12-22:.DC.DIST.COURT:..DID
THE VA NOT HIRE HER BASED ON HER PHYSICAL AND MENTAL DISABILITY?
The
VA offered her a RN position pending successful completion of a pre-placement
medical exam. During the medical exam, she reported a disability
for back & other reasons. She refused to provide specific information
requested. [ She did not disclose her mental disability ]
The VA withdrew its job offer for failure to complete the medical exam
process. .Decision
12-21:.MONDAY
DECEMBER 21:..WASHINGTON FEDERAL GOVT
CLOSED TODAY..OPM
NOTICE
12-18:.MSPB
CASE REPORT FOR DECEMBER 18, 2009:..Case
Report
12-16:.MSPB:..HONEY,
I HAD A REAL BAD DAY ON THE BENCH TODAY: THE MSPB FULL BOARD RIPPED
ME A NEW CD. TELEPHONIC TESTIMONY -AND- BE CAREFUL WHEN YOU CHARGE
“LACK OF CANDOR”
THE
CRIMINAL INVESTIGATOR WAS REMOVED FOR ABUSE OF AUTHORITY AND LACK OF CANDOR.
NOTE:
An administrative judge must have an opportunity
to observe the demeanor of witnesses while they are testifying.
MSPB:
We find that the administrative judge erred in ordering a partial telephonic
hearing. Accordingly, we must vacate the administrative judge’s findings
that were based on the [telephonic] testimony … and remand this appeal
[so] the administrative judge can observe the demeanor of the witnesses.
MSPB:
The administrative judge failed … to address … the issue of whether the
appellant was specifically asked questions that should have elicited information
about …” Accordingly, we must vacate the AJ’s findings on specification
two of the lack of candor charge and remand the issue for further adjudication.
MSPB:
The administrative judge further erred in relying on the fact that the
appellant was able to provide detailed testimony regarding his work surrounding
[the date] … , but could not recall his activities on [the same date] …”
Accordingly, we must vacate the administrative judge’s findings on specification
three of the lack of candor charge and remand the issue for further adjudication.
MSPB:
We REMAND this appeal to the regional office for further adjudication
… the administrative judge must provide the parties with another
opportunity to present testimony on material. .BMSPB
DECISION
12-15:.BAD
FLRA DECISION:..DID THE FLRA REPUDIATE
THE LABOR RELATIONS STATUTE?
OPEN/CLOSE
THE
FEDERAL LABOR RELATIONS STATUTE, AT 5 USC 7112 (B) (3), EXCLUDES NON-CLERICAL
PERSONNEL [ HUMAN RESOURCES] EMPLOYEES FROM INCLUSION IN UNION BARGAINING
UNITS:.
5 USC 7112. Determination of appropriate units for labor organization representation
(b) A unit shall not be determined to be appropriate … if it includes—
(3) an employee engaged in personnel work in other than a purely clerical
capacity;
In
a recent case at the Department of Agriculture, in what appears to be a
brazen attempt to placate the union, FLRA determined that fourteen
(14) Personnel Specialists [Human Resources Specialists] should be included
in a union bargaining unit
WHAT
FLRA SHOULD HAVE DONE: The FLRA Regional Director [RD] should
have reviewed the Human Resources positions to determine if any of the
employees performed purely clerical duties.
WHAT
FLRA ACTUALLY DID: Despite finding that the HR Specialists performed
administrative work [not clerical], the FLRA Regional Director went on
to determine that the fourteen (14) HR Specialists positions should be
included in the bargaining unit.
Union was thankful for the early Christmas present.
Management
was shocked and dismayed.
WHAT
MANAGEMENT SHOULD DO NOW? Immediately, take action to protect
HR Specialist positions.
GOOD
NEWS: FLRA determined that Employee Relations Specialists and
Labor Relations Specialists, who lead the fight for good management on
a daily basis, are excluded from the bargaining unit.
