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Dewey Publications Inc.
News and Case Alert
Issue #9-5
TABLE OF CONTENTS
New Releases

MSPB Charges & Penalties
A Charging Manual
MSPB Charges & Penalties - A Charging Manual, 2017

By: Fowler & Vitaro
Price: $275.00
Sku: 17MSCP
Edition: 9th/2017
More details at:
deweypub.com/mscp




Adverse Actions
A Guide for Federal Managers and Personnel Specialists
Adverse Actions, A Guide for Federal Managers and Personnel Specialists, 2017

By: Corum
Price: $75.00
Sku: 17AA
Edition: 5th/2017
More details at:
deweypub.com/aa



Principles of Federal Sector Arbitration Law
Principles of Arbitration Law, 2017

By: Broida
Price: $250.00
Sku: 17POA
Edition: 5th/2017
More details at:
deweypub.com/poa



MSPB Case Summaries
MSPB Case Summaries, 2017

By: Broida & Davis
Price: $225.00
Sku: 17MSCS
Edition: 8th/2017
More details at:
deweypub.com/mscs



Due Process in Adverse and Performance-Based Actions
Due Process and Performance-Based Actions, 2017

By: Fowler
Price: $225.00
Sku: 17DPAP
Edition: 2nd/2017
More details at:
deweypub.com/dpap



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



Federal Sector Telework
Federal Sector Telework, 2016
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:
deweypub.com/lap



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View a detailed list of all past episodes here.


Coming Soon

Administration of Leave and Medical Documentation Requests
Administration of Leave and Medical Documentation Requests, 2017

By: Laws
Price: $225.00
Sku: 17ALMD
Edition: 2nd/2017
More details at:
deweypub.com/almd




Compensatory Damages and Other Remedies
In Federal Sector Employment Discrimination Cases
Compensatory Damages and Other Remedies, 2017

By: Gilbert
Price: $250.00
Sku: 17CDOR
Edition: 9th/2017
More details at:
deweypub.com/cdor



Consolidated Federal Sector EEO Update 2004-2017
Consolidated Federal Sector EEO Update 2004-2017

By: Gilbert & Sumner
Price: $250.00
Sku: 17CEUP
Edition: 5th/2017
More details at:
deweypub.com/ceup



Federal Sector Disability Discrimination Law Deskbook
Federal Sector Disability Discrimination Law Deskbook, 2017

By: Gilbert & Sumner
Price: $225.00
Sku: 17DDLD
Edition: 6th/2017
More details at:
deweypub.com/ddld


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

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The Federal Circuit Finds Unconstitutional a Portion of the Statute Requiring Attenuated Review of Actions Against Department of Veterans Affairs SES Members

It will be recalled that as a consequence of public disclosure in 2014 of untimely care of veterans at some VA facilities, Congress enacted the Veterans' Access to Care through Choice, Accountability, and Transparency Act of 2014, Public Law 113-146, signed by the President on August 7, 2014, and effective that date. The statute contained many provisions concerning health care, facilities, and funding. Among those provisions was Section 707, drastically modifying the procedures for removal or "transfer" (placement into General Schedule positions) of VA SES members and severely limiting MSPB review of VA's actions. The law established an expedited process for Board review-more accurately, for review by AJs, since the MSPB and its members were removed from the review process, that is, there was no petition for review from an AJ's decision. On May 9, the Federal Circuit, ruled unconstitutional, as a violation of the Appointments Clause, the portion of the statute divesting MSPB presidentially-appointed members of the ability to review an AJ's decision. The court left intact the accelerated review process. The case was sent back to the Board with the AJ's decision undisturbed, leaving the parties the option of filing a petition for review of that decision with the Board.
Helman v. VA, _F.3d_ (Fed. Cir. 2017).



American Civil Service Law Series
2017 A Guide to MSPB
Now Available!


