| 06-21:.MSPB: .W.HOUSE PROUDLY UNVEILS NEWLY REDESIGNED MSPB SEAL: .. NEW MSPB SEAL .. |
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| **-**..RECENT MSPB DECISIONS:..All .-AUG-27 .-AUG-06 .-JUL-30 .-JUL-23 .-JUL-16 .-MSPB |
| BLUE:.Lucinda Williams - Lonely Girls |
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| 09-03:.FLRA: .AFGE vs SSA ... GRIEVANCE ... DID SSA VIOLATE AGREEMENT WHEN THEY REFUSED TO HONOR PREVIOUS MOU's ? ... As discussed in greater detail in Local 3937, the Arbitrator found that, upon the effective date of the parties’ national agreement (the 2005 MLA), twelve local memoranda of understanding (the 12 MOUs) “ceased to exist[,]” and the Agency was no longer “obligated to honor” the conditions of employment contained therein after that date. 64 FLRA at 1113 (quoting Award at 18). Accordingly, the arbitrator found that the Agency did not violate the 2005 MLA when it denied the Union’s request to bargain over its announcement that the 12 MOUs would no longer be followed. Here AFGE Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 09-03:.ABA JOURNAL: .DIVORCE LAWYER TO CLIENT: " If You Are Not Happy With Your Wife, Take My Wife, Please! " ..HERE |
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| 09-03:.TECH NEWS: .BETANEWS...-...GOVERNMENT COMPUTER NEWS...-...ENGADGET |
| 09-02:.MSPB: .Winston vs IRS ... MSPB TO IRS, " STOP BEING SUCH PETTY JERKS " ... The appellant filed an appeal of her removal from her Customer Service Representative position, GS-0962-08, effective December 7, 2007. On November 25, 2008, the parties reached an oral settlement agreement. 1. The agency agrees: to rescind her removal and replace it with a resignation for personal reasons. 2. The appellant agreed: she will neither seek, nor apply for, nor accept any employment whatsoever with the Internal Revenue Service. She later applied for a position at IRS. Now IRS wants to reinstate her removal. ... Here He Appeals To MSPB Full Board. ..DECISION |
| 09-02:.HURRICANE TO AMERICA: " MY NAME IS EARL " |
| 09-02:.FLRA: .Patent&Trade vs NTEU ... GRIEVANCE ... DID THE STAFFING SPECIALIST'S DECISION TO ASK THE SELECTING OFFICIAL ABOUT QUALIFICATIONS OF CANDIDATES VIOLATE THE MERIT PROMOTION PLAN? ... The grievant applied for promotion to a computer specialist position, but was informed by the office of human resources that she was not qualified because she failed to meet selective placement factors for the position. She filed a grievance that was submitted to arbitration where the parties stipulated that an issue for resolution was whether the selecting official’s determination that the grievant did not meet the qualifications for the position was proper. The Arbitrator found that the agency violated the Merit Promotion Plan. Here Patent&Trade Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 09-01:.MSPB: .WALL vs OPM ... AN INTERESTING DISABILITY RETIREMENT CASE ... The Department of Veterans Affairs (VA) terminated the appellant from the position of Claims Assistant, GS-06, at a VA Medical Center (VAMC) on August 17, 2007, during his probationary period. He previously was employed by the U.S. Postal Service from November 1972 through September 1991, when he was removed after 1 year in a non-pay status. The appellant applied for a disability retirement annuity under CSRS 4 days prior to his termination from the Claims Assistant position. The appellant asserted in his application for retirement benefits that he was disabled by arthritis and ankylosis (i.e., stiffness) in his right ankle, tension and migraine headaches, hypertension, sinusitis and diabetes. OPM issued initial and final decisions finding that the appellant did not show he was disabled by a medical condition that caused his service deficiencies. ... Here He Appeals To MSPB Full Board. ..DECISION |
| 09-01:.FEDCIR: .HALL vs US (NAVY) ... BALLZ? ... HOW TO USE THE GRAND JURY SYSTEM TO AVOID A DIRECTED REASSIGNMENT ... FACED WITH A DIRECTED REASSIGNMENT TO AN UNDESIRED LOCATION, SHE SUCCESSFULLY PLAYED THE GOVERNMENT TO AVOID THE MOVE ... Dawn Hall was hired as an engineer for the Navy in 1984 and was stationed in California. (1) In June 2002, she agreed to transfer to Washington, D.C., but she was allowed to delay the transfer until July 2003 due to the poor health of her mother. (2) In March 2003, Ms. Hall submitted an application to serve as a grand juror for the Ventura County Superior Court in California. She was selected to serve a one-year term beginning on July 1, 2003. During that year, the Navy paid Ms. Hall in accor-dance with 5 U.S.C. § 6322, which entitles federal em-ployees to take court leave without any loss in pay. On May 26, 2004, the Navy directed Ms. Hall to re-port for duty in Washington, D.C., no later than July 14,2004. Meanwhile, Ms. Hall was also asked by the presid-ing judge of the Ventura County Superior Court if she would volunteer to stay for a second year and serve as the foreman of the grand jury. Ms. Hall then contacted the Office of Personnel Management (“OPM”) seeking advice as to whether her employer could direct her not to serve on the grand jury. ... Here She Appeals To FedCir. ..DECISION |