Special
Thanks: to Peter B. Brownell, Labor Relations Specialist, APHIS,
USDA, for sharing these decisions with Permerica.com. Permerica.Com
appreciates your efforts, and efforts of other Labor Relations and Employee
Relations Specialists, to keep up the fight for good management.
THOUGHT:
Since most Federal Labor Relations Specialists are successful in assuring
that management carries out the agency's mission while meeting its labor
relations obligations, unions are often unsuccessful with the numerous
complaints they file to FLRA. Rather than acknowledging that the
majority of the complaints they file are frivolous, the unions instead
label FLRA as pro-management. In order to shed this label,
FLRA appears to be going out of its way to placate the unions. Unfortunately,
there are not many legitimate opportunities to placate he unions due to
the excellent guidance provided by the majority of Federal Labor Relations
Specialists. So it appears that the only thing left for FLRA is to
start cannibalizing the statute.
12-14:.FEDCIR:..WELCOME
TO THE WORLD OF REALITY CASE LAW: He
appealed his termination to MSPB alleging (1) He Was Terminated For Disciplinary
Reasons (2) He Was Subjected To A Constructive Suspension, With Pay.
MSPB scratched his/her head and pondered the case for some time .. then
looked around the court room for Ashton Kutcher or Allen Funt. MSPB
addressed the appellant ... Let me get this straight, ... You feel that
your termination on the Not To Exceed Date of your temporary appointment
was for disciplinary reasons? And you feel that you were subjected
to a Constructive Suspension when the agency placed on administrative leave,
with pay, for the last 30 days of your temporary appointment? Not
happy with MSPB’s decision, the appellant appealed to the Federal Circuit
Court. .Decision
RARE
INSIGHT INTO ER, LR & HR WORK AND STRESS.
12-10:.FEDCIR:..WAS
THE AIR FORCE VETERAN WRONGLY DEMOTED? First
VA Promoted this permanent GS-5 Supply Clerk to a GS-7 Prosthetic Representative
Trainee position in the Federal Career Intern Program. Then
VA demoted him to the GS-5 grade level less than one year later.
The veteran appealed saying "you can't demote me 'cause I am was an
employee" VA Responded "you were not an employee, you
were just a trainee." He appealed to the Federal Circuit Court..
.Decision
12-07:.OIG:..HOW
TO REPORT WASTE, FRAUD, ABUSE TO YOUR AGENCY'S INSPECTOR GENERAL: (1)
FIND YOUR AGENCY'S IG OFFICE ON THE LIST BELOW. (2) LOOK FOR THE
HOTLINE NUMBER (3) REPORT THE WASTE, FRAUD, ABUSE, ETC. (4) YOU CAN
ASK TO REMAIN ANONYMOUS.
FEDERAL IG OFFICES: .IG-IG-IG-IG
**-**:.PERMERICA.COM
DISCLAIMER:..ONLINE
SINCE 1995 - DISCLAIMER
12-02:.FEDCIR:..THAT'S
COLD BLOODED MSPB! What about my job? What about my backpay?.
HHS
violated the VEOA by selecting (a non-veteran) over (a veteran) without
obtaining approval from OPM. HHS conceded the VEOA violation. HHS
then remedied the VEOA violation by (1) cancelling (the non-veteran's)
appointment (HHS moved her to another job) and (2) deciding not
to make any selection from the certificate (not hiring anyone for the position).
MSPB said the remedy was OK. The veteran said "?!2&$!!"
then appealed to the Federal Circuit Court. .Decision
11-25:.FEDCIR:..THE
POSTAL SERVICE SUBJECTED ME TO A CONSTRUCTIVE SUSPENSION!!!!!
The appellant filed an appeal to MSPB, alleging that he was constructively
suspended for greater than fourteen days from his position. MSPB
the Postal Service had not constructively suspended the appellant; The
appellant's absence from work was the result of his own voluntary conduct
when he refused to supply the USPS with updated medical documentation showing
a work-related injury. He appealed to the Federal Circuit Court..
