Dewey Publications Inc. - Winning at the MSPB (.pdf download)

Winning at the Merit Systems Protection Board
A Step-By-Step Handbook for Federal Agency Supervisors, Managers, Lawyers, and Personnel Officials
By: Ashner
Price: $55.00
Edition: 1st/2002
Sku: 02WAMS
ISBN: 1-878810-74-X
Samples: Table of Contents ------- Text Sample ------- About eBooks & License Agreement

Written by Harold Ashner, an experienced attorney who has served with MSPB, OPM, and other federal agencies, this handbook details how to build a winning case at the agency level and before the MSPB. Complete with a table of cases, sample forms, research tools, statutes, and regulations, Winning at the MSPB is an excellent reference for supervisors and managers taking an employment action, agency lawyers or personnel officials advising or representing management, and employee representatives interested in instruction on:

Jurisdiction�including actions covered and withdrawn appeals
Timeliness�including late appeals
Whistleblower Reprisal�including individual rights of action, otherwise appealable actions, corrective actions, and disciplinary cases
USERRA and VEOA
Contractual and Mixed Cases�including grievance procedures
Investigating and Documenting Misconduct
Evidence�including burden of proof, forms of evidence, admissibility, weight of the evidence, and evidentiary shortcuts
Adverse Action Procedures�including notice, reply, and decision
Selecting and Drafting Charges�including how to select and frame a sustainable charge and common charges
Establishing a Nexus�including common nexus issues
Selecting and Defending the Penalty�including Douglas factors
Performance-Based Actions�including using valid performance standards, performance improvement periods, and whether to take action
Affirmative Defenses�including harmful error, discrimination, prohibited personnel practices and whistleblower reprisal
Responding to the Appeal�including filing a timely response, challenging jurisdiction or timeliness, and dealing with confidential appeals
Proper Parties and Actions�including consolidation and joiner, class appeals, and intervenors
Prehearing Practice�including MSPB�s 120-day processing goal, motion practice, service requirements, discovery, and witnesses
Settlement�including common settlement terms, entering settlement into the record, and settlement challenges
Hearing�including format, role of representatives and AJ, presenting evidence, direct and cross examination, and objections
Decision and Review�including the initial decision, interim relief, PFRs, and judicial review
Remedies�including corrective action, compliance, and attorney fees
Appendix I: Research Tools�including MSPB, OPM, private sector, and other federal government sources
Appendix II: Sample Forms�including agency adverse action and performance-based forms, appeal forms, acknowledgment orders, subpoenas, and agency-generated appeal forms
Appendix III: Statutes and Regulations
Appendix IV: Glossary

Also includes a detailed table of contents and index.

Available in ebook (.pdf) format only.

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