| 08-31:.5thCir: .Stormy Magiera vs Dallas ... EEO ... SEXUAL HARASSMENT IN POLICE DEPARTMENT ... QUESTION: WAS SHE TOO SENSITIVE? or WAS SHE RIGHT? ... Ms. Stormy Magiera was hired by the City as a police officer in September 2000. On May 21, 2005, Magiera responded to the sound of a gunshot being fired in the parking lot of a nightclub. Sergeant Dexter Ingram arrived at the scene shortly thereafter and, while attempting to restore order, referred to Magiera as “darling” and touched her arm. After Magiera asked Sergeant Ingram to refrain from calling her “darling” or touching her, Sergeant Ingram turned to Sergeant Kevin Harris, Magiera’s supervisor, and said, “come talk to your girl [be]cause I can’t.” Officer Magiera asked Sergeant Harris for a control number to file a complaint with Internal Affairs. Sergeant Harris refused. Later that evening, Sergeant Harris and Sergeant Richard Forness removed Magiera from patrol duties and informed her that she could be sent home for requesting a control number. Magiera went home on leave. The next day, Magiera filed a complaint with Internal Affairs, alleging sexual harassment and retaliation. According to Magiera, word of her complaint spread around the department, and other officers began treating her poorly. On February 27, 2006, Magiera filed a charge of discrimination and retaliation with the EEOC. Here Stormy Magiera Appeals for Final Fifth Circuit Decision. ..DECISION |
| 08-31:.EEOC: .Marbry vs Treasury ... EEO ... TREASURY DISCRIMINATED AGAINST ME WHEN THEY WOULD NOT LET ME SIT WHERE I WANTED TO SIT ... At the time of events giving rise to this complaint, complainant worked as a Program Analyst, GS-13 at the agency's Small Business/Self Employed unit at the agency's Lanham, Maryland facility. On March 7, 2006, complainant filed an EEO complaint alleging that she was subjected hostile work environment on the basis of her disability (anxiety) when: 1. on August 3, 2005, complainant requested that she be assigned to a different workspace as a reasonable accommodation, and in response to her request management used undue pressure to force her to hastily choose a seating assignment; 2. on January 11, 2006, management denied complainant's reasonable accommodation request that her workspace be relocated. Here Marbry Appeals for Final EEOC Decision. ..DECISION |
| 08-30:.FLRA: .AFGE vs VA (Detroit) ... GRIEVANCE ... DID VA DETROIT MEDICAL CENTER VIOLATE AGREEMENT WITH AFGE? ... The grievant was employed as a licensed practical nurse. From 2001-2003 and again in 2006, the Agency assigned the grievant to an acting Clinical Coordinator position. The Union filed grievances alleging that the Agency violated the parties’ agreement by: (1) temporarily promoting the grievant without proper compensation; (2) not filling the temporary promotion through competitive procedures; (3) bypassing the Union by not notifying it of the grievant’s temporary promotion; and (4) preselecting the grievant for the Clinical Coordinator position. The Arbitrator found that the grievance was untimely filed in part, and that the Agency did not violate the parties’ agreement by temporarily assigning the grievant additional duties without providing extra compensation or notifying the Union. Here AFGE Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-30:.MSPB CASE REPORT DATED AUGUST 27, 2010. ...HERE |
| 08-27:.EEOC: .Geiger vs SSA ... EEO ... I WAS DISCRIMINATED AGAINST ON THE BASES OF RACE (BLACK) AND SEX (MALE) ... At the time of events giving rise to this complaint, complainant worked as a Management Support Specialist, GS-105-12, at the agency's Social Security Administration facility in Gallipolis, Ohio. On August 28, complainant filed an EEO complaint claiming that he was discriminated against on the bases of race (Black) and sex (male) when, on July 21, he was not selected for the position of Social Insurance Administrator, GS-105-13, advertised under Vacancy Announcement No. PE-06-153-111937. At the conclusion of the investigation, SSA issued its Final Agency Decision (FAD) finding that complainant was not discriminated against on the bases of race and sex as alleged. Here Geiger Appeals for Final EEOC Decision. ..DECISION |
| 08-27:.MSPB: .Sanchez vs Homeland ... REMOVED / RETURNED ON SETTLEMENT / REMOVED AGAIN / RETURNED ON SETTLEMENT AGAIN / REMOVAL REVERSED ... NOW I WANT YOU TO PAY MY MONEY ! ... The appellant was originally removed from his position as a Criminal Investigator with Immigration and Customs Enforcement, effective October 28, 2006, based on charges of off-duty misconduct that occurred in 2001. {Can You Spell Stale} He appealed to the Board, and the Board dismissed the appeal as settled pursuant to a settlement agreement. The settlement agreement provided for, inter alia, the appellant’s reinstatement and placement on LWOP for a set period of time. The Board entered the agreement into the record for enforcement purposes. The agency subsequently removed the appellant a second time based on a new, but related, misconduct charge. The appellant filed both an appeal of his second removal and a petition for enforcement of the settlement agreement reached in his appeal of his first removal. ... ... ... ..DECISION |
