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ISBN: 978-1-941825-85-3; 1-941825-85-0
Availability: COMING SOON (MAY 2021)
Samples: Table of Contents (2020 edition) ------- Text Sample (2020 edition)
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.
Easy to read, two column format: view sample pages.
With analysis of 2020 and early 2021 decisions of the MSPB and its reviewing court and major developments during 2020.
For over 35 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
IRA coverage of EEO matters; use of OPM background investigations in adverse actions; contract procedural requirements in adverse action arbitration; evidentiary privilege for comments of union officials; disciplinary actions based on texted off-duty comments; IRA jurisdictional analysis; SES informal hearings; Schedule F appointments; nexus determinations; probationary appointments and reappointment authority; swipe records in AWOL cases; OIG investigations and the hearsay rule; retaliatory investigation raised in IRA appeal; IRA elections of remedies for supervisors and under labor contract grievances; and Biden Executive Order.
This Guide is a component of the American Civil Service Law Series. Also included are a detailed table of contents, case table, bibliography, index, and glossary.
A Guide to Merit Systems Protection Board Law and Practice is available as a softcover two volume book and/or a PDF file with many useful features delivered on a CD-ROM, USB Flash Drive, or download. 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.