I recently read a Press Release from the Office of Communications, Office of Personnel Management (OPM). The release was entitled “FY2016 Official Time Report Highlighting Taxpayer Funded Union Time Released by the U. S. Office of Personnel Management.” I was immediately struck by the inherent bias of the release which referred to “official union time”Read More
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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
Administrative v. Criminal Investigations
The question is when is an investigation purely administrative and when is it a criminal investigation. Most federal employees are aware that they must participate in agency investigations whether they want to or not. Most federal employees also know they have a constitutional right not to self-incriminate. The problem is knowing when is an administrativeRead More
Grievance Arbitration vs. EEOC Complaints
The heart and soul of labor unions is the collective bargaining agreement. What makes the collective bargaining agreement so valuable is binding arbitration. So why is it that unions are sending their cases over to the EEOC for processing? Two reasons: (1) it is easier to drop a case on the EEOC for them toRead More
Proposed Disciplinary Action Proceedings in Federal Employment
Sometimes, a federal government employee will find himself or herself in the unfortunate situation of receiving a proposed disciplinary action. For most tenured civil service employees, no discipline affecting the employee’s pay may be issued without first providing the employee with notice of a proposed disciplinary action and an opportunity to respond to the proposal.Read More
The Merit Systems Protection Board
The Merit Systems Protection Board, commonly referred to as the MSPB, was created by the Civil Service Reform Act of 1978 to replace the old Civil Service Commission. The Merit Systems Protection Board is a quasi-judicial agency that hears appeals of federal employees who have been removed, demoted, or suspended for more than fourteen (14)Read More