Dewey is on vacation. All shipping on hold until we return on August 7th
A Guide to the Whistleblower Protection Act and Whistleblower Protection Enhancement Act
By: Fowler & Vitaro
Price: $225.00
Edition: 2nd/2016
Sku: 16WPA
ISBN: 978-1-941825-24-2; 1-941825-24-9
Availability: IN-STOCK (released 7/25/16)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook
16WPA.jpg

Written by subject matter experts Renn Fowler and Sam Vitaro, A Guide to the Whistleblower Protection Act & Whistleblower Protection Enhancement Act provides insights into the case law and procedure of whistleblower reprisal claims, describing in detail the roles of the Merit Systems Protection Board and the Office of Special Counsel. In depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, the Presidential Policy Directive Protecting Employees With Access to Classified Information (PPD-19), practice tips, summaries of the most significant cases impacting whistleblower law, and explanations of the procedural and legal differences between individual right of action and otherwise appealable actions round out this text.

Representatives, personnel specialists, supervisors, and managers rely on this guide to understand:

  • Legislative History and Sources of Law for the Whistleblower Protection Act—including the Civil Service Reform Act, the Whistleblower Protection Act of 1989, the 1994 Amendments, the Whistleblower Protection Enhancement Act of 2012, the No Fear Act, Presidential Policy Directive (PPD-19) and MSPB regulations
  • OSC Operations—including jurisdiction and responsibilities, prohibited personnel practice complaints, whistleblower disclosures to OSC, and referrals to OSC
  • OSC and the MSPB: Corrective and Disciplinary Actions—including OSC’s burden of proof in disciplinary actions and a comprehensive list of summarized OSC whistleblower reprisal cases
  • MSPB Processing of Individuals’ Reprisal and Other Protected Activity Claims: OAAs and IRAs—including distinctions between individual right of actions and other appealable actions; covered employees, agencies and personnel actions; the contents of the OSC complaint; and the merits hearing
  • Whistleblower Reprisal Claims and the Negotiated Grievance Process—including a Q&A section addressing frequently asked questions
  • OSC Stays—including statutory requirements and stay requests procedures
  • Elements of a Reprisal Claim Made By Employees or Applicants—including the elements of an IRA and otherwise appealable action
  • A Closer Look at the Elements: Protected Disclosures and Protected Activity—including the reasonable belief standard; summaries of decisions of significance on “violation of any law, rule or regulations,” “abuse of authority,” “gross mismanagement or gross waste of funds,”; “substantial and specific danger to public health or safety”; and perceived whistleblower status and association with a whistleblower
  • When a Disclosure Is Not a Disclosure—including disclosures of information that is prohibited by law or executive order, and in the “normal course of duties”
  • Prima Facie Case: A Personnel Action and A Contributing Factor—including case summaries of significant decisions relating to personnel actions, security clearance actions, and the contributing factor analysis
  • The Agency’s Burden: It Would Have Taken the Same Action in the Absence of Whistleblowing—including the strength of the agency’s evidence, the existence of motive to retaliate, and evidence of similarly situated employees
  • Remedies, Damages, and Relief—including corrective actions, transfer preference, attorney fees, make whole relief, compensatory and consequential damages, and interim relief
  • Administrative and Judicial Review—including petitions for review, judicial relief, and review of arbitrator’s decisions
  • National Security Employees: The Presidential Policy Directive Protecting Employees With Access to Classified Information—including statutory exclusions, PPD-19, other Dept. of Defense Intelligence employees, and the Intelligence Community Whistleblower Protection Act
  • Appendices include text of 5 USC 1201–1222, 2301, 2302. 2304 and 7703, 5 CFR 1201, 1209 and 1800, the WPEA of 2012, PPD-19, OSC Forms and Guidance, MSPB Judge’s Handbook Chapters 15 and 16, and Overview of MSPB Practice

Also includes a detailed table of contents and table of cases.



Related Items


15SOSC.jpg (2015) Darshan Sheth on Representing Agencies Before OSC

Darshan Sheth presents this video training course on representing agencies before the OSC. Major topics include: agencies’ obligations to cooperate with OSC investigations, responding to OSC requests for information, handling informal and formal stay requests, representation at OSC interviews, dealing with reports of prohibited personnel practices, negotiating settlements, safeguarding confidential materials, disciplinary actions, and handling recommendations for systemic corrective actions. (more details)




(2009) Best of the Board (2009) Best of the Board

Best of the Board is a compilation of the seminal MSPB and Federal Circuit cases from 1978 to the present. Subject matter expert, Peter Broida, details the essence of each case followed by a reproduction of that salient portion of the case text. Major topics include efficiency of the service standard, board decisional processes, evidence, charges and penalties, agency decisional errors, affirmative defenses, unusual jurisdictional issues, settlements, and attorney fees. (more details)




Adverse Actions (2017) (2017) Adverse Actions

This thorough but concise handbook offers supervisors and personnel specialists an easy-to-read, step-by-step, practical approach to taking adverse and performance-based actions. The subject matter is not complicated by legalese. Major topics include the legal framework of adverse actions, jurisdiction, adverse action causes, penalties, proving the case, adverse action procedures, performance based actions, and adverse action appeals. (more details)




18MSPB (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)




18MSCS (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)




    SecurityMetrics for PCI Compliance, QSA, IDS, Penetration Testing, Forensics, and Vulnerability Assessment