07-09:.MSPB:.OWCP
TRUMPS AWOL REMOVAL. Removal Reversed Due To Positive OWCP Decision.
An adverse action based on a charge of AWOL cannot be sustained if OWCP
determines that the employee was entitled to compensation benefits as a
result of a work-related injury for the entire time period charged as AWOL.
Brown, 92
M.S.P.R. 95, .and
.Satterfield,
80
M.S.P.R. 132... Recent
Decision
07-02:.DISCLAIMER:
PERMERICA.COM
IS AN INDEPENDENT NON-GOVERNMENTAL WEBSITE
07-04:.YOURS
TRULY, JOHNNY DOLLAR: .INVESTIGATION
SKILLS: PERMERICA.COM will run a new 5-part series each week,
Mon-Fri. Listen during break or lunch. 15 minutes each..
(CLICK
PLAYER ABOVE ^) - NEW SERIES NEXT
WEEK -
07-02:.DRAFT
SUPERVISORY POSITION EVALUATION GUIDE & FAQ..<-CLASSIFICATION
SECTION
06-26:.OEDCA:.VA
QUATERLY EEO COMPLAINT DIGEST:.Topics
covered in this issue include the unpleasant consequences of failing to
cooperate with EEO investigators, performance appraisals, delays in accommodating
disabilities, accommodating religious practices, disability-related absenteeism,
per se retaliation, and negative employment references. Also in this issue
is guidance issued by the Equal Employment Opportunity Commission on race
and color discrimination in employment. see
here
06-25:.OPM:.SUITABILITY
PROPOSED RULE. This proposed rule
would establish the requirements for applying reciprocity to Federal employment
suitability determinations and investigations..see
here
06-25:.OPM:.OPM
Launches Revamped and Updated SES Website. .see
here
06-24:.MSPB:.A
TREAT BY ANY OTHER NAME: .CHARGE
1: CREATING A DISTURBANCE BY IMPLYING YOU WOULD INFLICT BODILY HARM ON
YOUR SUPERVISOR AND CO-WORKERS. .Specification
1: On 17 April 2007 you told ---- and ---- that they were number 34
and 35, and when you were done with them, you would go upstairs and “take
out” Mr. ---- (myself), ---- and ----. This statement was made one day
after the shooting deaths at Virginia Tech. As a result of your statement,
Mr. -----, Mr. ----, and Mr. ---- expressed fear of coming to work and
were granted leave.) The employee appealed. .decision
06-24:.MSPB:.YOU
MUST DOCUMENT HOW "AWOL" IMPAIRED THE AGENCY'S MISSION: Removal
for AWOL is improper if ... there is no evidence that the absence of the
employee impaired the agency's ability to carry out its mission.
See Young v. Department of the Navy, 27 M.S.P.R. 274, 276 (1985). .decision
--- .Young
vs Navy (1985)
06-23:.SO
LONG GEORGE CARLIN: .YOU
WERE THE BEST and MOST COURAGEOUS:.more
06-19:.FEDCIR:.MISUSE
OF FEDERAL GOVT TRAVEL CARD: MANAGER REMOVED for improperly using
his government credit card, making false statement during the investigation
of that use, failing to schedule a supervisor on two occasions, and improperly
altering an employee’s time in the system. The employee appealed.
.decision
06-19:.FEDCIR:.FEDERAL
GOVT TRAVEL CARD MISUSE: SUPERVISOR REMOVED for failure to follow
regulations and policies regarding official travel by an employee with
a cancelled government charge card, and unauthorized use of his wife’s
government travel charge card. The employee appealed. .decision
06-18:.OPM:.2008
Presidential Transition Guide to Federal Human Resources Management.
..HERE
06-05:.FEDCIR:
REMOVED
FOR FAILIURE TO ACCEPT DIRECTED REASSIGNMENT...NOTE:
In order to justify removing an employee based on a management directed
reassignment, the agency must show that its decision to reassign the employee
was based on legitimate management considerations, that the employee was
given adequate notice of the reassignment, and that the employee refused
to accept the reassignment. The employee
appealed. ..decision
06-03:.SECURITY
CLEARANCE BIGOTRY?.DOD
Granted The Office of Inspector General (OIG) Employee A Secret Security
Clearance. A routine review revealed the OIG employee's
wife and stepson's Honduran citizenship. DOD informed him that his
eligibility “for access to classified information and to occupy a sensitive
position has been revoked.” His secret security clearance was revoked.
