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MSPB Basics
A Brief Guide for the Distressed and Perplexed
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By: Broida
Price: $75.00
Edition: 1st/2004
Sku: 04MSBA
ISBN: 1-932612-34-3
Samples: Table of Contents ------- Text Sample
(2004) MSPB Basics

Written by Peter Broida, author of the encyclopedic Guide to Merit Systems Protection Board Law and Practice, this how-to guide condenses and simplifies the major components of MSPB litigation. MSPB Basics explains Board processes and highlights some of the more important Board and Federal Circuit cases. This text is written for the principal benefit of appellants, and also for private sector counsel who will have one or several Board cases but who do not need a major treatise on Board caselaw or intensive treatment of every aspect of Board and Federal Circuit procedure, and is an excellent starting point for independent research. Topics covered are:

  • Overview of the Merit Systems Protection Board—Board organization and function and cases that the Board adjudicates
  • Filing the Appeal—appeal contents, an example appeal, and discussion of complex appeals
  • The Agency’s Response to the Appeal and Preliminary Motions—necessary components of the response
  • Discovery Basics—the document requests, interrogatories, depositions and requests for admissions, and timing of discovery
  • Motion Practice—motions for more time, to strike, for sanctions, to recuse judge, and to compel discovery
  • Discrimination Issues—how to raise a complaint of discrimination before the MSPB
  • Preparation for the Hearing—prehearing orders and submissions and the prehearing conference
  • The Hearing—evidence presentation and organization and closing arguments and posthearing briefs
  • Settlement—how to define your needs and put it on paper, making sure your bases are covered and enforcement
  • The Office of Special Counsel—discussion of whistleblower reprisal
  • Petition for Review—PFR substance and settlement at the PFR level
  • Interaction With the Judge and Opposing Counsel
  • Federal Circuit Appeals
  • Review of Cases Involving EEO Issues
  • Significant Cases of the Board—cases through 2004 relating to jurisdiction, timeliness, procedural due process, hearing, evidence, penalties, misconduct, and affirmative defenses

A detailed table of contents is also included.

Available as a softcover book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download.

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