. Veterans Administration, [...].     We agree. For the reasons stated below, we vacate and remand the Board’s final decision for further proceedings consistent with this opinion.    COURT DECISION:   (.pdf)   (.html)

☀       April 2, 2018  ...  Fed. Cir.:  Trinkl v. MSPB  ...   FED CIR :  " THE BOARD ERRED IN CONSIDERING AND DISMISSING TRINKL’S ALLEGATIONS INDIVIDUALLY, RATHER THAN VIEWING HIS CLAIMS COLLECTIVELY AS A SERIES OF ESCALATING INCIDENTS CULMINATING IN HIS RETIREMENT. "  ...   Trinkl was an economist with the Department of Commerce in the Bureau of Economic Analysis (“BEA”) from 1998 to his retirement in 2015. During his service to the agency, Trinkl received numerous “high quality” ratings related to his job performance.     In 2007, Howard Krakower was appointed as Trinkl’s first line supervisor. In 2013, Trinkl submitted a complaint to the BEA’s Human Resources Division, alleging that he had overheard Kurt Kunze, Trinkl’s second line supervisor, refer to older employees as the “peanut gallery.”     Trinkl and a fellow BEA employee also observed Kunze push another agency employee into a wall.     Subsequently, Trinkl alleges that he endured a “near-physical” attack from his supervisors Krakower and Trinkl’s amended petition before the Board alleges that this event took place in October of 2013.     On October 31, 2014, Trinkl submitted an Application for Immediate Retirement, and indicated that he wished to retire because he no longer felt safe working at the agency “due to reported supervisory threats and violence.”    COURT DECISION:  (.pdf)   (.html)

☀       March 30, 2018  ...  PaSc:  Com v. Turner  ...   YOU MAKE THE CALL: AN ATTEMPTED RAPE / ATTEMPTED SEXUAL ASSAULT CASE.  ...  HER ACCOUNT OF THE INCIDENT:  Shortly after midnight on March 6, 2012, the victim, Y.W., exited a store along with Shaneika Stephenson. Appellant, who was a casual acquaintance of Y.W., was outside the store and blocked her progress. Appellant grabbed the victim’s jacket and told her, “Bitch, you gonna suck my d--- and we gonna f---” while reaching toward his zipper. Appellant started to kiss the victim and tried to feel her breasts, but she was able to move his hand. Appellant, still holding on to the victim’s jacket, began choking her. He pushed her against the wall and she resisted, causing the two to fall to the ground.     Meanwhile, Ms. Stephenson ran into the street for help. A car stopped and the driver, a large male, hurried over to assist. The unidentified driver yelled at Appellant and demanded that he stop. Appellant put his hands in the air, and the victim was able to escape and call 911.     THIS APPEAL:  Curtis Turner appeals from the judgment of sentence of four to eight years imprisonment followed by five years probation imposed following his non-jury convictions for attempted rape, attempted sexual assault, unlawful restraint, indecent assault, terroristic threats, and simple assault..  ...   COURT DECISION:   (.pdf)   (.html)

☀       March 29, 2018  ...  VAOIG:  THIS IS REALLY BAD: REVIEW OF ALLEGED UNSECURED PATIENT DATABASE AT THE VA LONG BEACH HEALTHCARE SYSTEM.       The OIG substantiated the allegation that an unauthorized Microsoft Access database was created by LBHCS SCI employees to capture patient demographics and to provide a repository for all SCI Centers to track patient data. Consistent with the allegation, the OIG team found multiple instances of databases that hosted SPI in violation of VA policy. It also substantiated that veteran SPI was hosted on an external server at the University of Southern California without a formal Data Use Agreement authorizing the activity. In addition, the OIG team noted this server could be accessed from the internet using default logon credentials.      Summary   Report

☀       March 29, 2018  ...  DcDc:  Savage v. HHS  ...   Plaintiff Wanda Savage worked for the U.S. Department of Health and Human Services. She claims that, during her tenure, the Department took a host of discriminatory and retaliatory actions against her based on her race, sex, and disability status; that it retaliated against her for filing a complaint with the Equal Employment Opportunity Commission; and that it failed to reasonably accommodate her disability. The Department has moved for summary judgment.  ...  DECISION:  (.pdf)   (.html)

☀       March 29, 2018  ...  FLRA:  AFGE v. DFAS  ...   The Union challenges the Arbitrator’s procedural-arbitrability determination on essence grounds. Specifically, the Union asks the Authority to find that the Arbitrator erred in interpreting the collective‑bargaining agreement when the Arbitrator found that the Union untimely invoked arbitration.    (.pdf)   (.html)

☀       OPM:  Pay-Related Legislative Changes in the National Defense Authorization Act, FY 2018

☀       March 28, 2018  ...  FLRA:  AFGE v. HUD  ...   Statement of the Case:     AFGE filed a grievance alleging that the Agency failed to consult with the Union prior to its decision to relocate its office in Boise, Idaho. Arbitrator Eduardo Escamilla concluded that the grievance was not arbitrable because it was untimely, denied the grievance, and ordered the parties to split all arbitration fees and charges evenly.     The Union excepts to the award, raising four substantive questions.     The first question is whether the procedural-arbitrability determination is based on nonfacts, but for which the Arbitrator would have reached a different result.     The second question is whether the Arbitrator exceeded his authority by making a procedural-arbitrability determination.     The third question is whether the Arbitrator failed to conduct a fair hearing.     The fourth question is whether the Arbitrator’s ruling to split the arbitration fees and charges evenly between the parties fails to draw its essence from the parties’ collective-bargaining agreement.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       March 27, 2018  ...  VAOIG:  VAOIG FINDS VA HOSPITAL PERSONNEL SECURITY INVESTIGATION PROGRAM IN COMPLETE DISARRAY.      The VA OIG evaluated controls over the adjudication of background investigations at VA medical facilities to determine whether adjudication actions were timely completed and reliably recorded. The OIG found VA did not effectively manage the personnel suitability program to ensure investigations were completed for facility staff and estimated that about 6,200 required investigations were not initiated.     Adjudicators had not been reviewing investigations in a timely manner and suitability staff were not maintaining the required official personnel records.     These irregularities occurred because the Office of Operations, Security, and Preparedness (OSP) did not monitor compliance with program requirements.     Furthermore, OSP and the Veterans Health Administration (VHA) did not effectively manage human capital or ensure that sufficient and appropriate staff were assigned suitability functions.    Summary ... Report

