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Dewey Publications Inc.
News and Case Alert
Issue #8-8
TABLE OF CONTENTS
Dewey Publications
Winter Sale
Sale ends
February 15th, 2017
50% Off

Federal Sector Sexual Harassment Law
Federal Sector Sexual Harassment Law

By: Laws & Hadley
Price: $135.00
On Sale! $67.50
Sku: 08FSSH


Senior Executive Service Legal Guide
Senior Executive Service Legal Guide

By: Broida & Davis
Price: $100.00
On Sale! $50.00
Sku: 09SESG

and more!

40% Off

MSPB Discovery Forms for Agency Representatives
(2004) MSPB Discovery Forms for Agency Representatives

By: Broida
Price: $100.00
On Sale! $60.00
Sku: 04MSDF


Best of the Board
(2009) Best of the Board

By: Broida
Price: $80.00
On Sale! $48.00
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and more!

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The Art of Advocacy
The Art of Advocacy

By: Fowler & Vitaro
Price: $160.00
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Sku: 11AOA


Federal Sector Advocacy: The Boxed Set
Federal Sector Advocacy: The Boxed Set

By: Broida & Gilbert
Price: $750.00
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Sku: 14ABS


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Consolidated Federal Sector EEO Update 2004-2016
Consolidated Federal Sector EEO Update 2004-2016

By: Gilbert & Sumner
Price: $225.00
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Sku: 16CEUP


Principles of Federal Sector Arbitration Law
Principles of Federal Sector Arbitration Law

By: Broida
Price: $235.00
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and more!

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New Releases

UnCivil Servant

By: Wiley
Price: $75.00
Sku: 16UCS
Edition: 4th/2016
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Federal Sector Telework

By: Davis
Price: $75.00
Sku: 16FST
Edition: 1st/2016
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The Complete Federal Supervisor's Guide to Human Resources Management

By: Corum
Price: $75.00
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Edition: 1st/2016
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Labor Arbitration Practice for the Federal Sector

By: Bosland
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Edition: 2nd/2016
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MSPB Issues Guidance on Adverse Actions

Is the MSPB Guide rendered obsolete, or merely redundant, by the December 2016 Board Report to the President and Congress, "Adverse Actions: A Compilation of Articles"? Readers will need to make their own decision, but the brand new report form the Board's Office of Policy and Evaluation is a terrific short course on substantive and procedural aspects of disciplinary cases, with a little extra discussion of performance cases. And there's a brief explanation of Board hearing and appellate procedures. The Report should be printed and chained to the library table (for those facilities with libraries). Check it out at mspb.gov

Here's the table of contents:

  1. A Primer in Pieces
  2. Second-Hand News Can be Misleading
  3. The Adverse Action Process - A Flowchart
  4. Performance-Based Actions under Chapters 43 and 75 of Title 5 - Similarities and Differences
  5. Different Types of Adverse Actions Use Different Rules
  6. Legal Sources for the Right to Notice and a Meaningful Opportunity to Reply
  7. Decision-Maker Must Listen and Have Power to Decide
  8. Connecting the Job and the Offense ("Nexus")
  9. Labels are Not Required, but if Used They Must be Proven
  10. Determining the Penalty
  11. How Employees Become Similarly Situated for Purposes of an Adverse Action Penalty
  12. Avoid Facilitating Prohibited Personnel Practices (PPPs)
  13. Agency Officials' Substantive and Procedural Errors and How to Fix Them
  14. Identifying Probationers and Their Rights
  15. The Limited Powers of the U.S. Merit Systems Protection Board
  16. Why Federal Employees Have the Right to a Hearing
  17. How a Hearing is Conducted
  18. Implementing or Challenging Initial Decisions
  19. Additional Resources
  20. Adverse Actions: A Compilation of Articles (complete report)

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25% Off
American Civil Service
Law Series
2016 editions only, sale ends 2/15/2017

A Guide to Merit Systems Protection Board Law and Practice
By: Broida
Price: $675.00 $506.25
Sku: 16MSPB
Edition: 33rd/2016
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A Guide to Federal Labor Relations Authority Law and Practice
By: Broida
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A Guide to Federal Sector Equal Employment Law and Practice
By: Hadley
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MSPB Case Summaries
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Sku: 16MSCS
Edition: 7th/2016
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More Due Process From the Federal Circuit

The Federal Circuit, whose docket principally consists of intellectual property disputes, continues to blaze the way as to constitutional due process issues arising in Board litigation. For years, the Board relegated to a harmful procedural error analysis challenges to substantial errors in statutory and regulatory procedures governing the adverse action notice, reply, and decision stages. But with decisions in Stone and Ward, the Federal Circuit elevated the level of concern to constitutional dimensions, following Supreme Court precedent establishing a government job as a property right under the Fifth Amendment, deprivation of which may not occur without due process of law. In its latest decision on the topic, Federal Education Ass'n. v. Dept. of Defense Domestic Dependents Elementary and Secondary School, No. 2015-3173 (Precedential Nov. 18, 2016), the court determined that if, prior to issuance of an adverse action proposal, a high-level agency official makes known to the ultimate proposing and deciding officials the higher-level interest in removing the employee, due process is violated, and the resulting decision will be reversed, if the employee was not made aware of the expression of interest prior to completion of the reply process.

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OWBPA Release and Waiver Provisions Even When Age Discrimination is Not Raised?

Everyone (almost everyone) knows that an OWBPA release and waiver should be included in the settlement of any employee over the age of 40 who settles a case through resignation or retirement and the employee previously asserted age discrimination in connection with the actions settled. What about when the employee did not raise age discrimination in some manner prior to the settlement? Revising earlier law, EEOC determined in Hester S. v. Yang, Chairman, EEOC, 0120121983 (Oct. 24, 2016), that OWBPA applies to waivers of ADEA rights or claims regardless of whether the rights or claims were raised before the execution of the settlement containing a global release. So, practitioners, make sure those OWBPA releases and waivers are included in settlement agreements for us folk protected by ADEA if a global release is to achieve its desired effect-and those terms include, to be sure, the seven-day revocation period.

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Coming Soon

Due Process in Adverse and Performance-Based Actions
By:
Fowler
Price: $225.00
Sku: 17DPAP
Edition: 2nd/2016
Availability: January 2017
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A Guide to Merit Systems Protection Board Law and Practice
By: Broida
Price: $695.00
Sku: 17MSPB
Edition: 34th/2017
Availability: May 2017
More details at:
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A Guide to Federal Labor Relations Authority Law and Practice
By: Broida
Price: $695.00
Sku: 17FLRA
Edition: 30st/2017
Availability: June 2017
More details at:
deweypub.com/flraguide


A Guide to Federal Sector Equal Employment Law and Practice
By: Hadley
Price: $695.00
Sku: 17EEO
Edition: 30th/2017
Availability: June 2017
More details at:
deweypub.com/eeoguide


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