A Guide to Merit Systems Protection Board Law and Practice
By: Broida
Price: $695
Sku: 17MSPB
Edition: 34th/2017
Availability: IN-STOCK
More details at:
deweypub.com/mspbguide

A Guide to Federal Labor Relations Authority Law and Practice
By: Broida
Price: $695
Sku: 17FLRA
Edition: 30th/2017
Availability: May 2017
More details at:
deweypub.com/flraguide

A Guide to Federal Sector Equal Employment Law and Practice
By: Hadley
Price: $695
Sku: 17EEO
Edition: 30th/2017
Availability: June 2017
More details at:
deweypub.com/eeoguide

MSPB Case Summaries
By: Broida & Davis
Price: $225
Sku: 17MSCS
Edition: 8th/2017
Availability: IN-STOCK
More details at:
deweypub.com/mscs

What's a New Board to Do?
Publisher's Wish List

Sooner or later, the MSPB will regain a quorum through one or two appointments by the President, following Senate confirmation. And what that happens, the Board will need to determine what institutional changes shall occur. Your publisher considered that matter and, exercising his First Amendment right to petition the Government, sent the letter that follows to Vice Chairman Mark Robbins, who serves as the acting chair of the Board:

Dear Mark:

During this time of transition, I know that you and others at the Board are considering how Board operations may and should change in the months and years to come.

This seemed an opportune time for me to offer a few comments, which I will style my "wish list," with a few suggestions for changes that might be considered in an effort to make the Board more public, more transparent, and more efficient in its operations. Here we go:

MSPB WISH LIST

HEADQUARTERS

Abolish the distinction between precedential and nonprecedential decisions.

Hire an ALJ to have someone develop the specialized expertise necessary to adjudicate cases that can only be heard by an ALJ, and save money in contracting costs; the ALJ would hear ordinary appeals as time permits and consistent with the authority in 5 CFR 930.207, including OPM waivers.

Jettison the current FOIA system and set up an internal MSPB process overseen by FOIA specialists that produces timely responses to FOIA requests and appeals.

Undertake an annual survey of representatives of both agencies and appellants to get their views on improvements and other suggestions for Board operations; summarize and report the survey results on the Board's website.

Establish a working group to include Board officials, AJs, and representatives of counsel for appellants, agencies, and unions, to annually review and report on suggested developments for Board operations, procedures, training and educational efforts. Publish the recommendations and actions taken on the Board website.

Create a comment box on the e-filing system to solicit suggestions of Board stakeholders for improvements in the Board e-filing system. Require a substantive response to those suggestions.

Create and place on the MSPB website summaries of MSPB law and procedures, and provide video training on the appellate process, including hearings.

Establish an interagency working group including MSPB, FLRA, and EEOC, to develop, with postings on the Board's website of meetings, open to the pubic, methods of streamlining and reducing delay and duplication of existing procedures for hearings and appeals.

Organize, catalogue, and post on the Board website internal operating procedures, manuals, and instructions for headquarters and regional case processing.

Clearly delineate and post on the Board's website the functions of the Clerk's office relative to case processing and adjudication.

Post on the Board's website rulemaking petitions and Board responses to those petitions.

Establish an Ombudsman to field, screen, and address legitimate concerns from stakeholders concerning Board operations, including their interaction with AJs, Board staff, and the Board's efiling system.

REGIONS

Require each Board region and field office to organize semiannual conferences with members of the bar, to include AJs, to get to know each other and to exchange news and views on Board operations and to provide training.

Establish in each region and post on the Board website a list of counsel willing to consider pro bono representation as well as representation for appellants suffering mental disabilities and needing counsel when none is designated.

Establish automatic refiling of all cases going on DWOP, unless there is good cause to require optional refiling.

Review and document the required existing and continuing training for AJs.

Require that each AJ's initial decision be accompanied with a quality review assessment sent to each counsel in the case and require that those quality reviews be evaluated by the Board and annually summarized, without identifying particular AJs, in a report posted on the Board's website.

Post regional and field office hearing schedules on the Board website, without names of appellants, to permit the public to know of and attend hearings that are supposed to be "public."

Perhaps these will be of benefit to you and your colleagues. I've enjoyed compiling the list.

With kindest regards, I am,

Yours very truly,

Peter B. Broida

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