☀       March 27, 2018  ...  7th Cir.:  Martinez v. American Airlines  ...   AFTER AN ON JOB INJURY, AIRLINE CAN'T FIRE ME. EVEN IF I CAN'T WORK. NEVER!  ...   John Martinez, a former aircraft mechanic for American Airlines, suffered serious injuries in a work accident that left him hospitalized for weeks, bedridden for more than a year, and in need of more than a dozen surgeries.     After his accident, Martinez took a medical leave of absence.     American terminated Martinez’s employment after he had been on medical leave for five years. Martinez sued American for violations of the Americans with Disabilities Act based on discrimination, failure to accommodate, and retaliation.     The district court granted American’s motion for summary judgment.     On appeal, Martinez argues that the district court erred by granting summary judgment for American on his failure to accommodate claim and by rejecting his claim that American failed to engage in the interactive process.   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 26, 2018  ...  SC.NY:  Snickles v. New York  ...  ME TOO = WE WERE ALL VICTIMS OF SEX HARASSMENT AND DISCRIMINATION BY SAME BOSS, HONESTLY. ( WHERE IS OUR CHECKS ? )  ...   These consolidated appeals concern orders issued in six similar claims, in which each claimant sought to recover damages under several theories. All of the claims arise from allegations that former New York State Assemblyman Dennis Gabryszak, who employed all six claimants in various capacities, engaged in acts of sexual harassment and employment discrimination against claimants, spanning nearly a decade.  ...   COURT DECISION:   (.pdf)   (.html)

☀       March 23, 2018  ...  DcDc:  Welch v. Powell  ...   SMITHSONIAN INSTITUTION DISCRIMINATION MADE ME PEE MYSELF  ...   Plaintiff, an employee of the Smithsonian Institution (“Smithsonian”), brings this action against Defendant David. J. Skorton, the Secretary of the Smithsonian. Mr. Welch alleges that the Smithsonian failed to accommodate his disability, intentionally discriminated against him on the basis of disability, retaliated against him after he filed Equal Employment Opportunity (“EEO”) complaints, and subjected him to a hostile work environment, all in violation of the Rehabilitation Act.   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 23, 2018  ...  2d Cir.:  Ayala v. Postal  ...   Plaintiff-appellant Miledys Ayala, pro se, appeals from a judgment in favor of the United States Postal Service (“USPS”) and the National Association of Letter Carriers, AFL-CIO (“NALC”) in her employment discrimination action. Ayala alleged national origin and age discrimination, as well as retaliation, in violation of Title VII of the Civil Rights Act of 1964 [...] and the Age Discrimination in Employment Act of 1967 (“ADEA”,[...]. She also asserted a claim against NALC for breach of its duty of fair representation (“DFR”).   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 22, 2018  ...  9th Cir.:  Pharrell Williams  v. Frankie Gaye  ...   MORE  “BLURRED LINES”   v.   “GOT TO GIVE IT UP”   ...   [Pharrell Williams, Clifford Harris, Robin Thicke, I Like’Em Thicke Music, etc]    v   [Frankie Gaye, Marvin Gaye III, Nona Gaye, Interscope Records; Universal Music, etc].  ...   COURT DECISION:   (.pdf)   (.html)

☀       March 21, 2018  ...  FLRA:  NAVY v. IFPTE  ...   NAVY WAS A MERE FIFTY-TWO MINUTES LATE.  ...   In October 2016, the Union grieved the Agency’s alleged failure to comply with a Federal Service Impasses Panel (FSIP) order concerning the remodeling of one of its facilities. The Arbitrator sustained the grievance and ordered the Agency to comply with the FSIP order.         Statement of the Case:   The Agency filed exceptions to an award of Arbitrator Marilyn H. Zuckerman fifty-two minutes after midnight on the 31st day after service of the award.       The question before us is whether the Agency’s exceptions should be dismissed as untimely.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       March 21, 2018  ...  DcDc:  Nytes v. Trustify  ...   The plaintiff, who “suffers from . . . Bipolar Disorder alleges that during his employment with Trustify, he “disclosed his disability to his managers at Trustify, and “on more than one occasion, requested reasonable accommodation for his disability, specifically requests for a particular “work schedule.         The plaintiff further alleges that in response to his requests, defendant “Trustify refused to engage in the required interactive process with [him] and refused [him] an accommodation for his disability.         Thereafter, the plaintiff “experienced a period of decompensation . . . because of his disability, ...”    COURT DECISION:   (.pdf)   (.html)

☀       March 19, 2018  ...   SCREWED!!!   HE'S SO PROUD THAT THEY FIRED THE GUY 2 DAYS BEFORE HIS LONG ANNOUNCED RETIREMENT DATE.  ...   After reading numerous comments on social media this weekend, many Feds are learning what others have known for a long time; the general public is extremely resentful of Federal employee's pay, health insurance and retirement benefits.    Tread carefully.