.Decision
HERE
WE GROW AGAIN! PERMERICA
MOBILE FOR
CELLPHONE - IPHONE - BLACKBERRY - ETC.
COMING
JANUARY 2010
11-20:.NEW
MSPB STUDY: RECOMMENDATIONS TO AGENCIES
ON BETTER SUPERVISORS:.OPEN/CLOSE
•
Agencies should reexamine the work demands placed on supervisors and the
ratio of employees to supervisors in order to ensure that supervisors have
the competencies, management support, and the time to devote to the job
of supervising.
•
Agencies should recognize and take into account the changing nature of
supervision as they build recruitment, assessment, selection, and development
programs for supervisors. The supervisory competencies required, as well
as the context in which they are applied, have been changing dramatically
in recent years. In addition, leading diverse groups of knowledge workers
requires a new set of knowledge, skills, and abilities that can foster
an engaged workforce.
•
Agencies should develop valid supervisor assessment methods that measure
the competencies required of our changing workforce and workplace including
structured interviews, job simulations, and situational judgment tests.
•
Agencies should develop training programs that teach supervisors how to
engage employees by empowering them, promoting teamwork and cooperation,
recognizing their contributions, and rewarding employees appropriately.
•
As part of the Government’s mandate to have a fully representative workforce,
agencies should take advantage of the coming retirement wave to recruit
and select qualified women and minority applicants for supervisory positions
by using focused recruitment and valid assessments while following the
merit principles.
.MSPB
STUDY
11-19:.FEDCIR:
WAS
VA DOCTOR RETALIATED AGAINST FOR WHISTLEBLOWING?
The Doctor filed a complaint to the IG concerning an alleged assult by
a patient. His IG complaint included some personal information from
patient's file. Shortly thereafter, his first-line supervisor, issued
a proposed 14-day suspension letter based on a Privacy Act violation. This
proposal was later rescinded and was replaced with a proposed removal by
the second-line supervisor. He appealed to the Federal Circuit..
.Decision
11-12:.FEDCIR:MSPB
SUSTAINED MY REMOVAL BASED ON 1/2 OF ONE OF THE THREE CHARGES??
He
was Removed based on three (3) charces: Lack Of Candor, Conduct Unbecoming,
and Failure To Report A Removable Alien. MSPB only sustained one
(1) of the charges: “Conduct Unbecoming” charge based on two of the
four specifications provided by the agency but still upheld his Removal.
He
appealed to the Federal Circuit.. .Decision
11-10:.FEDCIR:
WAS
THERE A NEXUS? SSA Removed
the appellant after determining a Nexus between his SSA position and his
outside misconduct. The SSA employee filed a federal tax return listing
the Social Security numbers of two children, not his own, whom he illegally
claimed as dependents and for whom he claimed a deduction. SSA determined
that the fraud was intentional, done for personal gain, and violated the
Agency’s trust in him to carry out your job duties responsibly..
.Decision
11-05:.FEDCIR:
[YOU CAN'T RE-REMOVE ME!!!]If
an agency loses an appeal based on a technicality, not based on the original
removal action, can the agency remove the employee again based on the original
charges? The agency removed her.
The settlement allowed her to resign in lieu of the removal.
She changed her mind. Agency sad no. MSPB forced agency to
cancel the resignation and reinstate her based on a technicality [involuntary
resignation] . After she was reinstated, the agency proposed her
removal again based on the same charges as the original removal action.
She appealed. FEDCIR Decision: " ... FDIC removed her from
her position based on misconduct that was unrelated to the Board’s order
finding that her resignation was involuntary. ... " An option for ER/LR/Legal
to consider. .Decision
11-04:.MSPB:
SHE
SETTLED HER REMOVAL APPEAL & RETIRED with following waiver:
Ms.
