A Charging Manual
By: Fowler & Vitaro
ISBN: 978-1-941825-38-9; 1-941825-38-9
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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)
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)
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)
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)
This text guides practitioners, HR specialists, and supervisors and managers through the complexities of adverse and performance-based actions with discussion of the governing statutes, regulations, and cases from the MSPB and Federal Circuit and practical advice, strategies, and best practices for navigating these disciplinary processes. Major topics include discussion of the Civil Service Reform Act, statutory and regulatory requirements of adverse actions, the agency’s administrative process in taking adverse actions, substantive rights in performance-based actions, and the agency’s administrative process in taking performance-based actions. (more details)
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)
An updated and expanded classic, this instructive text advises supervisors, managers, and those that advise them on how to take sustainable disciplinary actions with case examples, but none of the legal jargon. Major topics include management and employee obligations, formal and informal discipline, determining penalties, establishing the facts, insubordination, alcohol and drug use, off-duty conduct, workplace violence, performance problems, protected activities, common management mistakes, how to prevent wrongdoing, and firing the worst employee. (more details)
This concise yet comprehensive handbook coaches managers, supervisors, and agency officials on how to prepare for and effectively testify in defense of their case before the MSPB, EEOC, in arbitration and other adjudicatory proceedings. Major topics include a review of the tribunals, standards and burdens, the seven classic mistakes, and testifying. (more details)
A practicum in disciplinary charges, this e-training disc explores the complex nature of this critical element of adverse actions. Video and audio clips, reference to real world examples, and interactive questions help guide and explain the elements of charges and how to properly frame them. (more details)