NOTICE: Due to covid-19 we are
shipping orders Tuesdays & Thursdays
All eBook orders are available immediately after checkout.
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  • Jurisdiction—including actions covered and withdrawn appeals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
  • 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.

Related Items

14BOMP.jpg (2014) Broida on MSPB Practice

Peter Broida presents this video training course on MSPB practice. Each purchase includes Mr. Broida’s lecture (.mp4 video file sent on a DVD); workbook with reference materials, course notes–outline, and selected cases; and a bibliography. Major MSPB advocacy topics include organization and jurisdiction of the Board; developing the record; litigation management; appeal timeliness; gathering information; MSPB appeals process; motions practice; discovery; prehearing orders, submissions, conferences, and summaries; cases decided without a hearing; hearing preparations; hearings; petitions for review and judicial review; and settlement. (more details)

A Guide to MSPB Law and Practice, 2024 (2024) A Guide to MSPB Law and Practice

In three volumes, updated annually, the MSPB Guide is a complete research tool for Board cases, laws, procedure, and litigation practice and is the seminal text on this complex area of the law. Major topics include jurisdiction, appeals, discovery, hearings, evidence, PFRs, adverse actions and discipline, nexus and mitigation, substantive offenses, performance cases, RIFs, prohibited personnel practices, retirement, attorney fees, settlement, remedies, and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)

MSPB Case Summaries, 2024 (2024) MSPB Case Summaries

Updated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2024 into concise, usable summaries. Cases are arranged by subject matter areas and further categorized alphabetically. The MSPB Reference Materials free download and an index and table of cases rounds out this research tool. Major topics include adverse and performance actions, arbitration/collective bargaining issues, attorney fees, Board procedure, jurisdiction and judicial review, defenses, discrimination, evidence, harmful error, hearings, mitigation, prohibited personnel practices, retirement, reemployment, remedies, RIFs, settlements, substantive offenses, timeliness, USERRA and VEOA. (more details)

MSPB Charges & Penalties, 2024 (2024) MSPB Charges & Penalties

Annually-updated, a Dewey best seller. Using Board and Federal Circuit cases as examples, Charges & Penalties offers 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)