Xxxxxxx agrees to not initiate or pursue any complaints, grievances, requests
for investigation, claims under other administrative procedures, appeals,
or lawsuits against the agency … under the Civil Service Reform Act of
1978, as amended; Title VII of the Civil Rights Act of 1978, as amended;
the Whistleblower Protection Act, as amended; the Age Discrimination in
Employment Act, as amended; the Constitution of the United States; any
other state or federal law or regulation; or the common law; with respect
to any action raised in her employment claims filed against the Agency
as of the effective date of this agreement. LATER,
SHE CHANGED HER MIND AND APPEALED TO MSPB & EEOC .Decision
11-03:.MSPB:
WHAT
IS A SECURITY CLEARANCE? DID DOD VIOLATE
THE "EGAN RULE"WHEN IT FIRED HER BY NOT ISSUING
A SECURITY CLEARANCE FOR A NON-CRITICAL POSITION?
" ... the term “security clearance” should not be viewed as a term
of art, but merely as a semantic device to describe - in the Supreme Court's
words - any “background investigation” an employee must undergo and pass
before being placed in a position deemed a national security risk.
..." .Decision
... The
Egan Rule
11-02:.MSPB:
The
appellant was appointed, effective March 13, 2008, to an excepted service
position not to exceed March 13, 2009. He was terminated “for operational
reasons” (“disruptive behavior during training.”) effective March
28. He Appealed. .Decision
11-02:.MSPB:
Navy
removed the appellant from his GS-14 position based on charges of
Failure to Follow Instructions, Absence Without Leave (AWOL), and
Insubordination. .DID
NAVY MIS-FIRE THIS GUY AND VIOLATE HIS FMLA RIGHTS?
Display
/ Close
On
appeal to the Board, the appellant asserted that the agency did not prove
its charges, he was entitled to leave under the Family and Medical Leave
Act of 1993 (FMLA), the second specification of the Failure to Follow Instructions
charge and the AWOL charge in its entirety were not in accordance with
law because of his entitlement to FMLA leave, the agency engaged in “double
punishment” with respect to the Insubordination charge, the agency engaged
in whistleblower reprisal, and the penalty did not promote the efficiency
of the service and was not reasonable. .Decision
10-26:..SENATE:
.MSPB
CONFIRMATION HEARING for Susan Grundmann and Anne Wagner.
Display
/ Close
The
Senate's Oversight of Government Management Subcommittee held a confirmation
hearing for two members of the Merit Systems Protection Board (MSPB) Susan
Grundmann (to be Chairman) and Anne Wagner (to be Member).
[
7 minutes ]
.
"FULL
SCREEN" button on right
10-23:."MORE
THAN A GAME" (GREAT TEAM BUILDING MOVIE) Lebron
James and his rag tag high school team before he was well known.
The focus is on team building and the value of strong supportive relationships.
Good, clean, wholesome, entertaining, inspiring. In limited
release. Catch it if you can.
10-22:.FREE
FLRA TRAINING: HURRY
AND SIGN UP QUICK ... WHILE SUPPLIES LAST! .HERE
10-22:.GREAT
LABOR RELATIONS SLIDE SHOWS: GRAB
PDF SLIDES FOR TRAINING, etc. .HERE
10-16:.QUESTION:.WHY
DID OPM OPEN A CAN OF WHOOP TUSHIE ON THIS GUY ? OPM
directed his employing agency to remove him from the rolls within 5 work
days of its receipt of the decision; cancelled any reinstatement eligibility
obtained from his current appointment and any other eligibilities he may
have had on existing competitive registers; cancelled any pending applications;
and debarred him from competition for, or appointment to, any competitive
service position for a period of 3 years.
.ANSWER
HERE
10-14:.FEDCIR:WHEN
IS A COMPLAINT WHISTLEBLOWING? OR NOT?
.
Display
/ Close
To
qualify for whistleblower protection, the disclocure must evidence
(1) a violation of any law, rule, or regulation, or
(2) gross mismanagement,
(3) a gross waste of funds,
(4) an abuse of authority, or
(5) a substantial and specific danger to public health or safety.”
NOTE:
Whistleblower protection does not extend to an employee’s personal grievances
about his job.