He was Removed for lack of required security clearance..
The OIG employee appealed. ..decision
05-29:.FEDCIR:
.ACTIVIST
MEDICAL CARE PROVIDER? .VA
Removed Him After 32 days AWOL - No Prior Discipline...His
supervisor demanded that he do his job as assigned. His (activist?)
medical care providers diagnosed him with depression
related to stress at work and recommended
that he be placed on LWOP and reassigned. [ preferably, to
another supervisor who didn't cause him stress by demanding that he do
his job as assigned] VA declined to reassign him or
place him on LWOP but informed him of his FMLA rights. He invoked
FMLA. When he exhausted his FMLA entitlement, he was placed on AWOL.
His (activist?) medical care providers recommended that he be placed on
60 days LWOP instead. VA continued AWOL. After 32 days on AWOL,
he was removed. No Prior Discipline. He appealed and filed
an EEO complaint. .FedCir
dec .--.
EEO
dec .[commentary]
05-21:.EAP:
.OPM
Announces Training For EAP Program Administrators. .more
00-00:.CAUTION
- FOR PROs ONLY:."Nothing
in law or regulation requires that an agency affix a label to a charge
of misconduct. If it so chooses, it [the agency] may simply describe
actions that constitute misbehavior in a narrative form, and have its discipline
sustained if the efficiency of the service suffers because of the misconduct."Otero
v. U.S. Postal Service, 73 M.S.P.R. 198, 202 (1997).
..PERMERICA:
Some agencies routinely specify misconduct with no charge label.
Other agencies use generic charge labels as "Misconduct" or "Conduct Uncecoming
A Federal Employee" followed by specifications of the misconduct.
CITE: an MSPB decision citing "Otero" .decision
05-15:.OPM:
.Index
Of Leave Administration Laws, Regs, Etc. .<-LEAVE
SECTION
05-14:.EEOC:
.ADA
and Psychiatric Disabilities, EEOC guidance. .<-EEO-DIVERSITY
SECTION
05-13:.MSPB:
.She
was Removed for Adultery. He received a letter of Reprimand. .decision
00-00:.FEEDBACK:
.GOT
QUESTIONS, COMMENTS OR SUGGESTIONS? USE FEEDBACK ABOVE ^
05-09:.FEDCIR:
.PROBATIONARY
TERMINATION:.SBA
Loan Officer was Terminated During Probationary Period after he failed
to submit payment plans for multiple outstanding debts. He appealed.
.decision
05-08:.STRESS:
HOW
TO RELEASE STRESS. JUST RELAX. .see
here
05-08:.FEDCIR:
A
MUST READ -
SECURITY
CLEARANCE CASE:.
She
was removed from the VA Regional Office for providing false information
on her SF-85P, Questionnaire for Public Trust Positions. She appealed.
.decision
05-06:.OSC:
OFFICE
OF SPECIAL COUNSEL RAIDED BY FBI:
FBI agents raided the office and home of U.S. Special Counsel's head, Scott
Bloch, on Tuesday (5-6-08) while investigating whether he, Scott Bloch,
destroyed evidence potentially showing he retaliated against his own staff.
.
see
here
05-06:
OPM:
ANNUAL LEAVE: Accrual Rates, Creditable
Service for Leave Accrual, Advance Annual Leave, Annual Leave Ceilings,
Restoration of Annual Leave, Lump-sum Payments, Annual Leave to Establish
Retirement Eligibility, References.. see
here
05-06:
OPM:
COMPTIME FOR TRAVEL UPDATES:. see
here
04-30:
FEDCIR:
EXCESSIVE UNSUPPORTED PENALTY: Board's
(MSPB) Conclusions Regarding False Overtime Claim and False Travel
Voucher Charges Unsupported By Evidence. Improper Credibility Determination
by Board. The agency removed him. The MSPB AJ mitigated the
penalty to a letter of reprimand. The MSPB Full Board reversed the
AJ's decision and reinstated the removal action. The employee appealed
to the federal circuit court. ...A
MUST READ... .
decision
04-30:
MSPB:
MIS-DIRECTED REASSIGNMENT: We ORDER
the agency to rescind the appellant’s directed reassignment and his reduction
in grade, and to restore him effective December 10, 2006, at the grade
and step level that he would have been had he remained in that position.
