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| 09-02:.FEDCIR: INDEFINITE SUSPENSION REVERSED!- Information Technology Manager was placed on an Indefinite suspension, after he was indicted in state court on two counts of criminal conduct, pending the outcome of the criminal proceedings. The employee appealed. He argued that the agency failed to establish a “demonstrable connection” between his job duties and the off-duty offense with which he was charged. MSPB: We sustain the indefinite suspension. FEDCIR: We agree with [the employee] that the Board’s finding of a nexus between the charges against him and the efficiency of the service is not supported by substantial evidence. For the foregoing reason, the final decision of the Board sustaining [the employee's] indefinite suspension is reversed.decision | |||||||||||
| 09-02:.RECENT MSPB DECISIONS: .All..Aug-29.-.Aug-22.-.Aug-08.-.Jul-18.-.Jul-10.-.Jun-27 | |||||||||||
| 08-29: INVESTIGATIONS: .OPM is responsible for conducting over 90% of the background investigations for the Federal Government, and expects to conduct over 2.3 million this fiscal year. .here | |||||||||||
| 08-28: EEOC: NEW Q&As Promoting Employment of Individuals with Disabilities. .here | |||||||||||
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| 08-25: OFFICE OF SPECIAL COUNSEL to DEPT OF LABOR: - You Are Ordered To Fire Him - Now! .decision | |||||||||||
| 08-25: DISCLAIMER: PERMERICA.COM IS A PRIVATE NON-GOVERNMENT WEBSITE | |||||||||||
| 08-20: EEOC ISSUES FEDERAL WORK FORCE REPORT FOR 2007 - In FY 2007, federal employees and applicants filed 16,363 complaints alleging employment discrimination on the basis of race, color, sex, national origin, religion, age, disability and reprisal – down from 16,723 complaints in FY 2006 and 18,000 complaints in FY 2005. Agencies also reduced the average processing time for conducting investigations from 186 days in FY 2006 to 176 days in FY 2007, the best investigation times reported in the last 14 years. .report | |||||||||||
| 08-18: TERMINATION DURING TRIAL PERIOD REVERSED! .AGENCY ORDERED TO PAY $99, 000. .decision | |||||||||||
| 08-11: REMOVED! "I WAS NOT AWARE OF VA LEAVE REQUEST PROCEDURES." ..decision | |||||||||||
| 08-11: LEAVE: Update on Excused Absence for Employees Returning from Active Military Duty. here | |||||||||||
| 08-07: TRUTH IS STRANGER THAN FICTION - The appellant had surgery on her left knee on February 27. She was diagnosed with breast cancer on April 24; she had surgery for that condition on May 15, 2006; and on May 30, she had surgery on her right knee. Although she was scheduled to begin radiation therapy the following month, that therapy was canceled after the she (appellant) learned that she was pregnant. ..decision | |||||||||||
| 08-07:
MSPB:
PROBATIONARY TERMINATION - Write
This Down 'Cause You'll Need It Later: A
probationary employee terminated for post-appointment reasons may appeal
to the Board only on the grounds that the termination was based upon partisan
political reasons or marital status. 5
C.F.R. § 315.806(a), (b). The appellant has not alleged
that he was terminated for partisan political reasons or because of his
marital status; however, he claims that he was not a probationary employee
on account of his prior federal service and so has Board appeal rights.
To qualify as an “employee” with appeal rights under 5 U.S.C. Chapter 75,
the appellant, as a competitive service employee, must show that he either
is not serving a probationary period or has completed one year of current
continuous service under an appointment other than a temporary one limited
to a year or less. 5
U.S.C. § 7511(a)(1)(A); McCormick
v. Department of the Air Force, 307 F.3d 1339, 1341-44 (Fed. Cir. 2002).
An appellant who has not served a full year under his appointment can show
that he has completed the probationary period, and so is no longer a probationer,
by tacking on prior service in the competitive service if: (1) The prior
service was rendered immediately preceding the probationary appointment;
(2) it was performed in the same agency; (3) it was performed in the same
line of work; and (4) it was completed with no more than one break in service
of less than 30 days. 5
C.F.R. § 315.802(b); Ellefson
v. Department of the Army, 98 M.S.P.R. 191, (2005).
Alternatively,
an employee can show that, while he may be a probationer, he is an “employee”
with Chapter 75 appeal rights because, immediately preceding the adverse
action, he had completed at least one year of current continuous service
in the competitive service without a break in federal civilian employment
of a workday. Ellefson, 98 M.S.P.R.
