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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.
VISIT US ONLINE AT
www.deweypub.com
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Jenny Yang Appointed EEOC Chair
Jenny Yang was appointed as EEOC's Chair on September 1, 2014. Ms. Yang, a graduate of Cornell University and NYU Law School, was admitted to practice law in 1996. Ms. Yang was an attorney with a multi-state law firm where the litigated civil rights and employment actions and she served as an attorney with the National Employment Law Project. Chair Yang also worked with the Justice Department's Civil Rights Division enforcing laws prohibiting employment discrimination by state and local governments. Before becoming EEOC's Chair, Ms. Yang was a Commissioner and Vice Chair. She led the Commission's review of its program operations affecting systemic discrimination.
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Special Panel Decides the Alvara Case
The latest phase of Alvara v. DHS concluded with the Special Panel's decision, affirming the EEOC and roundly rejecting the MSPB's position, on September 29, 2014. The decision, about 45 pages, including a dissent by the MSPB representative on the Panel, Ann Wagner, the Board's Vice Chairman, is reported at 2014 MSPB 77 and it is on the MSPB website page devoted to precedential decisions.
The Panel's decision essentially concludes that the issue of whether the essential elements of a job are susceptible to shift changes or limitations as an accommodation for disability is a matter of EEO, not civil service law. Rejecting the notion that civil service law is violated by any Commission decision affecting management's right to assign work under 5 USC 7106 or under adverse action review standards affirming the right of an agency to set job requirements and shift requirements, the Panel affirmed the Commission (with the effect of reversing Mr. Alvara's dismissal), and sent the case back to the MSPB to implement restoration of Mr. Alvara to duty and for assessment by a Board administrative judge of compensatory damages and other relief.
Contributing to the result reached at the Special Panel were Dewey authors Gary Gilbert and Ernest Hadley, representing Mr. Alvara. Peter Broida filed amicus briefs that drew no positive comment and mild criticism from the dissent.
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The Dewey Publications Podcast
Dewey now offers a free weekly podcast, hosted by Peter Broida, on federal civil service law. Each week Mr. Broida selects for discussion a few new decisions from the MSPB, FLRA, their reviewing courts, and occasionally the EEOC. Tips for practitioners are also included.
Listen to the episodes on our podcast page deweypub.com/podcast or subscribe for free via iTunes or RSS feed to get episodes as soon as they are published.
October 1st, 2014
left click to listen/right click save to download Several items of interest are discussed this week by Peter Broida: - Alvara v. DHS, 2014 MSPB 77 (Sept. 29, 2014) (the Special Panel's decision affirming the EEOC's position on accommodation of work schedule assignments)
- AFGE Local 44 and Dept. of Agriculture, FSIS, 67 FLRA721 (Sept. 30, 2014) (the doctrine of functus officio and arbitrators' responsibilities to entertain counsel fee petitions)
- NASA, Goddard Space Flight Center and Robert Walsh and AFGE, 67 FLRA No. 150 (Sept. 19,. 2014) (the contract bar rule and the timing of decertification petitions)
- Dissents and concurrences of FLRA Member Patrick Pizzella
- Appointment of Jenny Yang as EEOC Chair.
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Patrick Pizzella's Dissents at the FLRA Continue
Consider MSPB and EEOC decisions a bit dry? Think about the parched issuances of the FLRA on negotiability and kindred issues. But that's changed. The Republican Member, Patrick Pizzella, offers many dissents and a few concurrences to FLRA decisions that, with considerable wit, question the federal labor relations process as viewed from the topside down. Grievances that should not be pursued, negotiability disputes over minor matters, are the stuff of Mr. Pizzella's comments. You may or may not agree with the insights he expresses, but they are worth reading. A little more verbal salsa would be a welcome addition to the decisions of the MSPB, in our view. Check out the opinions of Mr. Pizzella by going to the Authority's website, www.flra.gov and in the "decisions" section going to the search panel and typing into the "Decision Text" box: Pizzella & dissenting [or Pizzella & concurring].
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