| 08-26:.EEOC: .Barr vs Postal ... SEXUAL ORIENTATION ... DID POSTAL DISCRIMINATE AGAINST HIM BECAUSE HE WAS GAY? ... In a complaint dated July 17, 2009, complainant alleged that he was subjected to discrimination on the bases of sex (sexual preference) and reprisal for prior protected EEO activity when, on June 3, 2009, complainant was subjected to harassment which the agency did not handle properly. Postal dismissed his complaint because he was too sensitive. Here Barr Appeals for Final EEOC Decision. ..DECISION |
| 08-26:.FLRA: .Interior vs Indians ... GRIEVANCE ... BIZARRE DECISION, MAKES YOU SCRATCH YOUR HEAD ... ARBITRATOR FINDS INTERIOR POLICY THAT TERMINATES DRUNK DRIVERS DISCRIMINATED AGAINST NATIVE AMERICANS ... The Union filed a grievance alleging that the Agency’s removal of the grievant from his position as an Irrigation System Operator “was not for just cause. The Union argued that an Agency policy that provided the basis for the grievant’s removal violated the collective bargaining agreement (CBA) and Title VII of the Civil Rights Act. ??? Was the grievant’s removal in accordance with law, rule, regulation and/or the parties’ negotiated labor agreement? If not, what is the remedy? ??? The Arbitrator ruled that the grievant was improperly removed. The Arbitrator found that the grievant was removed because he was unable to perform the duties of his position. The grievant occupied a position that required him to operate a motor vehicle. The Arbitrator found that the grievant was unable to perform the duties of his position because of an Agency policy requiring the termination of driving privileges for motor vehicle operators who have been “[a]rrested for . . . Driving Under the Influence [(DUI)].” After the Agency learned that the grievant had been arrested for DUI, it terminated the grievant’s driving privileges, and then removed him because he could no longer perform his position’s driving duties. The Arbitrator ordered the Agency to reinstate the grievant and to cease implementation of the policy on which the grievant’s removal was based. . The Arbitrator concluded that the Agency’s policy has a disparate impact on Native American Agency employees. Consequently, the Arbitrator determined that both the Agency’s policy and the grievant’s removal violated the CBA. The Arbitrator therefore sustained the grievance. Here INTERIOR Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-25:.FLRA ANNOUNCES COMPREHENSIVE ARBITRATION TRAINING:.HERE |
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| 08-25:.11TH.CIR: .Johnson vs Georgia. ... CAUTION, CONTAINS GRAPHIC VIOLENCE!!! ... BRUTAL GEORGIA DEATH ROW RAPIST, MURDERER PLEADS FOR LIFE ... Marcus Ray Johnson, a Georgia prison inmate, appeals his death sentence. The issues on appeal concern whether Johnson’s trial counsel were ineffective in the penalty phase as to evidence of Johnson’s life history, escape from pretrial custody, and future dangerousness. [T]he victim, Angela Sizemore, met Johnson in a west Albany bar called Fundamentals between 12:30 and 1:30 a.m. on March 24, 1994. Ms. Sizemore had been to a memorial service for an acquaintance the previous day, and she had been drinking so heavily the bar had stopped serving her. Johnson was wearing a black leather jacket, jeans, black biker boots, and a distinctive turquoise ring. According to a witness, Johnson was angry and frustrated because another woman had spurned his advances earlier in the evening. The bar owner and its security officer (who both personally knew Johnson) testified that they saw Johnson and Ms. Sizemore kissing and behaving amorously. [At approximately 2:30 a.m.] Johnson and Ms. Sizemore left Fundamentals together; the bartender handed Ms. Sizemore’s car keys directly to Johnson. They were seen walking towards Sixteenth Avenue. ... ..DECISION |
| 08-24:.EEOC: .Gonzalez vs VA ... DID VA DISCRIMINATE AGAINST THE NURSE AFTER HIS ON-THE-JOB INJURY? ... At the time of events giving rise to this complaint, complainant worked as a Staff Nurse at the agency's San Antonio, Texas facility. Complainant suffered an on-the-job injury in July 2000, and was re-injured in December 2002. Upon his return to work, complainant was placed on light duty with a lifting restriction of 25 pounds. On March 4, 2004, complainant filed an EEO complaint alleging that he was discriminated against on the basis of disability (back injury) when: (1.) in November 2003, management did not select/transfer him to the position of staff nurse in the Medical Intensive Care Unit (MICU) at the Houston facility; and (2.) in 2005, management did not select/transfer him into any of the positions at the Houston facility for which he applied. VA found no discrimination. Here Gonzalez Appeals for Final EEOC Decision. ..DECISION |
| 08-24:.FLRA: .Energy vs AFGE ... GRIEVANCE ... THE ARBITRATOR FOUND THAT ENERGY VIOLATED THE PARTIES’ AGREEMENT when it failed to provide the Union with a list of award recipients’ names correlated with their respective award amounts. Under the Agency’s performance-award system, employees who receive summary performance rating scores between 70 and 100 are eligible to receive an award. The Union filed a grievance alleging that the Agency violated the parties’ agreement by failing to provide the names of award recipients. Here ENERGY Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-24:.FEDERAL NEWS MIX: .BETANEWS...-...GOVERNMENT COMPUTER NEWS...-...ENGADGET |
