This guide closely examines security clearance law and procedures, offering representatives a comprehensive analysis of case law, directives, adjudicative guidelines, regulations and statutes. There have been many changes in the security clearance arena, perhaps of greatest significance, the adjudicative guidelines were revised and became effective on June 8, 2017, and now apply across the board, as compared to previously when different agencies applied different guidelines. Also included are new DOHA decisions based upon the new guidelines. Major topics include the history of security clearances, administrative procedures, hearing and personal appearances procedure, criminal procedure, the polygraph, appeals, cases analyses, and noteworthy court cases. (more details)

RIFs will be the new “furloughs.” An understanding of RIFs is necessary to avoid mistakes. Employees, HR officials, agency counsels, and employee representatives will use this easy-to-use, yet comprehensive guide to master the regulations, statutes, and case law. Major topics include competitive levels and competitive areas, retention registers, bump and retreat rights, severance pay and DSRs, veterans preference, and demotion and termination appeals(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)

A Dewey classic, Discovery Practice Before the MSPB is now in its third edition, offering comprehensive instruction on oral and written discovery before the MSPB, and includes samples of discovery materials, a detailed examination of discovery procedure, relevant case citations, MSPB regulations, and more, to help maximize discovery and better prepare for litigation. Major topics include non-discovery tools for obtaining information, sample instructions, depositions, interrogatories, requests for documents, physical and mental exams, requests for admissions, motions to compel, how to protect against discovery, and sanctions. (more details)

An introductory discourse on MSPB practice, MSPB Basics covers seminal Board and Federal Circuit decisions, Board processes and litigation from the initial appeal through PFR, and relevant regulations. Major topics include an overview of the Board, filing an appeal, the agency’s response and preliminary motions, discovery and motion practice, discrimination, pre-hearing practice, hearing, settlement, whistleblower claims, petitions for review, and significant decisions of the Board. (more details)

For the benefit of agency representatives, this introductory, yet thorough discourse on MSPB practice covers seminal Board and Federal Circuit decisions, Board processes and litigation from the initial appeal through PFR, and regulations. Major topics include Board overview, agency appeal response, discovery, motions practice, settlement, discrimination issues, prehearing procedures, hearings, petition for review, counsel fee petitions, relationships with the judge, opposing counsel and pro se appellants, research, and significant decisions of the Board. (more details)

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)

A review of the laws, regulations, statutes, and caselaw governing the federal government’s Senior Executive Service. Major topics include the history and structure of the SES, qualifications, recruitment, candidate development, selection, oversight and probation, appointments, compensation, executive development, reassignments, details and transfers, performance appraisals, awards, removal of probationers for unacceptable performance, misconduct, RIFs, moratoriums, leave, and reinstatement. (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)

Updated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2019 into concise, usable summaries. Cases are arranged by subject matter areas of Board jurisprudence and further categorized alphabetically. The MSPB Reference Materials free download and an index and 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)

An annually-updated Dewey Best Seller. 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)