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PERMERICA ARCHIVE 2009-A
 [ Jan-1-2009 THRU  July-30-2009 ]
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ARCHIVES:[09B..09A..08B..08A..07B..07A..06]
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06-30:..MSPB:. WAS THE "SHORT AND SWEET" SETTLEMENT AGREEMENT LANGUAGE VALID? ..The settlement agreement did not explicitly waive appeal rights to the Merit Systems Protection Board. The appellant argued that if he did not explicitly waive Board appeals, then he retains the right to appeal to the Board.  Was the Short and Sweet settlement language sufficient? SEE SETTLEMENT  LANGUAGE  HERE.
06-23:..MSPB:.REMOVED FOR DISCLOSING SECRET INFO TO THE PRESS:..He Appealed. ..Decision
06-19:..EEOC: .GET BACK TO WORK !..I was in the break room talking with two white dudes when my white foreman looked at me and pointed to the clock.  I asked my white foreman if he was referring to me and he responded "yeah, you need to get out of the shop."    My white foreman discriminated against me when he called my name and told me to get back to work.  I couldn't eat grits for a whole week. ..Decision
06-19:..DC-DISTRICT COURT: .YOU DISCRIMINATED AGAINST MY  MENTAL ILLNESS DISABILITY, BECAUSE YOU REFUSED TO TRANSFER ME!    COURT: " IF TRANSFERING YOU WOULD FIX YOUR MENTAL ILLNESS --> YOU ARE NOT DISABLED " ..Decision
06-18:..FEDCIR: .TAX PEEKER  The IRS Tax Examining Technician was rempved for Unauthorized Access and Inspection of Taxpayer Records on fifteen occasions.  He had no prior disciplinary record with the IRS, and his work received an “exceeds, fully successful” evaluation. ..Decision
06-17:..MSPB: .OH NO YOU DI'INT ."For the reasons set forth below, we find that THE AGENCY IS IN NONCOMPLIANCE and ORDER the responsible agency official to appear before the General Counsel to SHOW CAUSE why sanctions should not be imposed."..Decision
06-18:..FEDCIR: .WHISTLEBLOWER? The USDA Federal Milk Marketing program manager grew concerned that two regulated entities were (1) misrepresenting the grade of milk they had processed, (2) paying less than the regulated purchase price for raw milk, (3) and claiming credit for milk supplied by other companies.  Mr. Fellhoelter reported his suspicions.  He was removed.  He claimed WhistleBlower. ..Decision
06-08:..MSPB: .SHE WAS REMOVED:  for  (1) failure to follow instructions, (2) inappropriate conduct, (3) unauthorized absence from the workplace and (4) failure to follow proper procedures (three specifications).  She filed an appeal. ..Decision
05-28:..MSPB: .RARE DISCUSSION OF MARITAL STATUS DISCRIMINATION.  Save For Future Use. ..Decision
05-27:..FEDCIR: .HE PULLED OUT A POCKET KNIFE, FLIPPED OUT THE BLADE, AND TOLD A CO-WORKER THAT HE WOULD CUT THE BUTTONS OFF HER OVERALLS.   WAS IT A THREAT  OR  A LITTLE JOKE?METZ THREAT ASSESSMENT DISCUSSED. ..Decision
05-21:.FEDCIR: LAST CHANCE AGREEMENT The Air Force proposed to Remove him for  “Failure to Follow Security Practices” and “Loafing While on Duty.  On the same day, the Appellant entered into a Last Chance Agreement (“LCA”). ..Read On
05-20:.OPM: SOON A  BACHELOR'S DEGREE WITH QUALIFYY YOU FOR A GS-7. ..Comment Period Notice
05-14:.FEDCIR: .WAS HER RESIGNATION INVOLUNTARY?  Did Her Boss Harass Her?. ..Decision
05-01:.LISTEN TO FED CIRCUIT HEARING FOR THE CASE BELOW:  (26 min)