| 08-23:.MSPB: .Guzman vs VA ... REMOVED ... WHISTLEBLOWER ... MSPB GRANTS A THIN LIFELINE TO A FIRED VA EMPLOYEE ... The appellant was employed by the Office of the Nurse Executive, Maryland Health Care System, Department of Veterans Affairs, as a Program Support Assistant, GS-0303-06. He was removed on four charges, including (1) providing false information on the Optional Form (OF) 306, Declaration for Federal Employment; (2) absence without leave (three specifications); (3) failure to follow leave procedures (three specifications); and (4) disrespectful conduct (two specifications). Guzman appealed his removal. In his initial pleading before the Board, the appellant raised an affirmative defense under the WPA. The appellant alleged that he had witnessed “mistreatment, abuse, neglect and downright apathy” by some employees towards patients and “corruption, fraudulent acts, [and] conflict of interest” perpetrated by management. ..DECISION |
| 08-23:.FLRA: .AFGE vs Energy ... GRIEVANCE ... AFGE: "THE DIRECTOR, HIMSELF, MUST ATTEND NEGOTIATION SESSIONS!" ... ENERGY insisted that someone other than the Director represent the Agency at negotiating sessions concerning a drug-testing program. In light of an Agency policy that any written agreement does not become final until the Director has signed it, AFGE filed a grievance alleging that the Agency’s refusal to send the Director to negotiations violated the Agency’s duties under § 7114(b)(1), (2), and (5) of the Statute,1 as well as the Agency’s duty to bargain in good faith pursuant to the parties’ agreement. Here AFGE Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-20:.EEOC: .Hitchcock vs Homeland (TSA) ... SEXUAL HARASSMENT ... WHEN WAS THE LAST TIME YOU GOT "WANDED" ? ... On or about March 27, complainant was involved in an incident in which complainant was accused of groping an ASA employee (ASA E1). The incident occurred when complainant wanded and touched ASA E1 in the groin area during a security screening. ASA E1 alleged that during the screening, complainant said, "you like it, don't you?" Then, due to the incident ASA Station Manager (ASA SM) filed a complaint with TSA. ... Based on the TSA investigation, AFSD concluded that complainant's conduct, and his refusal to either apologize or accept responsibility for the incident was causing an intolerable situation between TSA and ASA at the Golden Triangle Airport. Accordingly, AFSD and the Federal Security Director (FSD) decided to discharge complainant. Here Hitchcock Appeals for Final EEOC Decision. ..DECISION |
| 08-20:.FLRA: .PRISONS vs AFGE ... GRIEVANCE ... The Union filed a grievance arguing that the Agency violated the FLSA and the parties’ agreement by failing to pay Officers overtime compensation for certain duties, including pre- and post-shift activities, and by failing to maintain accurate timekeeping records. Exception, Attach. B. The Union requested, among other things, “[ten] minutes of overtime per shift” and liquidated damages. Id. The matter was unresolved and submitted to arbitration. The Arbitrator ruled in favor of the Union. Here PRISONS Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-19:.1ST.CIR: .GRANT vs MAINE PRISON ... ATTENTION MOTHER IN LAWS, YOU MAY WANT TO THINK TWICE ABOUT CRITICIZING YOUR SON IN LAW ... On the afternoon of November 30, Grant ingested about a half-ounce of cocaine and then drove to the home of his mother-in-law, Janet Hagerthy, in Farmingdale, Maine. Following an argument, Grant attacked Hagerthy, tied her hands behind her back, loaded her into his pick-up truck, and dumped her in a field. Her body was found the following day and a later autopsy indicated the cause of death to be blunt force trauma and blood loss from stab wounds. ... On December 29, a grand jury indicted Grant for murder, see Me. Rev. Stat. Ann. tit. 17-A, § 201(1)(A). Prior to trial, Grant moved to suppress his statements from the December 2 interview, contending that he had repeatedly invoked his Miranda rights on December 1 and that his December 2 statements were obtained in violation of his Fifth Amendment right to remain silent. Following an evidentiary hearing, the motion court denied his motion to suppress. ..Here He Appeals To 1ST.CIR ..DECISION |
| 08-18:.PERMERICA OPINION: .GROSS MISCARRIAGE OF JUSTICE: Dear Eric Holder, Please Demand That Us Attorney Patrick Fitzgerald Tender His Resignation, Immediately! Through The Misuse Of His Office, He Caused A Sitting Governor To Be Removed For Other Than Good Government Reasons. xxxx |
