A Charging Manual
By: Fowler & Vitaro
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Updated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2022 into concise, usable summaries. Cases are arranged by subject matter areas 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, prohibited personnel practices, retirement, reemployment, remedies, RIFs, settlements, substantive offenses, timeliness, USERRA and VEOA. (more details)
In three 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 jurisdiction, appeals, discovery, hearings, evidence, PFRs, adverse actions and discipline, nexus and mitigation, substantive offenses, performance cases, RIFs, prohibited personnel practices, retirement, attorney fees, settlement, remedies, and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)
Newly updated, this guide provides practice notes and examples of provisions that are grouped by settlement topics. Major settlement provision topics include access to and return of agency property and access to facilities, actions upon and consequences of breach, cancellation or rescission of action, conditions of ongoing employment, construction of agreement, disclosure and maintenance of information, enforcement, financial considerations for the appellant, future employment, introductory clauses, leave status, performance, promotion, substituted employment actions, termination of appeal, waiver of rights, and miscellaneous settlement terms. (more details)
An updated and vastly expanded classic, this instructive text advises supervisors, managers, and HR specialists on how to take sustainable disciplinary actions with case examples, but none of the legal jargon. Major topics include: basic principles, law of the workplace, disciplinary offenses, disciplinary measures, determining penalties, establishing the facts, absenteeism, dishonesty, offenses against government property, off-duty conduct, sexual offenses, workplace violence, alcohol/drug use, offenses by supervisors, performance problems, protected activities, procedures and administrative details, preventive steps, and firing your worst employee.(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)
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)
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 software 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.
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 decisions 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)