RECOMMENDATIONS FOR AGENCY REPRESENTATIVES
From Peter Broida, publisher:
As a publisher and as an attorney handling civil service, labor, and EEO cases for decades on behalf of employees, unions, and, on occasion, federal agencies, I offer some acquisition suggestions for my colleagues who represent federal agencies. My assumption is that your work will include the broadest variety of litigation and counsel in civil service, labor, and EEO cases, coupled with the need for reference materials involving security clearance and workers compensation matters.
My recommendation for practitioners is to use the digital form of these publications. Our digital books are .pdf files that can be sent to you on CD-ROM, USB drive or download. The files are hyperlinked internally with cross references and externally to selected cases or statutes available on the Internet, and useful for cutting and pasting text into written pleadings. You can take the file along with your laptop to a hearing or mediation. For those who use our digital products, remember that they are copyrighted, sold with single-user licenses, and are not to be placed onto shared networks.
Also, remember that the law changes. Keep current. Use the most recent edition of our annually-updated texts. We update them for a reason: to provide the most recent caselaw that we can put into print.
I am also recommending some training videos, because I know that you will occasionally need to train attorneys who are recent graduates or seasoned attorneys first venturing into federal sector employment litigation.
A recommended reference library of basic materials includes:
For civil service issues, including discipline and performance actions (replies at the agency level, grievances going to arbitration, or appeals to MSPB):
- Due Process in Adverse and Performance-Based Actions
- Reduction in Force
- Federal Sector Telework
- MSPB Guide
- MSPB Case Summaries
- MSPB Charges & Penalties
- A Guide to the Whistleblower Protection Act and Whistleblower Protection Enhancement Act of 2012
- Adverse Actions and Performance-Based Actions
- MSPB Discovery Forms for Agency Representatives
- MSPB Basics: The Agency Edition
- Discovery Practice before the MSPB
- USERRA/VEOA Deskbook
- Crafting Durable Settlement Agreements
- Settlement Forms for MSPB and EEOC
- Video: Broida on MSPB Practice
- Video: Broida on Federal Sector Administrative Advocacy
- Audio: MSPB: Litigation Techniques
- Darshan Sheth on Representing Agencies Before OSC
- UnCivil Servant
- Federal Sector Process, Appeal, and Review Rights
- Conducting Misconduct Inquiries
For grievances, mediation, arbitration, and unfair labor practices:
- Labor Arbitration Practice for the Federal Sector
- The Advocate's Practical Guide to Using Mediation
- FLRA Guide
- Principles of Federal Sector Arbitration Law
- Litigating Federal Sector Employment and Labor Law Disputes
- The Art of Advocacy
- Video: Broida on Federal Sector Arbitration
- Video: Broida on Federal Sector Mediation
- Video: Broida on Federal Sector Settlement
- Audio: Arbitration Advocacy
- Resolving Disputes in the Federal Workplace
For negotiations:
- FLRA Guide
- Broida on Negotiability
- Collective Bargaining Law for the Federal Sector
For EEO matters:
- Federal Sector Harassment Law
- Effective Summary Judgment Motions
- A Federal Sector Guide to the FMLA & Related Litigation
- The Art of Advocacy
- EEO Guide
- Consolidated Federal Sector EEO Update 2004-2022
- Representing Agencies and Complainants Before the EEOC
- Litigating Federal Sector Employment and Labor Law Disputes
- Compensatory Damages and Other Remedies
- EEO Discovery Forms for Agency Representatives
- Federal Sector Disability Discrimination Law Deskbook
- A Guide to Federal Sector Disability Discrimination Law and Practice
- Motions Practice before the MSPB and the EEOC
- Video: Broida on Federal Sector Administrative Advocacy
- Covid-19 and Federal Sector Labor and Employment Law
- A Federal Sector Guide to the FMLA & Related Litigation
- FMLA Basics
- Video: Gilbert & Broida on EEO Advocacy
Security Clearance:
- Security Clearance Law and Procedure
Workers Compensation:
- Federal Sector Workers' Compensation
- Federal Sector Workers' Compensation Basics
