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Samuel Vitaro

Samuel A. Vitaro is a labor arbitrator, mediator, fact-finder, and consultant in private practice; additionally he provides consulting services, case reviews, and he participates as an expert witness in lawsuits involving discrimination or civil service law. He teaches mediation, Merit Systems Protection Board and EEO practice and procedure, and other employment related matters. Between 1982 and 1988, he served as an Administrative Judge with the MSPB, where he decided disputes involving disciplinary matters and EEO matters. Between 1979 and 1982, he was employed as a supervisory trial attorney with the Equal Employment Opportunity Commission, and from 1971 to 1979, he was in private practice in Pittsburgh, PA. He has a B.S. from Pennsylvania State University and a J.D. from the University of Pittsburgh. He is co-author of MSPB Charges and Penalties and several other texts. He may be reached on 415-461-9627, e-mail at svitaro@aol.com, or write him at 334 Los Cerros, Greenbrae, CA. 94904.


MSPB Charges & Penalties
A Charging Manual
MSPB Charges
By: Fowler & Vitaro
Price: $275.00
Sku: 17MSCP
Edition: 9th/2017
ISBN: 978-1-941825-38-9; 1-941825-38-9
Availability: IN-STOCK (released 5/5/17)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

A Dewey Best Seller. Charges & Penalties offers the most comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection by using Board and Federal Circuit cases as examples. Using Board and Federal Circuit cases as examples, Charges & Penalties offers the most comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection. Major topics include the basics of adverse actions and charges; causation; charge classification; specific, generic, and narrative charges; power charging; lesser-included offenses; charge interpretation; notice and due process; the conjunctive charge; indefinite suspensions and security-related charges; merging, selecting and drafting the charge; advice for proposing and deciding officials; the penalty; and charges and proof requirements. (more details)




A Guide to the Whistleblower Protection Act and Whistleblower Protection Enhancement Act
16WPA.jpg
By: Fowler & Vitaro
Price: $225.00
Sku: 16WPA
Edition: 2nd/2016
ISBN: 978-1-941825-24-2; 1-941825-24-9
Availability: IN-STOCK (released 7/25/16)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

With practice tips, this guide sorts the laws and procedures related to whistleblower reprisal. The guide includes in depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, noteworthy cases, and the Presidential Policy Directive (PPD-19). Major topics include legislative history and sources of law; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie cases and contributing factor analysis; clear and convincing evidence; remedies, damages and relief; administrative and judicial review; and National Security Employees. (more details)




Conducting Misconduct Inquiries
(2009) Conducting Misconduct Inquiries
By: Vitaro, Goodfriend & Gilbert
Price: $135.00 On Sale! $101.25
Sku: 09CMI
Edition: 1st/2009
ISBN: 1-934651-32-X
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Learn how to effectively and efficiently investigate allegations of employee misconduct with examples, sample forms, and case law discussion. Major topics include what a management inquiry is and how one differs from an administrative investigation, the advantages of an inquiry, how to select a good inquirer, discussion of rights and responsibilities of the inquirer and inquiree, limitations on the inquirer’s authority, interim action, typical charges and penalties, inquiry basics, beginning the inquiry, defining the issues, identifying witnesses, preparing for the inquiry, document gathering, the interview and other ways to collect information, witness preparation, post report activity, and how the report will be used. (more details)




The Art of Advocacy
What to Do and How to Do It Before the MSPB and Arbitrators
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By: Fowler & Vitaro
Price: $160.00 On Sale! $112.00
Sku: 11AOA
Edition: 1st/2011
ISBN: 978-1-934651-53-7
Availability: IN-STOCK (released 10/13/11)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

The Art of Advocacy is a thorough, yet concise, instructional text on effective advocacy before the MSPB and arbitrators. Major topics include the basics and importance of advocacy, Board and arbitration practice fundamentals, proof requirements, preappeal advocacy, discovery, motion practice, direct and cross examination, oral and written advocacy, and settlements. (more details)



Adverse Actions and Performance-Based Actions
Process, Law and Cases, Guidance, and Pitfalls
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By: Fowler & Vitaro
Price: $160.00 On Sale! $120.00
Sku: 11AAPA
Edition: 1st/2011
ISBN: 1-934651-50-8
Availability: IN-STOCK (released 06/30/11)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

This text guides practitioners, HR specialists, and supervisors and managers through the complexities of adverse and performance-based actions with discussion of the governing statutes, regulations, and cases from the MSPB and Federal Circuit and practical advice, strategies, and best practices for navigating these disciplinary processes. Major topics include discussion of the Civil Service Reform Act, statutory and regulatory requirements of adverse actions, the agency’s administrative process in taking adverse actions, substantive rights in performance-based actions, and the agency’s administrative process in taking performance-based actions. (more details)



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