We also ORDER the agency to pay the appellant the correct amount of back
pay, interest on back pay, and other benefits under the Back Pay Act. .
decision
04-25:
FEDCIR:
SUPERVISORY
CRIMINAL INVESTIGATOR TESTED POSITIVE FOR COCAINE: .Homeland
Security removed him. He objected. Insisted there must be a mistake.
So, he was directed to provide another urine sample. The sample was
re-tested. Was his removal appropriate?.
Was
the Chain of Custody broken? .
decision
04-21:
FEDCIR:
IRS
REMOVED HER FOR UNAUTHORIZED ACCESS TO TAXPAYER RECORDS (UNAX):.She
says there was no malicious intent. She only accessed the taxpayer
records to locate her son, who suffers from bipolar disorder, and to locate
the ex-husband of her niece..Was
her removal excessive? . decision
04-11:
MSPB:.FALSIFICATION
OF GOV'T DOCUMENT & MAKING FALSE STATEMENTS:
"The appellant petitions for review of
the July 6, 2007 initial decision that sustained his removal for falsifying
an official government document and making false statements. For the reasons
set forth below, we GRANT the appellant’s petition for review, REVERSE
the initial decision, and DO NOT SUSTAIN the appellant’s removal.".-.decision
04-11:.MSPB:.PHYSICAL
INABILITY TO PERFORM THE DUTIES OF THE POSITION:
"The appellant petitions for review of
the August 9, 2007 initial decision which sustained her removal for physical
inability to perform the duties of her position. For the reasons set forth
below, we GRANT the appellant’s petition, REVERSE the initial decision,
and DO NOT SUSTAIN the agency's removal action.".-.decision
04-10:.MSPB:.EXCESSIVE
APPROVED ABSENCE- The appellant was granted
leave based on letters from her physicians stating that she could not report
for work because of mental health issues. Her physicians also recommended
that agency personnel have no direct contact with the appellant, as this
would exacerbate her condition. The agency eventually removed
her for based on "excessive approved absence." She filed MSPB / EEO complaints..-.decision
04-09:.SES:
Higher
limit on the accumulation of annual leave for certain senior-level employees.
.-.see
here
04-08:.FEDCIR:
VA
removed an employee, who was a part-time dishwasher and kitchen helper,
because (1) wrote to his fellow employee and union president threatening
her with arrest, (2) falsely wrote the employer of a lawyer who formerly
worked at the Department that the lawyer was under investigation for criminal
misconduct and (3) misused transit benefits...No
Prior Discipline. ..FEDCIR
DECISION
--..MSPB
INITIAL DECISION
04-02:.AN
AMERICAN BEAUTY: Voted the 2008 Car of The Year, the 2008
Chevy Malibu will impress you the first time you lay eyes on it.
With fine lines and great craftsmanship, this American Beauty
will make you proud! Go
To a Chevy Dealer and See It For Yourself.
04-01:
ADMINISTRATION
SIGNS "FEDERAL EMPLOYEE PRETZEL DAY" BILL:..With
45 million in dedicated funding, each fed can look forward to receiving
a big hot soft pretzel of his/her choice each month. ..see
video.
2008
- 5 CFR
Part
001 to 699
Part
700 to 1199
On
Streets Now
2008
- 5 CFR
Part
001 to 699
Part
700 to 1199
Onine(see
Quick-CFR)
03-27:.OUCH!!!
AGENCY ORDERED TO PAY $161, 000 IN ATTORNEY FEES:The
appellant initially appealed an agency RIF action, and WON. The appellant
then filed a motion seeking $170,655.21 in attorney fees and expenses.
The administrative judge awarded $160,573.37 in attorney fees and $639.80
in expenses...
