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Aug 22, 2016

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

Aug 11, 2016

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

Jul 07, 2016

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

Feb 04, 2016

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

Aug 28, 2015

EEO Investigations, Part 2 of 2: Think About the End Before You Amend When it Comes to EEO Complaints

Any time a federal government worker is thinking about filing an EEO complaint, some of the most significant considerations involve the potential relief or remedy you could receive if you are successful in your EEO complaint.  Two of the most important questions to ask yourself are: (1) What do I want to happen as aRead More

Aug 28, 2015

EEO Investigations, Part 1 of 2: Keep the Agency Accountable for 180-day Investigations in EEO Cases

In EEO cases filed against federal government agencies, the EEOC allows for a 180-day investigation period starting from the date the complainant files his or her formal complaint of discrimination.  Specifically, the 180-day timeframe is set out in the EEOC’s Management Directive 110 (MD-110), which sets out policies, procedures, and guidance for federal sector discriminationRead More

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Recent Posts

Reduction-in-Forces (RIFs) Do’s and Don’ts

An agency must use the reduction-in-force regulations, 5 CFR Part 351, before separating or demoting an employee because of an organizational reason such as reorganization, including lack of work, shortage of funds, insufficient personnel ceiling, or the exercise of certain Read More

What Civil Servants Can Do Now to Prepare for the Unknown

As a law firm, much of what we do and what we recommend is reactive in nature: Discriminated against on the job? — Then file an EEO complaint! Received a proposed disciplinary action? — Then reply to it! It’s difficult to speculate about what might happen in the future, Read More

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