By: Broida
Price: $775.00
Edition: 40th/2023
Sku: 23MSPB
ISBN: 978-1-956013-22-1
Availability: COMING SOON (SPRING 2023)
Samples: Table of Contents (from 2022 edition) ------- Text Sample (from 2022 edition)
Written by Peter Broida, a longtime practitioner before the Merit Systems Protection Board, a lecturer on MSPB practice, and author of other 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 2022 and early 2023 decisions of the MSPB and its reviewing court and major developments during 2022.
For over 36 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—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—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, index, and glossary.
A Guide to Merit Systems Protection Board Law and Practice is available as a softcover three 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.
(2023) A Federal Sector Guide to the FMLA & Related LitigationAn authoritative examination of the FMLA, this book includes citations and analysis of governing statutes, regulations and case law. Major topics include a review of FMLA legislation, applicability of the FMLA in the federal government, coverage of employees and family members, eligibility, covered conditions, notice requirements, documentation, leave amount and scheduling, paid leave, maintenance of benefits, return to work, record-keeping, prohibited acts, enforcement and remedies, COVID-19, Families First Coronavirus Response Act, Emergency Paid Sick Leave Act, Expanded Paid Family and Medical Leave Act, and the interaction of FMLA with other laws. (more details)
(2023) MSPB Case SummariesUpdated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2023 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)
(2023) MSPB Charges & PenaltiesAnnually-updated, a Dewey best seller. Using Board and Federal Circuit cases as examples, Charges & Penalties offers 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)
(2023) Motions Practice before the MSPB and the EEOCPrehearing and post-hearing motions, as well as rules of motion practice are studied in this newly updated practical and helpful guidebook. The authors examine motions presented to the Board and the Commission separately, paying special consideration to how to most effectively use motions for the desired result. Major topics include federal rules of civil procedure and basic, pre- and post-hearing motion practice before the Merit Systems Protection Board and Equal Employment Opportunity Commission. (more details)