The Agency Appealed...SEE
DECISION
03-26:.EMPLOYER
IS NOT REQUIRED TO PROVIDE UN-REASONABLE ACCOMODATIONS:
"An
employer's obligation to make reasonable accommodations does not require
the employer to rewrite the essential elements of a job description or
to reallocate those functions to other workers." Francis
v. Providence Sch. Bd., No. C.A. 04-04-T, 2005 WL 2179149 (D.R.I. Sept.
1, 2005). (citing Feliciano v. Rhode Island, 160 F.3d 780,
785 (1st Cir. 1998)); see also Robertson v. Neuromedical Ctr., 161 F.3d
292, 295 (5th Cir. 1998) ("If [the employee] can't perform the essential
functions of his job absent assigning those duties to someone else ...
then [the employee] can not be reasonably accommodated as a matter of law.")
SEE
DECISION
03-21:.MSPB
APPEAL INFORMATION SHEETS provide
a brief introduction to some appeal-related topics. PRINT AND
SAVE (open the info-sheet then use "PRINT-IT*"
above)
03-18:.ANINDEFINITE
SUSPENSION CAN NOT RUN INDEFINITELY:
An indefinite suspension may extend through the completion of both a pending
investigation and any subsequent administrative action. See 5 C.F.R. §
752.402(e). In such circumstances, however, an agency must initiate
administrative action within a reasonable period of time after completion
of the pending investigation. To permit the agency to take an unlimited
amount of time to determine what action to take while keeping the appellant
on an indefinite suspension would run contrary to the requirement that
an indefinite suspension have an ascertainable end. ALSO
The imposition of an indefinite suspension and the failure to terminate
that suspension after the condition subsequent has occurred are separately
reviewable agency actions. see
decision
03-11:.BOSS
OF THE YEAR - MR.
GOOD-BOSS ENCOURAGED HIS SUBORDINATES TO START THEIR OWN BUSINESSES (had
great I.D.P.s). "MS. K" RAN A TRAVEL AGENCY FROM THE OFFICE - DURING
BUSINESS HOURS (a real self starter). SUPPORTIVE BY NATURE, MR. GOOD-BOSS
USED MS. K's CONVENIENT IN-OFFICE TRAVEL AGENCY TO PLAN HIS DISNEY VACATION
(a great boss). "MS. M" USED GOVERNMENT EQUIPMENT FOR THE CONVENIENCE
STORE AND RESTAURANT SHE OPERATED (what more could a hard working employee
ask for). THEN HERE COMES..SEATTLE
SAM, THE EMPLOYEE RELATIONS SPECIALIST. SEATTLE
SAM CONVINCED MANAGEMENT TO FIRE MR. GOOD-BOSS
BASED ON A BUNCH OF CHARGES. MR. GOOD-BOSS GOT SO RILED UP, HE FILED
AN APPEAL.
- see
decision
03-06:.MEDICAL
INABILITY TO PERFORM: The
Nurse was absent from duty because she was allergic the chemicals used
to clean and sanitize the waxed floors at the VA medical center.
The VA Removed her for Medical Inability To Perform. MSPB sustained
her removal...
She appealed to FEDCIR...decision
03-04:.PRECEDENTIAL
DECISION: MSPB
DENIED HER JURISDICTION FOR HER WHISTLEBLOWING COMPLAINT. FEDCIR
REVERSED MSPB TO GRANT HER MSPB JURISDICTION
AND CLARIFIED MSPB WHISTLEBLOWING JURISDICTION
REQUIREMENTS: 1) To
prevail on the merits, an employee must establish, by a preponderance of
the evidence, that a protected disclosure was a contributing factor in
an adverse personnel action. --- 2) MSPB
jurisdiction is established by nonfrivolous allegations that the [employee]
made a protected disclosure that was a contributing factor to the personnel
action taken or proposed.see
decision
03-03:.THE
KISSING MAILMAN: The
Letter Carrier Was Removed For Kissing A Customer. He testified
that he was friendly with his customers and that he frequently gave them
hugs and handshakes.see
decision
01-22:.THE
GS-14 UNION REPRESENTATIVE SECRETLY RECORDED THE ORAL REPLY OF THE EMPLOYEE
HE WAS REPRESENTING:
Agency Removed Him For (1) Conduct Unbecoming a Federal Employee (2) Failure
to Follow Supervisory Instructions (3) Failure to Follow Leave Requesting
Procedures (4) Absence Without Leave (AWOL) and (5) Receipt of Pay for
Time Not Worked. see
decision
01-15:.HERASSMENT!