05-01:.REVERSED FOR BREACH OF SETTLEMENT AGREEMENT --   Hernandez was not placed in the DOD Priority Placement Program (PPP) after his RIF related termination.   [HE APPEALED] The settlement agreement stated that Hernandez would be “re-considered for placement in the Priority Placement Agreement (PPP) for a period of one year beginning 7 calendar days after the last signature on this Agreement.” ...  Hernandez was removed from the PPP after just four and one-half months from the date of the agreement.  FEDCIR DECISION:  "Because the agency enrolled Hernandez in the PPP for only four and one-half months and not twelve months after the settlement agreement, we hold that the agency breached the settlement agreement.   On remand, the MSPB should consider an appropriate remedy for this breach.   Accordingly, we reverse and remand.".Decision
04-23:.SUSTAINED REMOVAL REVERSED AND REMANDED --  He appealed his Removal for fighting.  FEDCIR  "The appellant argues that the Board erred in overturning the AJ’s finding that the Deciding Official had not considered the mitigating circumstances Douglas factor. We agree. The Board is not “free to overturn an administrative judge’s demeanor based credibility findings merely because it disagrees with those findings.”.Decision
04-22:.IS THIS THE TWILIGHT ZONE?.(McCormick just keeps on ticking) He was Terminated During Probationary Period in 1991.  He appealed the Probationary Termination in September 2008.  He cited 1971 work experience to support his appeal.  .Decision
04-14:.DEMOTION REVERSED FOR EX-PARTE COMMUNICATION:.The decision official engaged in ex-parte communication with the proposing official.  In Milton R. STONE v FDIC, 179 F.3d 1368, the court stated that, when a procedural due process violation has occurred because of ex parte communications, “the merits of the adverse action are wholly disregarded.” .Decision
04-09:.JAIL TALES:. The agengy proposed his Removal while he was in jail.  The agency denied his Annual Leave request.  Then He Did It.  He requested Sick Leave AND submitted medical documentation indicating he was Depressed. .Decision
04-08:.CONSTRUCTIVE SUSPENSION:. An employee’s voluntary absence from work is unappealable.  If, however an agency bars an employee from duty for more than 14 days, the employee’s absence is considered a Constructive Suspension appealable to the Board.   Did the agency or the employee initiate the absence? .Decision
04-06:.OPM:.Nonreduction in Pay for Certain Federal Civilian Employees on Active Duty in Military. .News Release
04-06:.OPM:.JOHN BERRY Confirmed As NEW OPM DIRECTOR.  .News Release .. .Picture
04-03:.CAUSEY:.A Smoking Hot Deal For Feds. .Read Article
04-02:.HOT CASE:.MSPB (Full Board) SUSTAINS REM0VAL FOR JUST 11 DAYS 0F AWOL - WITH NO PRIOR DISCIPLINE:.Very important decision.  Read Carefully. .Decision
04-01:.WASH POST:.EEOC WILLFULLY VIOLATED FAIR LABOR STANDARDS ACT (FLSA):..The arbitrator determined that EEOC investigators, mediators and paralegals in non-exempt status should have been offered the option of overtime pay rather than just compensatory time. .The Story.. EEOC initially wrongly switched many employees from FLSA "non-exempt" to "Exempt" status. . Arbitrator Decision
03-30:-MSPB:.DID HE VIOLATE THE LCA?.The appellant was removed for violating Last Chance Agreement when he took an unauthorized break. APPELLANT: ... " As the only supervisor on duty, I had authority to take the break when I did." .The Decision
03-30:-MSPB:.WHICH FORUM CHOICE TOOK PRECEDENT?  (CAUTION - DRINK YOUR COFFEE FIRST): . "We find that the arbitrator erred ... in his decision to find that the appellant's formal EEO complaint of the notice of proposed removal, filed prior to the agency's removal action, constituted an irrevocable choice of forum with respect to the appellant's election to grieve her removal.".The Decision
