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January 24th, 2021 | Issue #13-01
JANUARY 22, 2021
Dewey's FREE MONTHLY "News and Case Alert" keeps you up-to-date with the latest federal sector employment and labor laws, cases and news.
Read the full archive of over 100+ News and Case Alerts online at:

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 cases 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.
This book provides federal managers and supervisors who are new to federal civil service an overview of the structure and dynamics of federal civil service. It includes the rights and responsibilities of the federal manager and how to exert their authority within the system. Also covered are the five phases of managing federal employees: job structuring, hiring, managing performance, maintaining discipline, and managing leave and attendance. And concludes with the issues of EEO and labor relations.
Well, that didn’t take long. Within a couple days in office, President Biden issued an Executive Order revoking the orders from the Trump Administration that allowed assignment of some civil servants into Excepted Service positions lacking civil service protections, restricted union official time and access to government facilities, directed agencies to significantly restrict the scope of collective bargaining and negotiated grievance procedures, and made it darned difficult to resolve civil service cases through settlements altering the nature of the personnel actions leading to those cases. The order from President Biden directs agencies to bargain over permissive subjects and disestablishes the Interagency Labor Relations Working Group and whatever it accomplished. OPM is directed by President Biden to take steps necessary to undo the regulations it issued to implement the Trump Administration Executive Orders. Unions will doubtless be requesting FLRA to reconsider negotiability or other decisions that were guided by the the earlier Executive Orders. President Biden’s Order is reprinted.

JANUARY 22, 2021
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. Career civil servants are the backbone of the Federal workforce, providing the expertise and experience necessary for the critical functioning of the Federal Government. It is the policy of the United States to protect, empower, and rebuild the career Federal workforce. It is also the policy of the United States to encourage union organizing and collective bargaining. The Federal Government should serve as a model employer.
Sec. 2. Revocation of Schedule F. (a) The creation of a new Schedule F excepted service category in Executive Order 13957 of October 21, 2020 (Creating Schedule F in the Excepted Service), not only was unnecessary to the conditions of good administration, but also undermined the foundations of the civil service and its merit system principles, which were essential to the Pendleton Civil Service Reform Act of 1883’s repudiation of the spoils system. Accordingly, to enhance the efficiency of the civil service and to promote good administration and systematic application of merit system principles, Executive Order 13957 is hereby revoked.
(b) The heads of all executive departments and agencies (agencies) shall, consistent with law, immediately suspend, revise, or rescind proposed actions, decisions, petitions, rules, regulations or other guidance pursuant to, or to effectuate, Executive Order 13957. The Director of the Office of Personnel Management (OPM) shall immediately cease processing or granting any petitions that seek to convert positions to Schedule F or to create new positions in Schedule F.
Sec. 3. Revocation of Certain Presidential and Regulatory Actions. (a) Executive Order 13836 of May 25, 2018 (Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining), is hereby revoked. The Interagency Labor Relations Working Group is hereby disbanded and the Director of OPM shall withdraw all materials issued by this working group that are inconsistent with the policy set forth in section 1 of this order.
(b) Executive Order 13837 of May 25, 2018 (Ensuring Transparency, Accountability, and Efficiency in Taxpayer-Funded Union Time Use), is hereby revoked.
(c) Executive Order 13839 of May 25, 2018 (Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles), is hereby revoked.
(d) The Presidential Memorandum of October 11, 2019 (Executive Orders 13836, 13837, and 13839), is hereby revoked.
(e) The heads of agencies whose practices were covered by Executive Orders 13836, 13837, and 13839 (affected agencies) shall review and identify existing agency actions related to or arising from those orders. Such actions include:
(i) Actions related to the authorization of union time described in sections 4(b) and 5(b) of Executive Order 13837;
(ii) Actions related to the system for monitoring the use of union time described in section 5(c) of Executive Order 13837;
(iii) Guidance promulgated pursuant to section 7(d) of Executive Order 13837;
(iv) Actions taken pursuant to section 8 of Executive Order 13837;
(v) Revisions to discipline and unacceptable performance policies, including ones codified in bargaining agreements, issued pursuant to section 7(b) of Executive Order 13839; and
(vii) The final rule entitled “Probation on Initial Appointment to a Competitive Position, Performance-Based Reduction in Grade and Removal Actions and Adverse Actions,” 85 Fed. Reg. 65940 (October 16, 2020).
(f) The heads of affected agencies shall, as soon as practicable, suspend, revise, or rescind, or publish for notice and comment proposed rules suspending, revising, or rescinding, the actions identified in the review described in subsection
(e) of this section, as appropriate and consistent with applicable law and the policy set forth in section 1 of this order.
Sec. 4. Ensuring the Right to Engage in Collective Bargaining. The head of each agency subject to the provisions of chapter 71 of title 5, United States Code, shall elect to negotiate over the subjects set forth in 5 U.S.C. 7106(b)(1) and shall instruct subordinate officials to do the same.
Sec. 5. Progress Toward a Living Wage for Federal Employees. The Director of OPM shall provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal employees.
Sec. 6. Severability. If any provision of this order, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of such provision to other persons or circumstances shall not be affected thereby.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE, January 22, 2021.
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View All of the American Civil Service Law Series online at:

The EEO Guide offers the most comprehensive analysis of federal sector EEO decisions, litigation practice, statutes, regulations, policies, guidance, and practical advice available to practitioners.

The FLRA Guide is a complete research tool on unit determinations, negotiability and the collective bargaining process, unfair labor practices, and arbitration.

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.

This comprehensive text digests notable Commission and federal court employment discrimination cases from 2003 through early 2020 and reviews EEO laws, regulations, guidance, and recent trends.

Condenses MSPB and Federal Circuit decisions from 1999 through early 2020 into concise, usable summaries. Cases are arranged by subject matter areas of Board jurisprudence and further categorized alphabetically.


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federal civil service, equal employment, and labor law,
for attorneys, unions, arbitrators, managers,
and agency personnel offices.

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