THEY
COMMITTED THE CARDINAL SIN OF EEO:
AFTER HE FILED AN EEO COMPLAINT, THEY CHANGED HIM TO AN UNDESIRABLE
SCHEDULE. He Alleged That His Female Supervisor (1) Lifted
Her Skirt To Reveal Her Underwear (2) Grabbed His Buttocks (3) Looked Down
At His ___ and Asked "When are you going to give me some of that?" Unmoved,
He Filed an EEO Complaint. The agency admitted that
the alleged sexual conduct occurred but found no discrimination based on
sex. The agency further found that the conduct," was not sufficiently
severe or pervasive to create a hostile work environment for complainant.
EEOC
DECISION: We find that the agency is liable for harassment."
see
decision
01-09:.HAVE
GUN - WILL TRAVEL: He told a coworker
" If I don't receive a promotion to a leader’s position, I will go
out to my car, get my gun and shoot the place up and shoot somebody.”
The Agency Removed Him. MSPB mitigated to suspension.
Agency Appealed to Full Board. see
decision
01-07:.2008
PAY CHARTS ARE ONLINE (3.5 % PAY INCREASE):..From
OPM
01-04:.BECAUSE
THEY ARE HUMAN: SOME PEOPLE WONDER WHY
MANY VETERANS HAVE A HARD TIME ADJUSTING AFTER RETURNING FROM THE WAR.
The Answer Is Simple - "Because They Are Human": In
the following audio clip, World War II veteran, Joseph Robertson, talks
about being unable to forget a young German boy he was forced to kill during
the war over 60 years ago. ..This
interview is part of the StoryCorps project that chronicles the stories
of everyday Americans. (http://www.storycorps.net) - IF
YOU OR SOMEONE YOU KNOW NEED HELP DEALING WITH SUCH ISSUES, PLEASE CONTACT
THE VA CENTER FOR PTSD -more
info
The
Best CD for 2006: "What's Wrong With Right" by The Hacienda Brothers
Soulful
Country or Western Soul. The Hacienda Brother's cover of the Intruders
song "Cowboys to Girls" caught me by surprise. The western influence
(including steel guitars) on this soul classic is American music at its
best. It's like listening to western soul music. Available
at Amazon.com, itunes, etc..picture
The
Best CD for 2007: "This is Ryan Shaw" by Ryan Shaw
Ryan
Shaw, this 26-year-old singer/songwriter from Decatur, Georgia dug deep
into the "soul mine" to produce this CD. The CD combines a powerfully
expressive voice with a clutch of great songs both classic and new. Ryan
delivers every song with the kind of emotional commitment and vocal panache
that have nearly vanished from the mainstream musical landscape.
I think you will love this example of classic American soul. Available
at Amazon.com, itunes, etc.
12-28:.THE
WAY WE WERE (SHAMEFUL): ..IN
A 1985 INVESTIGATION OF A MEMBER OF THE SES, THE OFFICE OF SPECIAL
COUNSEL FOUND THAT:
THE SES MEMBER INFLICTED PHYSICAL PAIN UPON THREE FEMALE EMPLOYEES. HE
STRUCK MS. DL FROM BEHIND WITH KARATE-LIKE
CHOPS TO HER SIDES. HE CHOKED MS. JF
AND HE KICKED MS. A. HE ALSO MADE A
VARIETY OF VERBAL AND PHYSICAL SEXUAL ADVANCES TO MS.
A. CAREER ADVANCEMENT WAS OFFERED FOR SOME OF THE SEXUAL ADVANCES.
THESE ADVANCES OCCURRED IN THE OFFICE, ON OFFICIAL TRAVEL, AND OUTSIDE
OF THE WORK PLACE. OSC DID NOT RECOMMEND
REMOVAL; ONLY DEMOTION TO THE GS-13. THE SES MEMBER WAS FURIOUS
AND FOUGHT BACK!..the
case
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