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NEWS AND CASE ALERT

November 28th, 2023 | Issue #15-08

TABLE OF CONTENTS

MSPB HOSTS NEW E-FILING SYSTEM

We offer legal reference books and audiovisual training on federal civil service, equal employment, and labor law, for attorneys, unions, arbitrators, managers, and agency personnel offices. A small business for over 39 years.
Read the full archive of over 100+ News and Case Alerts online at: deweypub.com/email
NEW RELEASES
First produced in 2005–2006, this course was reviewed and revised in 2023 to add discussion of the Board’s e-filing system, mediation programs, and video hearings, and to delete references to some procedures no longer used by the Board. The basics of the course remain the same—covering the process from filing of the appeal through issuance of the initial decision. (more details)
Format: downloadable .zip containing .mp4 video and .pdf table of contents
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.(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. (more details)
Updated with cases through mid-2023, the Disability Deskbook is an extensive compilation of decisions interpreting the Rehabilitation Act, ADA, ADAAA, and other statutes and implementing regulations, and covers all disability related topics. (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. (more details)
A Dewey bestseller, Compensatory Damages is the seminal text on how to support and defend against claims for compensatory damages and other remedial claims in federal sector employment discrimination cases. Includes case summaries through mid-2023 and a chart of significant awards. (more details)
Using Board and Federal Circuit cases as examples, Charges & Penalties offers comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection. (more details)
Updated annually, the EEO Guide, written by Natania Davis with Ernie Hadley, Founding Author, offers the most comprehensive analysis of federal sector EEO decisions, litigation practice, statutes, regulations, policies, guidance, and practical advice available to practitioners. (more details)
In two volumes, Updated annually, the FLRA Guide is a complete research tool on unit determinations, negotiability and the collective bargaining process, unfair labor practices, and constraints on arbitration. The Guide includes discussion of cases, laws, and litigation practice before the FLRA and its reviewing courts. (more details)

Principles of Federal Sector Arbitration Law

This encyclopedic text features summaries of federal sector arbitration awards addressing significant issues and major arbitration principles from 1999 through 2022. Awards are arranged by topic. Principles includes a table cross-referencing arbitrators to the awards they have issued. (more details)

MSPB HOSTS NEW E-FILING SYSTEM

With some years of preparation, some delays in initiation, and many a quirk in its early implementation, MSPB last month brought forth a new e-Appeal system while simultaneously retiring its legacy e-filing process. Exceptional assistance from Board regional office staff, aided by those anonymous but appreciated souls responding to trouble tickets, allowed Board employees and practitioners to maintain, with a semblance of sanity, their ability to manage Board litigation when the new system went live, and lively it was and is.


Ushered in with the new system was a new regulation—a natural development in the administrative state—explaining when the e-Appeal system must be used, who must use it, and what exceptions are allowed to its use.


Summarized, the Board’s newly-minted e-Appeal regulation, amending 5 CFR 1201.14, explains:


Agency representatives and appellant attorney representatives must register as e-filers;


The e-Appeal system is exclusive for those who use (or must use) it; no pleadings will be accepted by email; pleadings filed by non-electronic means may be rejected;


The e-Appeal system is used for filing pleadings and new appeals within the Board’s appellate jurisdiction and complaints within its original jurisdiction; enforcement petitions; counsel fee requests; damages requests; designations, revocations, and changes in representatives.


E-filing is not used for requests for or opposing class appeals; service of subpoenas; pleadings with SSI or classified information; requests for intervention or amicus participation.


A new feature of the e-Appeal system is immediate access by representatives to all of their cases, similar to the system that EEOC uses. The panel of cases is referred to by the Board as a dashboard—a suitable appellation. A representative logs on and there magically appears each case in which that representative is designated; one may hop from appeal to appeal. And for each appeal there is embedded the repository of pleadings and orders or decisions associated with the case.


The e-Appeal systems (old and new) were unavailable for much of September and most of October of 2023; during that time when the Board was off-line, deadlines were suspended. Board announcements calculated, announced, recalculated, and re-announced the initial case suspension period and several extensions. There are a few statutory filing deadlines for Board appeals; doubtless those will be addressed as new appeals are filed beyond those deadlines.


On its website the Board posts users’ guides; they are mercifully succinct; they should be read. Although the e-Appeal system is straightforward, it has its nuances; they are explained in the guides.


Also to be reviewed is the Board’s Federal Register notice announcing the change in the regulation governing the a-Appeal system and explaining the need for the change in the e-filing operation. 88 F.R. 67055 (September 29, 2023).


For those who are new to the e-Appeal process, or for old hands using the new system for the first time, remember:


   Yes sir, when there is a wrong to right


   Mighty Mouse will join the fight.


   On the sea or on the land,


   He gets the situation well in hand.[*]


More to the point, when there’s a problem, call the regional office where the appeal is lodged (or to be lodged) and seek assistance from the employees there who by now have seen it all, or almost all, and who, like lighthouse keepers of eld, can guide you safely to port.


[*] With thanks: music by Philip Scheib; lyrics by Marshall Barer.

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An authoritative examination of the FMLA, this book includes citations and analysis of governing statutes, regulations and case law. (more details)
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FREE to subscribe via iTunes or RSS

View a detailed list of all past episodes at deweypub.com/podcast
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Written by the late Ernie Hadley and updated by Natania Davis, author of A Guide to Federal Sector Equal Employment Law and Practice, the Guide to Federal Sector Disability Discrimination Law and Practice is a seminal text on disability discrimination case law, statutes, and regulations interpreting and implementing the ADA, ADAAA, Rehabilitation Act, GINA, and Drug Abuse Act. (more details)
A comprehensive, easy to follow, and insightful guide to counseling and investigating EEO complaints, this manual explores the essentials of the EEO complaint process. (more details)