| 08-18:.FLRA: .AFGE vs VA PHOENIX ... GRIEVANCE ... The Arbitrator granted the grievance in part, finding that the Agency had just cause to suspend the grievant for failing to provide adequate medical documentation to support his sick leave request, but did not have just cause to suspend him for returning late from a break. For the following reasons, we dismiss the Union’s exceptions in part and deny the Union’s remaining exceptions. Here AFGE Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-18:.MSPB: .Engel vs Postal ... REMOVAL ... SETTLEMENT AGREEMENT / NON COMPLIANCE ... On April 28, 2008, the agency removed the appellant from her Postmaster, EAS-15, position. The appellant filed an MSPB appeal of this removal on May 27, 2008. On September 25, 2008, the parties reached an oral settlement agreement resolving all disputed issues in the appeal. On October 13, 2009, the appellant filed a petition for enforcement of the agreement, and in a subsequent submission alleged, among other things, that the agency: (1) failed to rescind the Notice of Proposed Removal and Letter of Decision, and (2) failed to select her for several positions with the USPS for which she applied after the agreement was reached. ..DECISION |
| 08-17:.OPMNEWS: .OPM PRINTS LIES IN DEFENSE OF FEDERAL PAY: xxxx |
| 08-17:.FLRA: .AFGE vs VA ... NEGOTIABILITY ... AFGE FIGHTS TUBERCULOSIS TESTS FOR VA BOSTON MEDICAL CENTER EMPLOYEES ... VA has a tuberculosis testing policy (current policy) that offers employees the option of undergoing annual tuberculosis testing. All prospective employees, however, are required to undergo such testing. Testing is a The Agency has a tuberculosis testing policy (current policy) that offers employees the option of undergoing annual tuberculosis testing. All prospective employees, however, are required to undergo such testing. Here AFGE Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-16:.FEDCIR: .WRIGHT vs OPM ... SHE IS APPEALING OPM's DENIAL OF HER DISABILITY RETIREMENT APPLICATION ... Ms. Cecelia Ann Wright appeals the decision of the Merit Systems Protection Board (“Board”) affirming the denial of her disability retirement application. Ms. Wright filed an application for disability annuity under the Federal Employees Retirement System (“FERS”) on August 6, 2008 based on diagnoses of anxiety and agoraphobia. The Office of Personnel Management (“OPM”) denied her application, and explained that it was unable to conclude from the medical documentation provided that you are disabled from useful and effi-cient service. There are no objective psychological test results and only a limited history of continual findings. There are no documented restrictions on performance of your duties from your healthcare providers, and it is unclear that your conditions [are] likely to continue for one year from the date of your application. ... Here She Appeals To FedCir. ..DECISION |
| 08-16:.MSPB: .McDougall vs SSA ... RETALIATION ... CONSTRUCTIVE REMOVAL ... WAS THE SSA ADMINISTRATIVE LAW JUDGE FORCED TO RETIRE? ... The appellant, Donald T. McDougall, served as an administrative law judge at SSA’s Morgantown, West Virginia, office. The appellant alleged that between July 2006 and August 2008, he had a series of five or six conflicts with his supervisor, the Chief Administrative Law Judge, which led him to announce that he would retire as of January 3, 2009. On December 2, 2008, the appellant filed a formal complaint of discrimination with his agency’s Equal Employment Opportunity (EEO) office. In his complaint, the appellant alleged that the Chief Administrative Law Judge subjected him to a hostile work environment and discriminated against him based on his mental and physical disabilities, forcing him to retire. ..DECISION |
| 08-13:.EEOC: .Caminiti vs Postal ... DID POSTAL REMOVE THE WHITE MAN TO SAVE MONEY BECAUSE OF HIS AGE? ... On September 4, 2009, Complainant filed an EEO complaint alleging that the Agency discriminated against him on the bases of race (Caucasian), color (white), age (52), and reprisal for prior protected EEO activity under Title VII when he was removed from the Postal Service on July 16, 2009. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of his right to request a hearing before an EEOC Administrative Judge (AJ). In accordance with Complainant's request, the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). The decision concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. CONTENTIONS ON APPEAL:On appeal, Complainant alleges that the Agency removed him to save money because of his age. Here Caminiti Appeals for Final EEOC Decision. ..DECISION |
| 08-12:.EEOC: .Wall vs Justice ... SEX IN THE WORKPLACE / ABUSE ... SUPERVISOR HAD AN INTIMATE AFFAIR WITH SUBORDINATE ... From 1995 to 1998, complainant's supervisor (S1) had an intimate consensual sexual relationship with complainant's coworker. Sometime in 1998, the coworker wanted to discontinue her sexual relationship with S1. However, S1 ignored her request and forced her to have sexual intercourse and oral sex with him in his office. S1 also subjected the coworker to verbal abuse in front of her peers. Once the sexual abuse ceased, the verbal abuse escalated. Complainant reported S1's abuse of her coworker to her first line manager (M1), who was a subordinate to S1. Other employees also told M1 about S1's abuse towards the coworker. The frequency of the reports of abuse to M1 varied from once a month to once every few months. As a result, M1 had several discussions with S1 about his abuse towards the coworker, however, the abuse did not cease. Despite agency policy, M1 did not report the harassment to more senior agency officials. In March 2001, the abuse escalated. .Here She Appeals for Final EEOC Decision. ..DECISION |