☀       March 19, 2018  ...  11th Cir.:  EEOC v. Exel  ...   A jury awarded the Equal Employment Opportunity Commission (the “EEOC”) and Contrice Travis back pay, compensatory damages, and punitive damages after finding that Travis’s employer, Exel, Inc., discriminated against her because of her sex.         The discrimination occurred when Dave Harris, Travis’s supervisor, denied her a promotion in favor of Michael Pooler, a male employee. After the verdict, Exel filed a renewed motion for judgment as a matter of law.         The district court denied Exel’s motion as to liability, but granted it as to the jury’s punitive damages award.         Travis and the EEOC now appeal the vacatur of the jury’s punitive damages award, and Exel cross-appeals the denial of its motion as to liability.   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 16, 2018  ...  DcDc:  Lopez v. CIA  ...   DON'T FUNK WITH THE CIA !  ...   Rodlqwlii ilohg klv ruljlqdo frpsodlqw rq -dqxdu\ &rpso >'nw 'hihqgdqwv ilohg dq dqvzhu rq 0dufk iroorzhg e\ d prwlrq iru mxgjphqw rq wkh sohdglqjv 'hiv $qvzhu >'nw 'hiv 0rw. Iru - rq wkh 3ohdglqjv >'nw 3odlqwlii uhvsrqghg wr ghihqgdqwv prwlrq e\ furvv prylqj iru vxppdu\ mxgjphqw exw kh dovr ilohg d prwlrq iru. Ohdyh wr dphqg klv frpsodlqw 3o v 5hvs wr 'hiv 0rw iru - rq wkh 3ohdglqjv lq 6xss ri 3o v &urvv0rw iru 6xpp >'nw 3o v 0rw iru. Hdyh wr )loh dq $p &rpso iru ,qmxqfwlyh 5holhi >'nw 7kh &rxuw judqwhg sodlqwlii v prwlrq.   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 15, 2018  ...  ScSc:  IN THE MATTER OF JOHN SWAN  ...   FOOLISH, DO-GOODER ATTORNEY GETS HIS PUNISHMENT. ... MAKES HIS DO-BAD PROFESSION LOOK BAD.  ...   MATTER A:    Respondent represented Client in a criminal matter. Concerned that Client was suffering from a medical emergency and that the medical treatment Client was receiving in jail was inadequate, respondent paid Client's bond. When Client ran out of money to pay for the motel room where she was living, and was at risk of having to live on the street, respondent, with his wife's permission, allowed Client to stay at respondent's house with respondent and his wife for two to three nights         MATTER B:    On several occasions, respondent made sexually inappropriate comments to Client on the telephone while she was in jail, and on one occasion did the same with another client who was in jail. There is no evidence, nor have the clients claimed, respondent had sexual relations or engaged in any other inappropriate or unwarranted touching with either client, including with Client while she was staying in his home. There is also no evidence respondent requested sexual services in exchange for anything.         MATTER C:    On one occasion, respondent delivered electronic cigarettes to two clients in jail.   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 12, 2018  ...  Fed Cir.:  Holton v. Navy  ...   Scott Holton was formerly employed by the Department of the Navy as a rigger supervisor at the Portsmouth Naval Shipyard (“PNS”). Mr. Holton had been employed at the shipyard since January 8, 2007.         On March 11, 2015, Mr. Holton’s crew was using a portal crane to move submarine covers from the upper staging area to the landing area of Dry Dock 2. During the movement around this curve on March 11, the crane boom struck Building 343, causing roughly $30,000 in damage.         Navy Shipyard Portsmouth [...] allows post-accident drug testing of employees, after an accident causing damage in excess of $10,000 [...]         The members of the crane team were notified that they would drug tested due to the severity of the accident.         Mr. Holton’s sample was tested twice and found positive for marijuana both times. Mr. Holton’s test result was 150 times greater than the allowable marijuana testing cutoff.         On May 15, 2015, the Navy proposed his removal [...] the Executive Director removed him, effective July 8, 2015.         Mr. Holton appealed his dismissal to the Board.         Here, Scott Holton petitions for review of the decision of the Merit Systems Protection Board (“Board”) affirming his removal.  ...   COURT DECISION:   (.pdf)   (.html)

☀       March 9, 2018  ...  FLRA:  AFGE v. Army  ...   On October 7, 2016, the Agency notified the Union that it was implementing a two-year probationary period for certain employees pursuant to 10 U.S.C. § 1599e. The Union invoked bargaining but, after several attempts to schedule a time for impact and implementation bargaining, filed a ULP charge (first ULP charge) against the Agency. The Union withdrew the first ULP charge after the parties reached a settlement agreement. Under this agreement, the Agency agreed to bargain to the extent required by the Statute over the Union’s proposals.         After the parties entered into the settlement agreement, the Union resubmitted its proposals to the Agency. In response, the Agency informed the Union that the Agency was not required to negotiate over the Union’s proposals because they were either outside the scope of the proposed change or not related to conditions of employment.         In response, the Union filed another ULP charge (second ULP charge) on June 27, 2017, alleging that the Agency repudiated the settlement agreement pertaining to impact and implementation bargaining.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       March 8, 2018  ...  VAOIG:  Critical Deficiencies at the Washington DC VAMC.       This report is meant to not only improve conditions at the DC VAMC, but also to serve as a roadmap for other VA medical facilities and to improve integrated reviews and oversight by Veterans Integrated Service Networks and VA central offices.         The OIG found that critical deficiencies at the DC VAMC were pervasive and persistent—often spanning many years—but were not successfully remediated by leaders at multiple levels within VA. These deficiencies impacted core medical center functions that healthcare providers need to effectively provide quality care. The report details the DC VAMC’s failures in ensuring supplies and equipment reached patient care areas when needed, processing and sterilizing instruments, managing and securing assets, maintaining cleanliness, providing timely prosthetic devices, properly reporting and analyzing patient safety events, and receiving the staffing and leadership needed for sustainable change. The OIG did not find evidence of adverse clinical outcomes, a condition that is largely attributable to front-line care providers who were committed to providing the best possible care by borrowing supplies, improvising, or personally ensuring patients received what they needed. The OIG made 40 recommendations and VA concurred with each one. VA also provided detailed action plans on how the recommendations are going to be implemented and identified the progress they have already made.      Summary   Report