03-27:-MSPB: MSPB REVERSES OPM ON DISABIITY RETIREMENT:.-The MSPB Full Board reversed OPM’s final decision, and ORDERED OPM to award disability retirement benefits to the appellant.. .The Decision
03-27:-DON'T DO THIS AT WORK!!--FRIDAY ONLY--66 ELLA FITZGERALD SONGS FOR $5.00.- ($59.00 VALUE)  "THE ULTIMATE ELLA FITZGERALD". - MP3 DOWNLOAD DEAL AT AMAZON.COM-FRIDAY ONLY ..TRACK LIST
03-25:-FEDCIR:.RETRO RESIGNATION IN LIEU OF REMOVAL - DID AGENCY VIOLATE SETTLEMENT?- The employee agreed to withdraw his MSPB appeal and submit resignation --- The Agency agreed to replace the Removal action with resignation and to expunge OPF Employee filed appeal claiming Agency failed to expung OPF. .The Decision
03-18:-MSPB INFORMATION SHEETS: ...PROBATION..-..ENFORCED LEAVE..-..JURISDICTION..-..ALL
03-17:-MSPB - EEO:- " An employee must first show that a reasonable accommodation is possible before the agency may be required to engage in the interactive process to determine a reasonable accommodation.  --  Our examination of the record likewise does not show that the appellant ever articulated any accommodation. Accordingly, he failed to meet his burden of proof on the affirmative defense of disability discrimination. " .The Decision
03-17:-MSPB:-" Resignations are presumed to be voluntary, and the appellant bears the burden of proving otherwise.   To overcome the presumption that a resignation was voluntary, the employee must show that the resignation was the result of the agency’s misinformation or deception, or that the resignation was coerced by the agency. " .The Decision
03-17:-FEDCIR:-They Demoted The Supervisor based on a charge of " Failure to Perform her Duties in an Effective Manner."  The MSPB AJ Reversed Agency action.  The MSPB Full-Board Reversed to MSPB AJ.  She Appealed to FEDCIR .The Decision
03-04:-FEDCIR:-A DHS CASE MADE FOR HOLLWOOD - ILEGAL ALIENS, ABUSE OF POWER, ETC.  The Agency removed him based on three charges: (1) making misstatements, (2) conduct unbecoming an officer, and (3) noncompliance with procedures, policies, and instructions. .The Decision
02-24:-FEDCIR:-HOT NEW PRECEDENTIAL FEDCIR OWCP DECISION:-Mr. KD appeals from the final decision of the Merit Systems Protection Board (MSPB) dismissing Mr. KD’s appeal for lack of jurisdiction. Specifically, the MSPB held that, as a reemployed annuitant, Mr. KD did not have a right to restoration to his previous position after he recovered from a compensable injury and, therefore, did not have any statutory right to appeal to the MSPB the Air Force’s failure to restore him. Because we find that reemployed annuitants are “employees” for purposes of the Federal Employees’ Compensation Act (FECA) and are, therefore, entitled to a statutory right to restoration, we vacate and remand for proceedings in accordance with this opinion..The Decision
02-23:-FLRA: President Obama designated Carol Waller Pope as Acting Chairman of FLRA. .The Notice
02-18:-DO YOU HAVE AN UZI?:  He failed a test on purpose and asked about the Uzi. He was removed. .The Decision
02-12:-POOR PERFORMANCE :  After her removal was sustained by the arbitrator, she challenged the agency performance management system. ..The Decision
02-10:-PASSOVER OF DISABLED VETS IN THE EXCEPTED SERVICE: .Here . Gingery_vs_DOD
01-26: -DEEP INSIDE OPM: .WHAT ARE WE GOING TO DO WITH ALL OF THESE CHARTS AND GRAPHS???
01-15: -FEDCIR: .I DID NOT HAVE SEXUAL RELATIONS WITH THAT WOMAN ! .Decision
01-15: -FLRA:.- Free Training In Washington, DC. .Feb 5, 2009 OR Feb 26, 2009: .HERE
**-**:.-RECENT OPM NEWS .RECENT OPM NEWS .RECENT OPM NEWS: .OPM NEWS
2009-1
PERMERICA ARCHIVE 2009-A

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