It can be difficult to follow an instruction from a supervisor that an employee strongly believes is incorrect, unwarranted, or not applicable to the duties of his or her assigned position. However, for federal government employees, it is usually best to follow the adage, “Obey now, grieve later.” If a federal government employee does notRead More
Federal Employment
MSPB Reverses Five-Year Enforced Leave Suspension
Although the Merit Systems Protection Board (MSPB or Board) is currently suffering from a lack of quorum and resulting inability to issue new decisions (Read the Press Release about the lack of quorum Here), the Board appears to have been very busy during the holiday season issuing decisions prior to the departure of MSPB ChairmanRead More
Reasonable Accommodation in the Workplace
The phrase “reasonable accommodation” tends to be something many employees have heard before, but its meaning is not always clear. Reasonable accommodation requests can arise in two different types of situations: (1) When an employee or job applicant suffers from a physical or mental disability and requires certain adjustments to the work environment to accommodateRead More
Arbitration Award for Air Reserve Technician (ART) Bargaining Unit Employees of NAIL Local 7
In National Association of Independent Labor (NAIL), Local 7 and U.S. Department of the Air Force, 4th Fighter Wing, Seymour Johnson Air Force Base, North Carolina, FMCS No. 16-51813 (August 11, 2016), the National Association of Independent Labor (NAIL), represented at arbitration by Bonney, Allenberg & O’Reilly, P.C., received an arbitration award that prevents the AirRead More
Retaliatory Reassignments: Where an employee is involuntarily moved or reassigned because he or she engaged in protected EEO activity, the Agency’s action may be viewed as retaliation.
Many federal government employees who have engaged in the EEO process know all too well that EEO activity may be received negatively by their chain of command. Most federal government employees who engage in the EEO process are also aware that they have the right to file an EEO complaint based on retaliation in theRead More
A Suspension By Another Name Is Still A Suspension
Sometimes, federal agencies will place an employee out of work without pay against the will of the employee. This happens primarily in situations where the employee has been suspended from work for any host of reasons, usually involving some finding of misconduct by the employer. In the federal government, most civil service employees cannot beRead More