NOTE:
When an employee reports or states that there has been misconduct by a
wrongdoer to the wrongdoer, the employee is not making a ‘disclosure’ of
misconduct.”
10-14:.FEDCIR:.WAS
VA DOCTOR FIRED BECAUSE HE COMPLAINED TOO MUCH?.Decision
10-14:.FEDCIR:.DID
VA FIRE CHICAGO PROBATIONER FOR WHISTLEBLOWING?.Decision
10-14:.FEDCIR:.DID
ARMY COERCE VIRGINIA PROBATIONER INTO RESIGNATION?.Decision
10-13:.TEXTING:.EXECUTIVE
ORDER BANS FED TEXT DRIVING: .TXT..FedReg
10-09:.NOBEL:.AMERICA
WINS NOBEL PEACE PRIZE: .MORE
10-08:.LABOR:.GRIEVANCE
VERSUS
UNFAIR LABOR PRACTICE .
Display
/ Close
.
GRIEVANCE.
Under § 7103(a)(9)
a grievance "means any complaint--(A) by an employee concerning any matter
relating to the employment of the employee; (B) by any labor organization
concerning any matter relating to the employment of any employee; or (C)
by an employee, labor organization, or agency concerning--(I) the effect
or interpretation, or a claim of breach, of a collective bargaining agreement;
or (ii) any claimed violation, misinterpretation, or misapplication of
any law, rule, or regulation affecting conditions of employment[.]"
In
Treasury, Customs Service v. FLRA, 43 F.3d 682 (D.C. Cir. 1994), the court
said that the reference to any law, rule, or regulation "can be only interpreted
. . . to confine grievances to alleged violations of a statute or regulation
that can be said to have been issued for the very purpose of affecting
the working conditions of employees--not one that merely incidentally does
so."
VERSUS
UNFAIR
LABOR PRACTICE (ULP). A violation of any of the provisions
of the Federal Service Labor-Management Relations Statute. It is a term
of art (see §
7116) that is narrower in scope than the misleading adjective "unfair"
suggests. ULP charges are filed with the Authority by an individual, a
union, or an activity. They are investigated by the General Counsel who
issues a ULP complaint if the General Counsel concludes the charge(s) have
merit, and who prosecutes the matter before an Administrative Law Judge
in a factfinding hearing and before the Authority, which decides the matter.
The
most common agency ULPs are duty-to-bargain ULPs (usually a failure to
give the union notice of proposed changes in conditions of employment and/or
engage in impact and implementation bargaining), formal discussion ULPs,
Weingarten ULPs, and failure-to-provide-information ULPs. The most common
ULP committed by a union is a failure to fairly represent (see fair representation)
all unit members without regard to union membership.
An
employee’s absence for more than fourteen days that results in a loss of
pay may be a constructive suspension. The dispositive
question in determining whether a suspension took place is who initiated
the absence; if the
employee initiated the leave period, the absence is not a constructive
suspension. Conversely, if the absence is involuntary,
i.e., at the direction of the agency, then the employee has been constructively
suspended. An employee who alleges that he was constructively suspended
must prove by preponderant evidence that his absence was involuntary.
.....
Constructive
suspension claims generally arise in two situations:(1) when an agency
places an employee on enforced leave pending an inquiry into his ability
to perform; or(2) when an employee who is absent from work
for medical reasons asks to return to work with altered duties, and the
agency denies the request. In the latter situation, when an employee requests
work within his medical restrictions, and the agency is bound by policy,
regulation, or contractual provision to offer available work to the employee,
but fails to do so, his continued absence for over fourteen days constitutes
an appealable constructive suspension. Once an employee who was absent
due to a medical condition makes a nonfrivolous allegation that he was
able to work within certain restrictions, that he communicated his willingness
to work, and that the agency prevented him from returning to work, the
burden of production shifts to the agency to show that there was no work
available within the employee's restrictions, or that it offered such work
to the employee and he declined it. If the agency meets its burden,
then the appellant must present sufficient rebuttal evidence to meet his
overall burden of persuasion. ..Read
Decision Here. ,,,
09-21:.OPM:.FEDERAL
AGENCIES BRACE FOR POTENTIALLY DEVASTATING H1N1 PUNCH:.Fall influenza
season has now arrived, with H1N1 and new strains of seasonal flu starting
to affect families and communities across the nation. ..OPM
Info..