191, decision
(PERMERICA.COM)
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| 08-04:.DOLLY SINGS THE BLUES (Soulful Side of Ms. Parton): . | |||||||||||
| 07-31:.CAN A PROMOTION ACTION BE EFFECTED RETROACTIVELY? PRIOR TO THE DATE APPROVED BY THE PERSONNEL DIRECTOR? She Filed A Complaint To OPM Because She Felt That She Had A Right To A Retroactive Promotion: The claimant is requesting that the effective date of her promotion, from a GS-0511-11 to a GS-0511-12, be changed from May 7, 2000 to April 9, 2000 and she subsequently be paid retroactively. The claimant provides documentation, showing that her supervisor recommended her for promotion to the GS-12 level on February 11, 2000. According to the claimant and her supervisor, she was eligible for this promotion on April 9, 2000. However, based on a copy of the personnel action, [the claimant's] promotion was not made effective until May 7, 2000. [The claimant] contends that the personnel office's tracking report showed that the personnel office received the personnel action on February 28, 2000; however, it was "lost in the mail" and not processed until May 11, 2000. The agency agrees that the personnel action was electronically received on February 28, 2000. However, the agency's "authorized approving official" did not approve the promotion request prior to April 9, 2000 and, therefore, the agency contends that they cannot retroactively effect her promotion to that date. ..OPM decision Save This For Your Records *.PERMISS.*.PERMISS-TABLE.*.Comp Gen Briefs | |||||||||||
| 07-31:.REVERSED! - EEO DISCRIMINATION? - SHE HAD BREAST CANCER: Ms. Adams, a candidate for the United States Foreign Service, passed the required entrance examinations and received a medical clearance, only to learn thereafter that she had been diagnosed with stage-one breast cancer. Upon hearing the news, the State Department, expressing concern that many of its overseas posts lack the follow-up care it believed Adams required, revoked her medical clearance, disqualifying her from the Foreign Service. Adams sued under the Rehabilitation Act of 1973, which prohibits federal agencies from discriminating in employment against disabled individuals -- including those with a "record of a disability, 29 U.S.C. § 705(20)(B)(ii). In her complaint, she alleged that her surgical treatment rendered her cancer-free and able to work anywhere in the world without requiring specialized follow-up care. Without allowing discovery, the district court granted summary judgment to the State Department, concluding among other things that Adams had no record of a disability as defined in the statute. For the reasons set forth in this opinion, we reverse... the decision | |||||||||||
07-24:.IS
IT ILLEGAL AND/OR A VIOLATION OF THE PRIVACY ACT FOR A FEDERAL AGENCY OFFICIAL
TO DISCLOSE DISCIPLINE/ADVERSE ACTION INFORMATION TO A PERSPECTIVE FEDERAL
EMPLOYER IN ANOTHER AGENCY? CAUTION:
THE FOLLOWING INFO IS FOR HR OFFICIALS ONLY!
CAUTION: IMPROPER INFORMATION RELEASE CAN LEAD TO ADVERSE ACTION CAUTION: CHECK WITH AGENCY HR/ER OFFICIALS PRIOR TO RELEASING INFORMATION ... EMAIL COMMENTS TO:PERMERICA@AOL.COM ... |
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| 07-17:.OPM DIRECTOR BAILING OUT EARLY: To Cash In On Lucrative Private Sector Position. . here | |||||||||||
| 07-17:.TO BREACH OR NOT TO BREACH A LAST CHANCE AGREEMENT:.ARMY Removed Him. He Entered Into A Last Chance Agreement. ARMY Removed him when he violated the "LCA" . He appealed to MSPB. The MSPB initial decision (He Did Not Violate The LCA) Reversed the Removal. The MSPB Full Board decision (He Did Violate The LCA) reversed the reversal and sustained ARMY's removal. On Appeal, The FedCir decision (MSPB Full Board Used Different Criteria to Weigh The LCA Violation than Originally Used By The Agency) Appears Poised To Un-Reverse the Reversed Reversal. . the decision | |||||||||||
| 07-16:.BREACH OF LAST CHANCE AGREEMENT? .DVA Rendered A Decision To Remove Her. She Entered Into A Last Chance Agreement With DVA. The Agency Removed her citing violation of the "LCA" . She appealed to MSPB. NOTE: the Board (MSPB) lacks jurisdiction to review a removal based on violation of a Last Chance Agreement unless the appellant proves that: (1) he/she complied with the LCA; (2) the agency breached the LCA; or (3) he/she involuntarily entered into the LCA. See Buchanan v. Dep’t of Energy, 247 F.3d 1333, 1338 (Fed. Cir. 2001).. the decision | |||||||||||
| 07-15:.PUBLICLY AVAILABLE INFO ON FEDERAL EMPLOYEES: -.5 CFR 293.311 | |||||||||||
| 07-15:.FLRA TRAINING: -.“Significant Developments in FLRA Case Law 2007 – 2008” July 30 and August 27HERE | |||||||||||
| 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. | |||||||||||
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| 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)
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| 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 | |||||||||||
| 01-07:.ZORA NEALE HURSTON'S BIRTHDAY (American Writer): ..wikipedia | |||||||||||
| 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 | |||||||||||
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| 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 |