☀       March 7, 2018  ...  FLRA:  Air Force v. AFGE  ...   Statement of the Case:     After the Agency filed exceptions to an arbitration award, the Authority’s Office of Case Intake and Publication (CIP) ordered the Agency to show cause, by a specific date, why the exceptions should not be dismissed as untimely (show-cause order). Although the Agency responded to the show-cause order, its response was untimely.         Accordingly, CIP dismissed the Agency’s exceptions (dismissal order).         Now, the Agency has filed a motion for reconsideration of the dismissal order. Because the Agency’s arguments are untimely, we do not consider them.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       March 7, 2018  ...  6th Cir.:  Golden v. [Burger King’]  ...   AFRICAN-AMERICAN MALE; BURGER KING MANAGER; MEMPHIS.  ...   Golden began working for MIC in September 2010 as a fast-track manager, and, in December of that year, was transferred to Burger King’s Summer Avenue location in Memphis, Tennessee as the general manager. Golden’s direct supervisor was district manager Kellie Barksdale, and it is disputed how Barksdale treated Golden throughout his employment.         Golden, who is an African-American male, contends that he was denied raises, evaluations, promotions, and vacation days while his white and female counterparts received those benefits.1 Golden contends that Barksdale made discriminatory comments towards him and his staff. For example, Golden stated in an affidavit that Barksdale would refer to President Barack Obama as “your President,” and that because he was her first black male general manager, she referred to him as her “lab rat.”         He also averred that Barksdale said that black managers always failed “because of drugs, some kind of sexual harassment charge, or money missing, or messing with a minor.”   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 7, 2018  ...  4th Cir.:  Cooper v. Smithfield  ...  INFLICTION OF EMOTIONAL DISTRESS; DISPARATE TREATMENT; WRONGFUL TERMINATION; RETALIATION   ...   Plaintiff-Appellant Lisa Cooper is a former employee of Defendant-Appellee The Smithfield Packing Company (Smithfield). Between 1995 and 2011, Cooper was employed by Smithfield, save for a short period when she had been terminated and then reinstated for reasons unrelated to this case.         According to allegations in Cooper’s Fourth Amended Complaint, Lowery sexually harassed her on a regular basis between 2007 and 2011, repeatedly asking her to sleep with him, threatening her when she refused to sleep with him, physically brushing up against her, demeaning her relationship with her husband, and requiring her to work in close proximity with him for no apparent reason.         This pattern of abuse culminated in July 2011, when Cooper reported Lowery’s behavior to Smithfield’s human resources department (HR). After her initial verbal report, Cooper was asked by HR to provide a written statement, which she submitted the following day.         The next day, while Smithfield continued to investigate the claims, Cooper resigned.         Cooper timely filed a claim with the EEOC, alleging discrimination, harassment, and retaliation arising from Lowery’s alleged pattern of sexual abuse.  ...   COURT DECISION:   (.pdf)   (.html)

☀       March 5, 2018  ...  DcDc:  Brookens v. Labor  ...   Brookens is a former DOL economist with degrees in law and economics.         DOL fired him in 2008.         He then filed grievances for arbitration, claiming, among other things, that his firing was both the result of unlawful age and race discrimination and in retaliation for his participation in protected union activity (such as a grievance he had filed in 1999).         In 2012, an arbitrator disagreed and rejected the claims. Brookens appealed the arbitrator’s decision to the MSPB, which referred the case to an administrative law judge (“ALJ”).   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 2, 2018  ...  5th Cir.:  Mengistu v. MVSU  ...   Tadesse Mengistu is an Ethiopian-born U.S. citizen and an associate professor in the Department of Business Administration at Mississippi Valley State University. In 2013, his department hired a candidate from South Korea with substantial private sector experience as an assistant professor. Mengistu later discovered that the newly hired assistant professor made more than he did and sued. He alleged that the university and department chair Jongchai Kim (who happens to be Korean) discriminated against Mengistu by paying the newly hired professor a higher salary despite his lower rank and lesser qualifications.   ...   DECISION:   (.pdf)   (.html)

☀       March 2, 2018  ...  FLRA:  Prisons v. AFGE  ...   On November 7, 2016, Arbitrator Vern E. Hauck issued an award finding, in relevant part, that the Agency violated the Fair Labor Standards Act (FLSA)[1] by failing to compensate two types of employees (officers) – relief officers and non-relief officers – for activities that they performed before and after their assigned shifts. As a remedy, the Arbitrator directed the Agency to compensate the officers with overtime pay.         There are two main questions before us.         The first question is whether the award is contrary to the FLSA and the Portal-to-Portal Act (the Act)[2] because it directs the Agency to compensate relief and non-relief officers, respectively, for the time that they spent traveling to and from their duty posts.         The second question is whether the awarded remedy is deficient.   ...   FLRA DECISION:   (.pdf)   (.html)