| 08-12:.FLRA: .PRISONS vs AFGE ... GRIEVANCE ... OVERTIME / PER DIEM ... In anticipation of Hurricanes Katrina and Rita, the Agency sent a number of employees from other facilities to assist prison facilities in Texas and Louisiana with evacuating inmates. For Hurricane Katrina, bus crews -- employees trained to move prisoners safely -- were sent to assist the State of Louisiana. The bus crews initially worked out of the Elaine Hunt State Correctional Facility (Elaine Hunt or Elaine Hunt Facility) in Baton Rouge, Louisiana. After about eight days, the bus crews were relocated to Oakdale Federal Prison. At the end of this assignment, they returned to their home base. The Union filed a grievance alleging that the Agency failed to pay the employees properly. The Arbitrator granted, in part, a grievance alleging that the Agency violated federal regulations when it failed to pay overtime pay and per diem reimbursements to employees who assisted the Agency in responding to Hurricanes Rita and Katrina. As a remedy, the Arbitrator ordered backpay and attorney fees. Here PRISONS Appeals Arbitrator's Decision To FLRA. ..DECISION |
| 08-12:.USATODAY: Federal Workers Earning Double Their Private Counterparts. HERE |
| 08-11:.FEDCIR: .LODGE vs EEOC ... DID EEOC GET CAUGHT DISCRIMINATING AGAINST HIM BECAUSE HE WAS A VETERAN? ... On July 7, 2009, the Equal Employment Opportunity Commission (“EEOC” or “Agency”) posted two vacancy announcements, an open competition announcement and a merit promotion announcement, for the same Program Assistant position in its Atlanta District Office. On July 8, 2009, Terri Cook (“Cook”), an employee in the Atlanta District Office, submitted an application to the open competition. Her application indicated her prior military service and her eligibility for ten veterans’ preference points. On July 12, 2009, Lodge also submitted an appli-cation to the open competition. His application similarly indicated his prior military service and his eligibility for ten veterans’ preference points. ... Here He Appeals To FedCir. ..DECISION |
| 08-11:.MSPB: .Morris vs VA ... LAST CHANCE AGREEMENT ... REMOVAL ... On May 1, 2009, the agency issued a notice of proposed removal to the appellant based upon absence without leave (AWOL), lack of candor with a supervisor, and leaving an assigned job during working hours without permission. On July 13, 2009, the appellant signed a last-chance agreement (LCA) in order to prevent the agency from effecting his removal; the LCA provided that the proposed charges “were supported by competent evidence,” and the record reflects a decision to remove the appellant from employment had been “made and rendered” on July 10, 2009. By letter dated July 31, 2009, the agency terminated the appellant’s employment for violating the terms of the LCA: ... ..DECISION |
| 08-11:.TECH NEWS: .BETANEWS...-...GOVERNMENT COMPUTER NEWS...-...ENGADGET |
| 08-10:.FLRA: .SATCO vs AirForce ... GRIEVANCE ... SATCO UPSET ABOUT HOW AIRFORCE FILLED SUPERVISORY POSITION ... As relevant here, the Union filed a grievance alleging that a supervisory position had been filled in violation of 5 U.S.C. § 3326(c)(4), which provides for appointment of retired members of the armed forces to positions in the Department of Defense. The Arbitrator found that the grievance was not substantively arbitrable because it concerned a supervisory position that was excluded from the coverage of the parties’ agreement. Here SATCO Appeals To FLRA. ..DECISION |
| 08-10:.FLRA: .NAVY vs NAGE & FUSE ... GRIEVANCE ... NAVY STOPPED PROVIDING FREE BOTTLE WATER / REFUSED TO NEGOTIATE WITH UNION ... On November 28 and December 1, the Agency met with FUSE and NAGE, and notified them that it no longer would supply bottled water and would not replace the existing supply when it ran out. On December 18, the Agency notified the Unions that bottled water no longer was available. FUSE filed a grievance on December 22, and NAGE filed a grievance on December 29. The grievances alleged that the Agency violated “the [c]ollective [b]argaining [a]greement between the bargaining units and the [Agency] by removing, and failing to replace, bottled water without first negotiating with the Unions. When the grievances were not resolved, they were submitted to arbitration. The Arbitrator did not state the issues to be resolved. The Arbitrator found that the Agency improperly failed to bargain with the Unions before removing Agency-purchased bottled water from its buildings. Here Navy Appeals To FLRA. ..DECISION |
| 08-09:.FEDNEWS: .First woman to head major US intelligence agency. xxxx |
| 08-09:.FEDCIR:
.REMPLE
vs HHS ... WHISTLE BLOWING
... REMOVAL ... SETTLEMENT
... Brown Remple was employed as a Program Specialist
with the Department of Health and Human Services (“HHS” or “the Agency”).
On June 30, she filed an Individual Right of Action (“IRA”) appeal at the
Board’s Western Regional Office alleging retaliation for whistle-blowing.
Her appeal was voluntarily dismissed without prejudice on September 30,
and she refiled on December 1.
