Dewey Publications Inc. - Winning at the MSPB (CD-ROM)

Winning at the MSPB

By: Ashner
Price: $55.00
Edition: 1st/2002
Sku: 02WAMS
ISBN: 1-878810-74-X
Samples: Table of Contents ------- Text Sample
Format: eBook (.pdf) download + optional backup CD-ROM

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Jurisdiction�including actions covered and withdrawn appeals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.

Related Items

(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)

(2018) A Guide to MSPB Law and Practice

In two 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 MSPB regulatory revisions, Whistleblower Protection Enhancement Act, jurisdiction, appeals, discovery, hearings, evidence, PFRs, adverse actions and discipline, nexus and mitigation, substantive offenses, performance cases, RIFs, PPPs, retirement, attorney fees, settlement, remedies, and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)

(2018) MSPB Case Summaries

Updated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2018 into concise, useable summaries. Cases are arranged by subject matter areas of Board jurisprudence and further categorized alphabetically. The MSPB Reference Materials CD and a 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, PPPs, retirement, reemployment, remedies, RIFs, settlements, substantive offenses, timeliness, USERRA and VEOA. (more details)

(2018) MSPB Charges & Penalties

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)