☀       March 1, 2018  ...  10th Cir.:  Winston v. Ross  ...   THE VICTIM AND THE COURT.  ...   THE VICTIM :   Deborah L. Winston sued her former employer, the National Weather Service (NWS), an agency of the United States Department of Commerce, under the Americans with Disabilities Act (ADA) and the Rehabilitation Act for discrimination on the basis of disability and for unlawful retaliation.         Ms. Winston’s lawsuit asserted that (1) NWS discriminated against her by failing to provide reasonable accommodations for her disability, and (2) it retaliated against her on several occasions for requesting reasonable accommodations.         She appeals the district court’s grant of summary judgment in favor of the National Weather Service.    THE COURT :   The record shows that Ms. Winston’s performance evaluation was generally positive, she ultimately received time off to vote, and the letter of caution was premised on mistakes she admitted to having made.         Ms. Winston has not shown that NWS’s requiring a doctor’s note for sick leave or that exercising additional scrutiny of her performance amounted to materially adverse action.   ...   COURT DECISION:   (.pdf)   (.html)

☀       March 1, 2018  ...  DcDc:  Pars v. CIA  ...   DON'T FUNK WITH THE CIA!.  ...   Mr. Pars is a veteran employee of the ClA.         In December 2014, he began an one-year assignment as the Deputy Chief of Base, a management position, at a base located in a conflict Zone.         In this position, he allegedly observed certain “unusual and inappropriate” behaviors of the Chief of Base (“COB”) which he feared “negatively impacted the Base’s ability to meet its mission of assisting Intelligence Community (lC) and US military partners, and endangered the lives of personnel.”         For example, the COB allegedly often spent time cooking, baking, socializing, entertaining, exercising, and shopping, and insisted on traveling in areas of indirect fire attack to perform certain of these activities, putting herself and other military personnel in danger.         In one instance, the COB and her personnel allegedly traveled through an area that was hit by a rocket ten minutes later. In another instance, the COB allegedly missed a meeting With a senior U.S. military official in order to cook.         The COB also allegedly told Mr. Pars that she was “horribly depressed” ` and missed her family. According to Mr. Pars, she selected certain individuals to become her “adopted sons,” and gave preferential treatment to those individuals, entertaining them and permitting them to shirk their work responsibilities.         In or around January 2015, upon advice from the base’s Psychological Officer, Mr. Pars disclosed his concerns to the “Chief,” the next person in the chain of command. [After] the Chief allegedly relayed Mr. Pars’ disclosure to the COB, they allegedly retaliated against Mr. Pars by excluding him from key 'meetings, micromanaging his work, and exhibiting “belligerent and threatening behavior” towards him.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 28, 2018  ...  9th Cir.:  Duggan v. Defense  ...   Petitioner George Duggan brought this action under the Whistleblower Protection Act against the Department of Defense, alleging that the Department took several adverse personnel actions against him in retaliation for his protected disclosures about misconduct at the Defense Contract Audit Agency (“DCAA”). Following an unsuccessful appeal to the Merit Systems Protection Board (“Board”), Petitioner timely seeks review.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 28, 2018  ...  9th Cir.:  Johnen v. MSPB  ...   Petitioner Michael Johnen alleges that the United States Department of the Army terminated him and excluded him from his work site because he had made complaints that are protected under the Whistleblower Protection Act.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 27, 2018  ...  2d Cir.:  Zarda v. Altitude  ...   SECOND CIRCUIT PANEL SAYS GAYS ARE "ME TOO" FOR SEXUAL DISCRIMINATION COMPLAINTS.  ...   Donald Zarda brought this suit against his former employer alleging, inter alia, sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”)[...]. In particular, Zarda claimed that he was fired after revealing his sexual orientation to a client.         The United States District Court for the Eastern District of New York (Bianco, J.) granted summary judgment to the defendants on the ground that Zarda had failed to show that he had been discriminated against on the basis of his sex.         We convened this rehearing en banc to consider whether Title VII prohibits discrimination on the basis of sexual orientation such that our precedents to the contrary should be overruled.         We now hold that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex,” in violation of Title VII, and overturn Simonton and Dawson v. Bumble & Bumble,   ...   (.pdf)   (.html)

☀       February 26, 2018  ...  FLRA:  Prisons v. AFGE  ...   On October 3, 2016, Arbitrator Kathleen Miller issued an award finding that the Agency violated the parties’ agreement and the Federal Service Labor-Management Relations Statute (Statute)[1] when it reserved certain assignments, days off, and shifts for non-bargaining-unit employees before giving bargaining-unit employees the opportunity to bid on assignments, days off, and shifts as well as when it allowed non-bargaining-unit employees to participate in the bidding process under the parties’ agreement.         On November 2, 2016, the Agency filed five substantive exceptions.         This case primarily turns on one question—whether, as the Agency argues, the award is contrary to law because it is contrary to its management rights under § 7106 of the Statute. In order to answer this question, we take this opportunity to reevaluate how we analyze exceptions alleging that an award is contrary to a management right under § 7106 of the Statute.         Under our new standard, we find that the award excessively interferes with the Agency’s management rights to assign employees and to assign work. [...]   ...   FLRA DECISION:   (.pdf)   (.html)