On September 15, HHS proposed Brown Remple’s removal from her position with the Agency based on multiple charges of misconduct. On December 4, the charges were sustained, and Brown Remple was removed, effective December 5. On December 9, she filed a second appeal at the Board’s Western Regional Office challenging her removal from federal service. ... Here She Appeals Her Removal To FedCir...DECISION |
| 08-09:.MSPB CASE REPORT DATED AUGUST 06, 2010. ...HERE |
| 08-06:.TECH NEWS: .New Cheap Android 2.1 WiFi Internet Tablet Computer At Kmart. xxxx |
| 08-06:.MAYBERRY NEWS: .Sheriff Andy Taylor announced support for the Obama Heath Care Law. xxxx The Mayberry Tea Party leader (Ernest T. Bass) does not support the health care law. |
| 08-06:.MSPB: .Davis vs Interior ... DID INTERIOR FIRE ANNETTE IN RETALIATION FOR PRIOR EEO ACTIVITY? ... On July 18, 2009, the agency removed the appellant from her Fiscal Officer position based on one charge of failure to comply with proper directives (including three specifications). The appellant filed a Board appeal and alleged, among other things, that the agency’s action was based on prohibited discrimination (race and sex), and that it was taken in retaliation for filing an equal employment opportunity (EEO) complaint. ..DECISION |
08-06:.EEOC:
.Yore
vs
Prisons ... On September 2, Complainant
contacted the EEO office regarding claims of discrimination based on his
race and in reprisal for prior EEO activity. Informal efforts to resolve
Complainant's concerns were unsuccessful. On January 3, Complainant filed
the instant forma] complaint. In its final decision,
the Agency framed the claims as follows:
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| 08-05:.GOOD
NEWS:
.President
Obama freezes Political Appointee discretionary payments or salary adjustments...HERE
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| 08-05:.FEDCIR: .McGachey vs AirForce ... DID AIR FORCE REMOVE THE POOR, INNOCENT, FEMALE NURSE BECAUSE SHE HAD MIGRAINE HEADACHE? ... The facts underlying the first charge were the follow-ing: At 4:00 a.m. on December 14, Ms. McGachey called her unit duty station to request sick leave for a migraine headache; when she called, she reached the night unit coordinator. Because Ms. McGachey’s element leader was not on duty at that time, the night unit coordinator told her that she needed to contact her element leader to have her request approved. Ms. McGachey responded that she did not believe she had to call her element leader. Ms. McGachey then ended the call. She did not leave her telephone number, nor did she call her element leader or any other supervisor, either then or later. Instead, Ms. McGachey took medication and fell asleep for several hours. The agency treated those actions as “failure to follow leave procedures and absent without leave” (the “AWOL charge”). ... more ... Here The Nurse Appeals Her Removal To FedCir...DECISION |
| 08-05:.PREDICTABLE
NEWS:
.Openly
Gay, San Francisco Judge strikes down California gay marriage ban.
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| 08-05:.FLRA: .NFFE vs Arny ... GRIEVANCE ... ARMY TOLD UNION "YOU CAN'T TELL ME HOW TO FILL A SUPERVISORY POSITION" ... In August and September, the Agency filled two supervisory positions with bargaining unit employees. The Agency asked for volunteers for one of the positions, that of Supervisory Information Technology Specialist. Only one employee volunteered. The Agency subsequently placed the employee in the position on a permanent basis. Award at 6. The Agency filled the second supervisory position, a Supervisory Purchasing Technician, with a bargaining unit employee on a temporary basis. The Arbitrator Denied the Union's Grievance. Here The Union Appeals To FLRA. ..DECISION |
| 08-04:.NEWS:
.Happy
Birthday, President Obama. (49) Born August 4, 1961...WIKI
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| 08-04:.EEOC: .Boltz vs SSA ... DID SSA DISCRIMINATE AGAINST THE FEMALE ATTORNEY WHEN THEY REMOVED HER FOR "INAPPROPRIATE BEHAVIOR BY AN ASSISTANT REGIONAL COUNSEL?" ... At the time of the events at issue, petitioner was employed by the agency in the position of Assistant Regional Counsel, GS-905-14, Office of General Counsel in Denver, Colorado. Petitioner timely filed an EEO complaint alleging that she was discriminated against on the bases of sex (female), age (42), and reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964 when she was removed from her position effective November 23, 2007. SSA issued its final decision on the complainant, concluding no discrimination occurred. Thereafter, petitioner filed an appeal with the MSPB. MSPB sustained her removal. .Here She Appeals for Final EEOC Decision. ..DECISION |
| 08-04:.FLRA: . Forest Service vs NAGE ... GRIEVANCE ... REIMBURSEMENT FOR SAFETY SHOES ... The workers involved are non-professional employees whose duties include coordinating with contractors to plan activities such as building roads for timber cutting and logging purposes in a national forest. The grievant submitted her request to be reimbursed for the cost of her protective footwear, consisting of high ankle steel-toed boots. Shortly afterwards, the safety committee recommendation that employees be reimbursed for protective footwear in a range of $120 to $200 a year. However, the Agency rejected this recommendation because, in the Agency’s view, reimbursement was not “legally required.” The Arbitrator found the Agency violated the collective bargaining agreement. Here Forest Service Appeals To FLRA. ..DECISION |
