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Dewey Publications Inc.
News and Case Alert
Issue #8-7
TABLE OF CONTENTS
New Releases

UnCivil Servant

By: Wiley
Price: $75.00
Sku: 16UCS
Edition: 4th/2016
More details at:
deweypub.com/ucs



Federal Sector Telework

By: Davis
Price: $75.00
Sku: 16FST
Edition: 1st/2016
More details at:
deweypub.com/fst



The Complete Federal Supervisor's Guide to Human Resources Management

By: Corum
Price: $75.00
Sku: 16FSHR
Edition: 1st/2016
More details at:
deweypub.com/fshr



Labor Arbitration Practice for the Federal Sector

By: Bosland
Price: $225.00
Sku: 16LAP
Edition: 2nd/2016
More details at:
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Compensatory Damages and Other Remedies

By: Gilbert
Price: $250.00
Sku: 16CDOR
Edition: 8th/2016
More details at:
deweypub.com/cdor



A Guide to the Whistleblower Protection Act and Whistleblower Protection Enhancement Act

By: Fowler & Vitaro
Price: $225.00
Sku: 16WPA
Edition: 2nd/2016
More details at:
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MSPB Charges & Penalties

By: Fowler & Vitaro
Price: $250.00
Sku: 16MSCP
Edition: 8th/2016
More details at:
deweypub.com/mscp

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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TURN SQUARE CORNERS WITH THE MSPB

Quick question: who said "Men must turn square corners when they deal with the government?"

The MSPB did not say it, but in Morris v. Dept. of Navy, 2016 MSPB 37 (Oct. 31, 2016), the Board dismissed a PFR with prejudice for the appellant's repeated failure to file a petition for review that complied with the MSPB regulation governing the word count in a PFR.

What word count? Under Section 1201.114(h) of the Board's regulations, a PFR is to be 30 pages or 7,500 words, exclusive of tables of contents and authorities, attachments, and a service certificate. Mr. Morris submitted several PFRs in succession, each failing to meet either the requirements of the regulation or instructions concerning necessary corrections from the Board's Clerk. The Board surveyed its own regulation on sanctions and its own caselaw, helpfully observing that "we note that the Board's interpretation of its own regulations is entitled to great deference." (If the Board won't defer to its own interpretation, who will?) The Board also surveyed a couple of decisions from circuit appellate courts dealing with noncompliant briefs. The result was that the PFR was dismissed with prejudice, meaning it was not considered on the merits.

Lesson learned, practitioners? Be mindful of the Board's instructions on PFRs. Rewriting one of these pleadings is best avoided by getting it right the first time. Check out Morris at: http://www.mspb.gov/mspbsearch/viewdocs.aspx?docnumber=1351634&version=1356961

And the answer to the question? Mr. Justice Holmes in Rock Island, Arkansas & Louisiana Railroad Co. v. United States, 254 U.S. 141 (1920).

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2016 American Civil Service Law Series
25% Off Sale
(Sale ends December 31, 2016)

A Guide to Merit Systems Protection Board Law and Practice
By: Broida
Price: $675.00 $506.25
Sku: 16MSPB
Edition: 33rd/2016
Availability: In-Stock
More details at:
deweypub.com/mspbguide


A Guide to Federal Labor Relations Authority Law and Practice
By: Broida
Price: $575.00 $431.25
Sku: 16FLRA
Edition: 29th/2016
Availability: In-Stock
More details at:
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A Guide to Federal Sector Equal Employment Law and Practice
By: Hadley
Price: $675.00 $506.25
Sku: 16EEO
Edition: 29th/2016
Availability: In-Stock
More details at:
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Coming Soon

Due Process in Adverse and Performance-Based Actions

By: Fowler
Price: $225.00
Sku: 16DPAP
Edition: 2nd/2016
Availability: January 2017
More details at:
deweypub.com/dpap


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