☀       February 23, 2018  ...  DcDc:  Banks v. Conner  ...   AGRICULTURE DISPUTES DECISION THAT HER REMOVAL FROM SES WAS SEX BASED.  ...   Plaintiff Denise Banks brought this action under Title VII of the Civil Rights Act of 1964 against Defendant Secretary of the U.S. Department of Agriculture (“USDA” or “Defendant”), alleging, among other things, that she was discriminatorily removed from her Senior Executive Service position while employed at USDA based on her sex and race.         Plaintiff’s discrimination claims survived summary judgment and proceeded to trial.         At trial, the jury agreed that Plaintiff’s sex was a motivating factor in her demotion and returned a damages award of $100,000. The jury, however, found in favor of USDA on Plaintiff’s race discrimination claim.         The jury’s verdict lies at the heart of the parties’ motions that are now before the court. In a motion filed under Rule 50 of the Federal Rules of Civil Procedure, USDA argues that the verdict cannot be sustained and asks the court to enter judgment as a matter of law in its favor on Plaintiff’s sex discrimination claim.         [...] Plaintiff, on the other hand, maintains that the verdict should be upheld and, by her own motion, seeks an equitable award consisting of reinstatement to the Senior Executive Service, back pay, and a clean employment record.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 22, 2018  ...  DcDc:  Robinson-Douglas v. Coastal  ...   WHEN WOMEN ARE DISCIPLINED FOR CLEAR ACTS OF MISCONDUCT, SOME FALSELY CLAIM SEX DISCRIMINATION AND SEXUAL HARASSMENT AS REAL REASON.  ...   Plaintiff Content Robinson-Douglas v(“plaintiff’) brings this action against her former employer, defendant Coastal International Security, Inc. (“defendant” or “Coastal”) to challenge her allegedly unlawful termination. In her amended complaint, plaintiff contends that Coastal violated Title VII of the Civil Rights Act [...] by discriminating against her on the basis of sex and retaliating against her for engaging in statutorily protected activities.         Coastal counters that plaintiff Was terminated not on the basis of sex or as an act of retaliation, but because plaintiff failed a security test and committed various infractions of company policy While stationed as a security guard at the Department of Commerce (“DOC”).         Coastal has thus moved for summary judgment on all claims. Upon consideration of the parties’ submissions andthe entire record, defendant’s motion for summary judgment is GRANTED.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 22, 2018  ...  Fed. Cir.:  Lockwood v. DVA  ... Petitioner petitions for review of an arbitration decision sustaining his indefinite suspension from employment with the Department of Veterans Affairs (“VA”).         Petitioner is employed as a firefighter at the VA Medical Center near Alexandria, Louisiana. In July 2014, the VA police began an investigation into allegations that the petitioner was stalking female employees at the hospital facility.         As part of the investigation, a VA police officer filed a series of police investigative reports in October 2014. In the initial report, dated October 2, 2014, the officer recounted statements made by five individuals who reported that the petitioner had followed female employees around the medical campus; had entered an employee’s vehicle uninvited; had engaged in unwanted physical contact with one employee; and had “followed other employees off campus to their residences” and “followed other female employees around town.” Some of the women stated that the petitioner had made them feel uneasy and unsafe.         A follow-up report dated October 7, 2014, described additional allegations of stalking, including a statement from one employee that the petitioner’s constant presence had caused her anxiety and fear. She added that she could not work late when needed “due to the fact that he is constantly around and watching her.” In another report, the officer described an incident that he personally observed in which the petitioner sprinted toward an employee and then followed a few paces behind her before abruptly leaving the area when he noticed the police officer’s presence.         On October 15, 2014, two officers from the VA police department notified the petitioner that there was a warrant for his arrest and transported him to the local sheriff’s office where he was booked on three counts of stalking.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 21, 2018       NO NEW DECISIONS, INFO. SORRY.

thanks 4 your service.

☀       February 16, 2018  ...  DcDc:  Parks v. Giant Food   ...   THREATENED,TRANSFERRED, WRITTEN UP, TERMINATED.      Tony D. Parks was formerly employed at various Giant Food grocery stores. On April 3, 2017, he brought a law suit against Giant in D.C_ Superior Court, alleging that after being promoted he “was not given the proper raise and after he filed a “retaliation suit” he was “threatened by a manager,transferred, written up then terminated.”   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 15, 2018  ...  VAOIG:  ADMINISTRATIVE INVESTIGATION – VA SECRETARY AND DELEGATION TRAVEL TO EUROPE.       The 11-day trip included two extensive travel days and three-and-a-half days of official events—with a cost to VA of at least $122,334.      The group’s schedule, however, included significant time for preplanned tourist activities by Secretary Shulkin, his wife, and others on the delegation.         After a thorough investigation, OIG’s findings included (1) the Chief of Staff’s alteration of a document and misrepresentations to ethics officials caused Secretary Shulkin’s wife to be approved as an “invitational traveler,” which authorized VA to pay her travel costs (although only airfare was claimed); (2) Secretary Shulkin improperly accepted a gift of Wimbledon tickets and related hospitality; (3) a VA employee’s time was misused as a personal travel concierge to plan tourist activities exceeding that necessary for security arrangements; and (4) travelers’ documentation was inadequate to determine the trip’s full costs to VA. The OIG did not assess the value of the trip to VA or determine whether the Europe travel, as conducted, was “essential,” per VA policy.      Summary   Report

