Samuel A. Vitaro is a labor arbitrator, mediator, fact-finder, and consultant in private practice; additionally he provides consulting services, case reviews, and he participates as an expert witness in lawsuits involving discrimination or civil service law. He teaches mediation, Merit Systems Protection Board and EEO practice and procedure, and other employment related matters. Between 1982 and 1988, he served as an Administrative Judge with the MSPB, where he decided disputes involving disciplinary matters and EEO matters. Between 1979 and 1982, he was employed as a supervisory trial attorney with the Equal Employment Opportunity Commission, and from 1971 to 1979, he was in private practice in Pittsburgh, PA. He has a B.S. from Pennsylvania State University and a J.D. from the University of Pittsburgh. He is co-author of MSPB Charges and Penalties and several other texts. He may be reached on 415-461-9627, e-mail at svitaro@aol.com, or write him at 334 Los Cerros, Greenbrae, CA. 94904.

Annually-updated, a Dewey best seller. Using Board and Federal Circuit cases as examples, Charges & Penalties offers comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection. Major topics include the basics of adverse actions and charges; causation; charge classification; specific, generic, and narrative charges; power charging; lesser-included offenses; charge interpretation; notice and due process; the conjunctive charge; indefinite suspensions and security-related charges; merging, selecting and drafting the charge; advice for proposing and deciding officials; the penalty; and charges and proof requirements. (more details)

Annually-updated, a Dewey best seller. Using Board and Federal Circuit cases as examples, Charges & Penalties offers comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection. Major topics include the basics of adverse actions and charges; causation; charge classification; specific, generic, and narrative charges; power charging; lesser-included offenses; charge interpretation; notice and due process; the conjunctive charge; indefinite suspensions and security-related charges; merging, selecting and drafting the charge; advice for proposing and deciding officials; the penalty; and charges and proof requirements. (more details)

This text guides practitioners, HR specialists, and supervisors and managers through the complexities of adverse and performance-based actions, with discussion of the governing statutes, regulations, and decisions from the MSPB and Federal Circuit, and practical advice, strategies, and best practices for navigating these disciplinary processes. Major topics include discussion of the Civil Service Reform Act, statutory and regulatory requirements of adverse actions, the agency’s administrative process in taking adverse actions, substantive rights in performance-based actions, and the agency’s administrative process in taking performance-based actions. (more details)

With practice tips, this guide sorts the laws and procedures related to whistleblower reprisal. The guide includes in depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, noteworthy cases, and the Presidential Policy Directive (PPD-19). Major topics include legislative history and sources of law; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie cases and contributing factor analysis; clear and convincing evidence; remedies, damages and relief; administrative and judicial review; and intelligence community whistleblower protections. (more details)

The appeal and review rights from federal processes is confusing, whether you are puzzling over the avenues from an arbitrator’s decision, from an Merit Systems Protection Board (MSPB) mixed case, a whistleblower reprisal claim, an appeal from an Federal Labor Relations Authority (FLRA) Unfair Labor Practice determination or the many other formal processes in the federal government, this book will guide you in the right direction. (more details)

Learn how to effectively and efficiently investigate allegations of employee misconduct with examples, sample forms, and case law discussion. Major topics include what a management inquiry is and how one differs from an administrative investigation, the advantages of an inquiry, how to select a good inquirer, discussion of rights and responsibilities of the inquirer and inquiree, limitations on the inquirer’s authority, interim action, typical charges and penalties, inquiry basics, beginning the inquiry, defining the issues, identifying witnesses, preparing for the inquiry, document gathering, the interview and other ways to collect information, witness preparation, post report activity, and how the report will be used. (more details)

The Art of Advocacy is a thorough, yet concise, instructional text on effective advocacy before the MSPB and arbitrators. Major topics include the basics and importance of advocacy, Board and arbitration practice fundamentals, proof requirements, preappeal advocacy, discovery, motion practice, direct and cross examination, oral and written advocacy, and settlements. (more details)