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Availability: IN-STOCK (released 4/12/17)
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Format: Printed Book; pdf eBook on CD (Save $100); or Book & pdf eBook on CD (+$100)
Written by Peter Broida, a longtime practitioner before the Merit Systems Protection Board, a lecturer on MSPB practice, and author of other various comprehensive titles on the law and procedure of the MSPB, the MSPB Guide is the standard reference on the MSPB and its reviewing court, the Federal Circuit. This treatise provides practice guidance and analyses of the relevant statutes, regulations, and case law. It is annually updated and extends back to the Board’s 1978 inception.
New easier to read, two column format: view sample pages.
With analysis of 2016 and early 2017 decisions of the MSPB and its reviewing court and major developments during 2016 this edition includes an examination of:
- statutory administrative leave restrictions and authorizations
- agency reporting requirements for adverse actions under the 2017 Defense Appropriations Act
- Federal Circuit’s emphasis on rehabilitation analysis in adverse actions
- new decisions concerning proper and improper assistance to others in the hiring process
- further definition of the “lack of candor” charge
- the “single pile” EEO evidentiary analysis
- use of affirmative defenses orders
- WPEA protection for grievance filings and protections provided, or not provided, for employees who report regulatory infractions or who are perceived as providing information to inspectors general
- treatment of collateral litigation challenges in whistleblower cases
- cat’s paw analysis in whistleblower actions and defenses
- Federal Circuit treatment of the “clear and convincing” evidentiary standard and closer analysis of Board decisions
- due process considerations in the formative, pre-reply stages of an adverse action
- Board authority to accept and enforce settlements in appeals with jurisdictional issues
For over 30 years, agencies, unions, and employee representatives, and others who administer personnel, civil rights, and labor relations programs have relied on the MSPB Guide for its authoritative reporting and advice on topics including:
- Board and Federal Circuit Jurisdiction—including who may appeal and the types of actions that are appealable
- Appeals: Initial Decisions and Petitions for Review—including when and how to appeal and dismissals
- Pre-Hearing, Post-Hearing and Hearing Practices—including evidence, discovery, motions, pleading requirements and witnesses
- Adverse Actions and Performance Cases—including constructive adverse actions and service efficiency
- Nexus and Mitigation—including specific nexus determinations and the Douglas factors
- Substantive Offenses—including insubordination, negligence, security clearance and suitability issues, absences, threats, misuse of government property, falsification, and more
- Harmful Error
- Affirmative Defenses—including discrimination and prohibited personnel practices
- Retirement and Reemployment
- Settlement, Remedies, Attorney Fees and Enforcement
- Judicial Review
- USERRA and VEOA
- Reductions in Force
- Research Techniques and References
This Guide is a component of the American Civil Service Law Series. Also included are a detailed table of contents, case table, bibliography, and index.
A Guide to Merit Systems Protection Board Law and Practice is also available on a CD-ROM as a .pdf file with many useful features. Hyperlinks allow the reader to move quickly between the Table of Contents and Index entries and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text, and web links of major cases take users to full text versions available online.