☀       February 14, 2018  ...  DcDc:  Caires v. FDIC  ...   WHEN THE "FLIP-THIS-HOUSE" FUN FADES ... OVER 5 MILLION IN DEBT.  ...   For Plaintiff Richard Caires, it might feel like Groundhog Day. Caires, who has been trying to avoid repayment of a $5.5 million loan he obtained from Washington Mutual Bank in 2005, has filed, reworked, and re-filed several markedly similar lawsuits in four different courts over the past ten years. Each time he loses – whether on the merits or because of a jurisdictional bar – he tries again. This time around, Plaintiff has filed suit against the Federal Deposit Insurance Corporation seeking a declaratory judgment on the current ownership of the loan and damages for a bevy of alleged injuries.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 14, 2018  ...  DcDc:  Braun v. Interior  ...   Plaintiff Jason Brian Braun is a former employee of the Department of the Interior (“DOI”). After his employment ended in 2010, Braun brought administrative claims that he had been subject to disability discrimination during his employment.  ...   COURT DECISION:   (.pdf)   (.html)

☀       February 13, 2018  ...  Fed. Cir.:  Hirschfield v. OPM  ...   WHAT A WASTE OF COURT TIME: $240 ... WANTED TO SEE HER SAME-SEX MARRIAGE UP IN LIGHTS ?   ...   S.G. Hirschfield was unmarried at the time of her retirement from federal service in January 2012. On May 5, 2015, she married Jean Roberta Rizzo. On February 17, 2016, she elected a partial survivor annuity payable to Rizzo in the event of Hirschfield’s death.         In April 2016, OPM informed Hirschfield that she had received an overpayment of $240.00. Here, Hirschfield appeals the final decision of MSPB which affirmed a $240 annuity overpayment calculation by OPM.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 12, 2018  ...  Fed. Cir.:  O'Farrell v. Defense  ...   REVERSED ... DAMIT ... REVERSED !!!  ...   Petitioner Michael J. O’Farrell, Jr. appealed to the Merit Systems Protection Board (“MSPB”), alleging, inter alia, that his employing agency, the U.S. Department of Defense (“DOD” or “Government”) failed to grant him military leave for active military service in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) [...] . An administrative judge (“AJ”) issued an initial decision denying Mr. O’Farrell’s claim and dismissing his appeal.         DECISION:  We have considered the Government’s remaining arguments and find them unpersuasive. Accordingly, the Final Decision of the Merit Systems Protection Board is REVERSED.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 12, 2018  ...  FLRA:  ILUNA v. National Guard  ...   Statement of the Case   This matter is before the Authority on a negotiability appeal filed under § 7105(a)(2)(E) of the Federal Service Labor-Management Relations Statute (Statute). It concerns the negotiability of one multi-part proposal that would require the Agency to provide certain dual-status technicians (technicians) with military uniforms or, in the alternative, an $800 annual allowance for such uniforms.         The parties dispute what portions of the proposal are before the Authority—namely, whether or not the portions that apply to enlisted technicians are at issue.         The Union argues that the portions of the proposal at issue concern whether the Agency could provide: (1) officer or warrant officer technicians (collectively, officer technicians) with uniforms; and (2) an $800 annual allowance to officer technicians or enlisted technicians if they do not receive a uniform.         The Agency included with its statement of position (statement) a copy of a Federal Service Impasses Panel (Panel) settlement, and argues that the Panel settlement resolved the issue of enlisted technician uniforms and allowances, and that the only remaining portion of the proposal involves whether or not the Agency can provide officer technicians with uniforms or, alternatively, allowances.         Turning to the negotiability of the proposal, [...]   ...   FLRA DECISION:   (.pdf)   (.html)

☀       February 9, 2018  ...  4th Cir.:  Fleming v. Richard v. Spencer  ...   Bruce Fleming, an English Professor at the United States Naval Academy, challenges three employment actions — a letter of reprimand, the denial of a merit pay increase, and the denial of a request for funding — as a violation of his First Amendment right to academic freedom.         This case involves the “comprehensive” and “integrated scheme of administrative and judicial review” established by Congress in the Civil Service Reform Act (“CSRA”), for claims arising out of federal employment.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 8, 2018  ...  11th Cir.:  Patsalides v. Fort Pierce  ...   SHE GOT HER MALE CO-WORKER FIRED QUICKLY DESPITE QUESTIONABLE ALLEGATIONS, NOW SHE WANTS TO GET PAID,TOO.  ...   Nicole Patsalides appeals the district court’s grant of summary judgment to the City of Fort Pierce on her claims of employment discrimination on the basis of sexual harassment and retaliation [...].         Patsalides’s claims arise from a series of incidents between herself and a male co-worker that occurred after her three months of police training on the job and in her first two weeks as a patrol officer for the police department of the City of Fort Pierce. During that time, by her account, a male patrol officer with whom she worked touched her repeatedly in ways that she considered to be inappropriate, and in general showed an undue interest in her. Over the relevant two-week period, the male officer touched her arm, shoulder, or hands on approximately ten different occasions, and on one occasion rubbed his hand on her thigh from up by her service belt all the way down to her knee. The male officer would also arrive as backup on police calls to which Patsalides was dispatched without being called for, and tried to maximize the amount of time that he spent with her.         Notably, however, Patsalides does not claim that the male officer ever made any remarks of a sexual or flirtatious nature to her.         After two weeks of this sort of behavior, Patsalides reported the male officer to a superior in the police department.         Within a day the department launched an investigation. Within three days the male officer was placed on paid administrative leave.         Thereafter, his employment with the City was terminated.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 8, 2018  ...  FLRA:  Justice (Prisons) v. AFGE  ...   MOST UNION REPS --- SPEND MOST OF THEIR TIME --- OBSTRUCTING GOOD MANAGEMENT.  ...   The prison guard admitted that he had used marijuana when he tested positive during a routine test. His supervisor and Union representative encouraged him to submit to a retest. He agreed and again tested positive.         Then, following established procedures, the supervisor scheduled an interview with the guard and his Union representative. At the interview, however, the Union representative repeatedly interfered with the supervisor’s investigation by “suggest[ing]” and “feeding answers” to the guard as to how he should respond to the supervisor’s questions.         Consequently, the supervisor asked the Union representative several times to stop “interfer[ing]” with his investigation and to stop “asking questions . . . that did not pertain to the investigation.”         As the Judge noted, the Agency has a “legitimate interest . . . [in] preserving the integrity of the investigation”[8] and that an agency may “place reasonable limitations on the . . . representative’s participation . . . in order . . . to achieve the objective of the examination.” ... Read On ... Read On.  ...   FLRA DECISION:   (.pdf)   (.html)

