Prehearing 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)

Updated 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)

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)

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)

Annually-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)

Annually-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)

With practice tips, this guide sorts the laws and procedures related to whistleblower reprisal. The guide includes in depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, noteworthy cases, and the Presidential Policy Directive (PPD-19). Major topics include legislative history and sources of law; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie cases and contributing factor analysis; clear and convincing evidence; remedies, damages and relief; administrative and judicial review; and intelligence community whistleblower protections. (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).

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)

This guide provides everything needed in dealing with procedural and due process issues. Major topics include due process and the statutory scheme; liberty and property and what’s due; the Stone, Ward Criteria, Analytical Model; ex parte communication; Stone, Ward factors in actual practice; agency investigations—constitutional concerns; due process and the agency process; the Ward model—due process and harmful error; due process—security clearances, base bars. (more details)

Darshan Sheth presents this video training course on representing agencies before the OSC. Major topics include: agencies’ obligations to cooperate with OSC investigations, responding to OSC requests for information, handling informal and formal stay requests, representation at OSC interviews, dealing with reports of prohibited personnel practices, negotiating settlements, safeguarding confidential materials, disciplinary actions, and handling recommendations for systemic corrective actions. (more details)

Drawing from actual cases, this quick reference offers discovery samples to guide agency representatives through litigation before the MSPB. Major topics include definitions, instructions, interrogatories, document requests, and request for admissions. (more details)

Whether practicing before the EEOC or the MSPB, this training software explores and dissects each step of the litigation process. From pre-discovery to closing arguments, the speakers detail what practitioners before the Board and Commission need to know. (more details)

Winning at the MSPB covers everything necessary to initiate employment actions and build a winning case before the MSPB and is a valuable resource to any agency supervisor or manager, personnel advisor, and representative. Major topics include jurisdiction, timeliness, whistleblower reprisal, USERRA/VEOA, mixed cases, evidence, adverse action procedures, selecting and drafting charges, nexus, selecting and defending the penalty, performance-based actions, affirmative defenses, appeal responses, proper parties, prehearing practice, settlement, the hearing, decision and review, and remedies. (more details)

The Art of Advocacy is a thorough, yet concise, instructional text on effective advocacy before the MSPB and arbitrators. Major topics include the basics and importance of advocacy, Board and arbitration practice fundamentals, proof requirements, preappeal advocacy, discovery, motion practice, direct and cross examination, oral and written advocacy, and settlements. (more details)

Designed for all who work on conduct and performance issues and those who litigate cases, this book serves as a quick reference to federal employment litigation questions. Answers are provided in an easy to read and thorough manner. Major topics include building the case, the hearing, and EEOC and MSPB litigation. (more details)