CDC
FLU MAP
09-18:.FEDCIR:.Navy
suspended HIM for 370 days while it considered revoking his security clearance.
The Navy Personnel Security Appeals Board reversed the revocation of his
security clearance. HE appealed the 370 day suspension without pay
to the Federal Circuit. ..Decision
09-15:.MSPB:.The
Postal Service removed HIM based on eleven days of AWOL. On appeal
to the Board, HE argued both that (1) he requested and (2)
was entitled to leave for those days under the Family Medical Leave Act
(“FMLA”). ..Decision
09-15:.OPM:.iCHANGING
ALL FEDERAL LEAVE REGS TO COVER HOMOSEXUAL COUPLES. ..Proposal
09-14:.MSPB:.A
GOOD AWOL REMOVAL CASE TO KEEP!
The
agency established a nexus between the charges and the efficiency of the
service. In
his request for review, the appellant asserts that the agency failed to
establish a nexus between his unapproved leave and the efficiency of the
service, that he had annual leave available to cover his 40 hours of AWOL,
and thus that the agency “must be deemed to have expected him to use it.”
MSPB:
" An agency may establish nexus by showing that the employee’s conduct
(1)
affected
the employee’s or his coworkers’ job performance, (2)
affected management’s
trust and confidence in the employee’s job performance, or
(3) interfered
with or adversely affected the agency’s mission. Johnson v. Department
of Health & Human Services, 86
M.S.P.R. 501, para 1 (2000), aff'd, 18 F. App’x 837 (Fed. Cir. 2001).nbsp
Any
sustained charge of AWOL is inherently connected to the efficiency of the
service as an essential element of employment is to be on the job when
one is expected to be there. See Davis v. Veterans Administration,
792
F.2d 1111, 1113 (Fed. Cir. 1986). We accordingly discern
no error in the arbitrator’s finding that the agency established a nexus
between the appellant’s conduct and the efficiency of the service. "
.Decision
...
09-10:.MSPB:.DID
TOP OFFICIALS ENGAGE IN WHISTLE BLOWER RETALIATION? .Decision
08-31:.MSPB:.A
CASE TO KEEP! Read MSPB Extended Discussion of (1)
lack of candor; (2) unauthorized absence; and (3) failure
to follow leave-request procedures.
.Decision
08-27:.VAOIG:..SES
MANAGERS ABUSED AUTHORITY: .LOVE,
AWARDS & JOBS.
TEXT
HERE.
[OIG]
... Mr. H [former Assistant Secretary for OIT] told us that,
while working for the [agency], he reported directly to the Secretary.
Ms.
M said that Mr. H became her direct supervisor when she was
assigned to his organization shortly after the May 2006 data breach. Both
Ms.
M and Mr. H told us that they began an inappropriate personal
relationship in April 2007 and that it continued for several months after
he left [the agency] in January 2009. Records showed that Mr. H
proposed, and the Deputy Secretary [] approved, the selection of
Ms.
M for the Deputy Assistant Secretary (DAS) ..."
...*
Misuse
of Position, Abuse of Authority, Prohibited Personnel ... [FROM
OIG WEBSITE]
...*
Nepotism,
Abuse of Authority ... Improper Hiring, ... Awards ... [FROM
OIG WEBSITE]
08-26:.FEDCIR:.BE
CAREFUL WITH YOUR EMAIL. REMOVED FOR DISRESPECTFUL CONDUCT TOWARDS
HER SUPERVISOR. DID EMPLOYEE'S CONDUCT PROVE EMPLOYEE HAD MENTAL
IMPAIRMENT? Read Email Comments
From Both Supervisor and Employee. .DECISION
EMAIL
COMMENTS FROM EMPLOYEE TO HER SUPERVISOR: "You
do have a learning disability — don’t you? Are you REALLY this dumb
or are you just acting like it . . . ." It’s
either a learning disability or you aren’t very bright — which do you prefer
I consider it?