☀       February 7, 2018  ...  Fed Cir.:  Soliman v. U.S. (State)  ...   Soliman is a former State Department employee who served as a legal advisor in the State Department’s Iraqi Transition Assistance Office (“ITAO”). Executive Order 13,431 established ITAO as a temporary office to support the United States in “concluding remaining large infrastructure projects expeditiously in Iraq, in facilitating Iraq’s transition to self-sufficiency, and in maintaining an effective diplomatic presence in Iraq.” [...]. ITAO personnel were hired pursuant to 5 U.S.C. § 3161, id., which authorizes appointment of personnel to a temporary organization within the government.         On April 30, 2009, the State Department confirmed Soliman’s “temporary excepted appointment” as a “PRT Rule of Law Senior Advisor” in the ITAO for a term effective May 14, 2009 and not to exceed June 13, 2010. [...] The State Department terminated Soliman’s “temporary appointment” with the ITAO effective December 2, 2009.         In 2010, Soliman initiated unsuccessful Equal Employment Opportunity Commission proceedings against the State Department alleging discrimination in connection with his termination. In 2013, Soliman filed suit against the government in the United States District Court for the District of Columbia (“D.C. District Court”) challenging the termination of his employment on multiple grounds, including breach of contract.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 6, 2018  ...  USCFC:  Wade v. (Army)  ...   Plaintiff Tanya V. Wade's most recent duty location, prior to her retirement after thirty-six years of government service, was at the Weapons and Materials Research Directorate (WMRD), a Directorate within the ARL, where she was an "Administrative Officer [GS-13 equivalent] for Dr. Patrick J. Baker, Director of Weapons and Materials Research .... "         In the spring of 2015, Ms. Wade states that she informed her immediate supervisor, the then-Director of WMRD, Dr. Baker, of her intent to retire. During this discussion, Ms. Wade alleges that Dr. Baker asked plaintiff if she was interested in returning to the ARL after she retired to work part-time as a reemployed annuitant for two years.         Ms. Wade claims that she informed Dr. Baker that she was interested in working part-time as a reemployed annuitant, and that Dr. Baker "instructed me to prepare the required documentation. Ms. Wade, however, was not rehired as a reemployed annuitant.         Plaintiff Tanya V. Wade filed a complaint in this court alleging that the defendant, United States Army Research Laboratory (ARL), breached an express or implied-in-fact contract with the plaintiff. Ms. Wade alleges that her agreement with the ARL "stipulated" that, following her retirement from the ARL, she would return to the ARL to work as a re-employed annuitant for two years on a part-time basis.   ...   COURT DECISION:   (.pdf)   (.html)

☀       OPM: New Recruitment, Relocation, and Retention Incentive Waiver Request Templates and Updated Calculation Fact Sheets.

☀       February 2, 2018  ...  ScDc:  Steiner v. Chaabad  ...  BET YOU CANNOT READ THIS DECISION WITHOUT GETTING LOST.  ...   Appellant Rabbi Yehuda Steiner was hired by American Friends of Lubavitch (AFL), a nonprofit affiliated with ―the Chabad-Lubavitch movement,‖ to run AFL‘s campus outreach at George Washington University (GW). The noncompete and noninterference clauses at issue in this case appear in an employment contract Rabbi Steiner signed—on behalf of himself and his wife, Rivky Steiner—with one of the organization‘s representatives, appellee Rabbi Levi Shemtov. When the Steiners‘ employment ended under contested circumstances, Rabbi Shemtov and appellee AFL filed a complaint alleging a breach of contract and successfully sought a preliminary injunction that required the Steiners to refrain from competing or interfering with AFL‘s involvement at George Washington University.   ...   COURT DECISION:   (.pdf)   (.html)

☀       February 1, 2018  ...  6th Cir.:  Wilson v. Brennan  ...   Frank Wilson sued his former employer, the United States Postal Service, bringing 20 separate “claims” under the United States Constitution, Title VII of the Civil Rights Act [...]and tort law (including negligence, conspiracy, and infliction of emotional distress). Nearly all arose from three instances of alleged wrongdoing in 2014, which Wilson largely attributes to racial discrimination.         Wilson primarily alleges that he was subjected to racial discrimination, retaliation for filing charges with the EEOC, and other unlawful conduct three times in 2014. First, a supervisor told him to come into work on a day he had been scheduled to have off. Second, “the proper procedure was not followed” when he was “issued discipline” for (admittedly) failing to wear his seatbelt while operating a mail truck. And third, after he retired, he received a letter warning him that he was in jeopardy of being considered absent without leave because of his recent pattern of absenteeism.         Wilson also complained about five more situations, mostly disciplinary actions, that occurred in 2012. All of these incidents, Wilson asserted, provided a basis for his employment-discrimination, retaliation, and related claims.   ...   COURT DECISION:   (.pdf)   (.html)