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Winning at the Merit Systems Protection Board (.pdf download)
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
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  • Jurisdiction—including actions covered and withdrawn appeals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
  • 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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