08-19:.DCCIRCUIT:..WHEN
THE US PARK POLICE ARRESTED HIM, did they subject him to: false
arrest, false imprisonment, assault, battery, intentional infliction of
emotional distress, and negligence? .Decision
08-14:.
VA
SECRETARY VISITS AFGE VA COUNCIL:.
SEE
PICS HERE
VA
SECRETARY VISITS AFGE VA COUNCIL @ AFGE HEADQUATERS
...
08-13:..OPM:
.COMES
TO ITS SENSES AND LEAVES TIME-IN-GRADE RESTRICTION INTACT.
08-10:..MSPB:
.UNION
MSPB TAKEOVER?..Pres
picks (2) union officials for the (3) member MSPB full board:
Continued.
Susan
Tsui Grundmann, General Counsel, National Federation of Federal Employees
(NFFE) to head MSPB AND Anne M. Wagner, former, 20 year, AFGE General
Counsel as MSPB Vice Chair.
SUSAN
TSUI GRUNDMANN: Career
Representing Federal Employees
General Counsel, National Federation of Federal Employees
General Counsel, National Air Traffic Controllers Association
08-05:.FEDCIR:.[REVERSED].WAS
THE PRIOR TEMP SERVICE IN THE SAME LINE OF WORK? Prior
service under a temporary limited appointment “counts toward completion
of probation when the prior service: (1) [i]s
in the same agency, e.g., Department of the Army; (2)
[i]s
in the same line of work (determined by the employee’s actual duties and
responsibilities); and (3)[c]ontains
or is followed by no more than a single break in service that does not
exceed 30 calendar days.” 5 C.F.R. § 315.802(b). .Decision
07-28:..MSPB:.
CONSTRUCTIVE
REMOVAL? DID VA COERCE HIM INTO RESIGNING?
The agency proposed to remove him based on the charges: (1) leaving a job
to which he was assigned without proper permission; (2) disrespectful conduct
and (3) being on duty while under the influence of alcohol. He resigned
at the last minute ... then he appealed citing coercion. .Decision
07-28:..EEO:.
VA
OEDCA SPRING DIGEST 2009. Digest
Of EEO Related Information ..Decision
07-24:..EEOC:
..PRESIDENT
OBAMA NOMINATES JACQUELINE BERRIENTO HEAD EEOC
ARTICLE
HERE.
PRESIDENT
OBAMA NOMINATES JACQUELINE BERRIENTO HEAD EEOC
President Obama Nominates
Jacqueline Berrien to Head EEOC
July 17, 2009 - Posted by
Rachel Eggleston
Yesterday, President Obama
nominated Jacqueline Berrien, associate director-counsel for the NAACP
Legal Defense and Education Fund (LDF), to chair the Equal Employment Opportunity
Commission (EEOC).
The Civil Rights Act of 1964
created the EEOC to combat employment discrimination. It investigates and
prosecutes employment discrimination complaints based on a person's race,
color, national origin, religion, gender, age, disability and as well as
complaints of retaliation for reporting or opposing discriminatory practices
and policies. It also coordinates all of the federal government's
equal opportunity programs.
Berrien, a graduate of Harvard
Law School, has served as LDF's associate director-counsel since 2004.
She has also worked for the Ford Foundation's Peace and Social Justice
Program, the Lawyers' Committee for Civil Rights, and the American Civil
Liberties Union.
"Each of us deserves a fair
chance to succeed in our workplace and make a contribution to this nation,
and I'm confident that Jacqueline's passion and leadership will ensure
that the Equal Employment Opportunity Commission is living up to that mission,"
said President Obama.
The Senate must confirm Berrien
before she assumes the post.
07-23:..IRS:
..
DO
I HAVE TO PAY IRS TAXES ON LIFE INSURANCE BENEFITS?
ANSWER
HERE.
DO
I HAVE TO PAY IRS TAXES ON LIFE INSURANCE BENEFITS?
Generally, no, you don't
have to pay tax on a life insurance death benefit. If a life insurance
death benefit is paid to you in a lump sum or other than at regular intervals,
include it in your gross taxable income on your tax return only to the
extent it is more than the amount of life insurance death benefit payable
to you at the time of the insured person’s death. In other words, if the
life insurance death benefit is $50,000 and you receive $50,100 the $100.00
is taxable interest and you should include it on your tax return.
If the life insurance death
benefit paid to you is not greater than the amount of the life insurance
death benefit payable at death then it is not taxable and you should not
include it on your tax return. In other words if the life insurance death
benefit is $50,000 and you receive $50,000 there is no taxable interest
to include on your tax return.
If you receive a life insurance
death benefit in installments you can exclude a part of each life insurance
death benefit installment from your taxable income on your tax return.
Divide the life insurance death benefit of the policy by the number of
years payments are to be received. That's the amount that is tax free each
tax year.
07-23:..REVERSE
DISCRIMINATION:
..WAS
THE WHITE POSTAL WORKER SUBJECTED TO REVERSE DISCRIMINATION WHEN HIS BLACK
SUPERVISOR FIRED HIM? WHEN AN EMPOYEE FILES AN EEO COMPLAINT , THE
AGENCY WILL LOSE UNLESS IT "SETS
FORTH A LEGITIMATE, NONDISCRIMINATORY REASON FOR ITS ACTIONS."...
SEE
DECISION HERE.
07-22:..MSPB:
.DID
ARMY REMOVE HIM FOR HIGH BLOOD PRESSURE? .
CONTINUED
HERE.
"
For twenty-four years, the appellant was employed by the Department of
the Army
as
a general engineer, specializing in reliability evaluation. After an altercation
with his
supervisor,
the appellant was transported to a hospital, where he was treated
for
agitation
and anxiety. the appellant k was diagnosed with hypertension. Shortly thereafter,
the
Army proposed to remove the appellant because of the altercation. His removal
became
effective on August 4th.
The
appellant filed a disability retirement application with the Civil
Service
Retirement
System (“CSRS”) in September. The appellant cited high blood
pressure,
impulse-control disorder, and “intermittent explosive disorder reactive
to
psychosocial
stressors” as his covered disabilities.." ...
07-20:..MSPB:
.SHOULD
HE HAVE BEEN REMOVED FOR APPROVED LEAVE? .
CONTINUED
HERE.
"
The appellant is a preference-eligible disabled veteran and was employed
by the agency as a Mail Processing Clerk. He was removed for unacceptable
attendance/failure to meet the attendance requirements of his position.
The the agency cited 81 days of absence from work from May to September
of which 1 day was unscheduled sick leave, 3 days were absence without
leave (AWOL), and the rest (77 days) were unscheduled leave without pay
(LWOP). The appellant’s unscheduled sick leave and LWOP were approved
leave." ...
07-16:..MSPB:
.SSA
FIRED THE ATTORNEY FOR LYING! .
HE GOT A LAWYER AND ...
CONTINUED
HERE.
"
The
agency removed the appellant from her Assistant Regional Counsel (General
Attorney) position based upon the charge of “inappropriate behavior.” The
agency specified that, while serving as a Special Assistant U.S. Attorney,
the appellant made three false statements to the U.S. District Court for
the District, to explain her need for an extension of time for a filing
in an assigned case. .She Appealed."
07-16:..FEDCIR:
.DID
VA FIRE A GOOD EMPLOYEE?..The
Appellant acknowledged a history of substance abuse problems, including
an arrest that led to his referral to a treatment program. Subsequently,
he continued using illegal drugs, resulting in incarceration, hospitalization,
and further referrals to substance-abuse treatment programs.. ..Decision
.ABOVE
TO OPEN