| 08-03:.FLRA: . SSA vs AFGE ... GRIEVANCE ... SHE WAS SUSPENDED 2 WEEKS FOR DISRESPECTFUL BEHAVIOR ... The grievant, a claims representative, was suspended for two days for inappropriate and discourteous behavior toward a manager and disruption of the workplace. She filed a grievance alleging that the discipline was not for just cause under the parties’ collective bargaining agreement. ... The Arbitrator granted the grievance in part and denied it in part. As a remedy, the Arbitrator reduced the two-day suspension to a reprimand and awarded the grievant backpay with interest.. Here SSA Appeals To FLRA. ..DECISION |
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| 08-03:.MSPB: .Special Counsel vs Phillip ... REMOVED FOR VIOLATION OF HATCH ACT ... BIASED MSPB BOARD REDUCES PENALTY FOR EX-TREASURY EMPLOYEE WHO SOLICITED CONTRIBUTIONS FOR CANDIDATE OBAMA USING GOVERNMENT EQUIPMENT/TIME (Board Should Be Investigated) ... The Office Of Special Counsel filed a four-count complaint charging that the respondent, an Internal Revenue Service (IRS) Revenue Agent, violated the Hatch Act by forwarding one e-mail on January 11, 2008, to numerous individuals including co-workers. The e-mail, from then-presidential candidate Barack Obama, solicited online contributions. The respondent had added the following message to the forwarded e-mail: “FYI . . . if you want to help out the campaign! PS . . . If you are tired of getting e-mails from me, just let a brotha know!” The respondent sent the e-mail while on duty from his government office and the e-mail included his name, title, group, duty location, and telephone number... .DECISION |
| 08-02:.MSPB: .Gerald vs Treasury ... TIMELINESS ... PHYSICAL INABILITY TO PERFORM THE DUTIES OF HIS POSITION ... On August 7, 2002, the agency issued a decision notice removing the appellant, effective August 13, 2002, for his physical inability to perform the duties of his position. The decision letter notified the appellant of his right to file an appeal with the Board as well as the time limit and place for filing an appeal. The appellant filed an appeal with the Board on June 3, 2008. On his appeal form, the appellant stated that he received the agency’s decision letter on August 9, 2002. In response to an order to show cause issued by the administrative judge the appellant asserted that he delayed filing his appeal because he did not learn until May 2008 that there were coding errors on the SF-50 effecting his removal... .DECISION |
| 07-30:.FLRA: . AFGE vs Agriculture ... GRIEVANCE ... AGRICULTURE COLLUDED WITH IRS TO GARNISH 95% OF HIS TRAVEL ADVANCES BEFORE HE RECEIVED THE MONEY ... In the grievance, the Union alleged that the Agency was “participating in unlawful wage garnishments by garnishing employee travel advances.” According to the Union, travel advances are not “wages earned under prevailing wage garnishment laws.” The Union requested that the reductions end and that the grievant be made whole. The Agency denied the grievance and the matter was submitted to arbitration. ... The Arbitrator found the Agency did not violate the collective bargaining agreement. Here AFGE Appeals To FLRA. ..DECISION |
| 07-30:.DEAL: .40" High Rated 40" 1080p LCD HDTV for $399 + FS at Walmart (Proscan 40LD45Q) |
| 07-30:.10TH.CIR: .USA vs MULLINS & EDWARDS ... TYPICAL REAL ESTATE AGENT BEHAVIOR ... LaDonna Mullins and Linda Edwards both owned real estate businesses in the Denver metro area. Both also entered into a scheme to defraud the U.S. Department of Housing and Urban Development (“HUD”) by using false information to obtain loans insured by the Federal Housing Administration (“FHA”). For this, Ms. Mullins and Ms. Edwards were indicted for and convicted of wire fraud, among other things. Here Both Women Appeal To 10TH.CIR ..DECISION |
| 07-30:.EEOC: .Giddings vs Postal ... SEX DISCRIMINATION BY THE POSTMASTER? ... The Postmaster was on the phone with his boss (female) explaining why his up-time was not met. At the conclusion of the call, the Postmaster slammed down the phone and angrily and loudly said, "Bitch!" in front of complainant and another co-worker (C2, female). Complainant felt frightened and intimidated by the Postmaster's outburst and surprised by his disrespect for his boss. ... C2 told complainant that the Postmaster referred to the Postal Manager (Manager, female) as "the troll." Complainant indicated that she felt uncomfortable and demeaned as a result. .Here She Appeals for Final EEOC Decision. ..DECISION |
| 07-29:.TECH: .Droid X smartphone is the new Android champ ..HERE |
| 07-29:.TECH NEWS: .BETANEWS...-...GOVERNMENT COMPUTER NEWS...-...ENGADGET |
| 07-29:.FLRA: . AFGE vs SSA ... SSA REFUSED TO FOLLOW OR NEGOTIATE OVER MOU'S THAT EXISTED PRIOR TO NEW MASTER LABOR AGREEMENT ... The parties bargained over, and reached agreement on, a new national agreement, the 2005 Master Labor Agreement (MLA). ... Subsequently, the Agency notified the Union that it would no longer follow the 12 MOUs, which were locally negotiated agreements that existed prior to the 2005 MLA. The Union requested bargaining, but when the Agency denied that request, the Union filed a grievance that was unresolved and submitted to arbitration. The Arbitrator found the Agency did not violate the parties’ 2005 Master Labor Agreement (the 2005 MLA) when it refused to bargain over twelve memoranda of understanding (the 12 MOUs) reached prior to the 2005 MLA. Here AFGE Appeals To FLRA. ..DECISION |
| 07-29:.MSPB: .Dunbar vs Postal ... TIMELINESS ... EXAMPLE OF THE MOST BLATANTLY ANTI-MANAGEMENT (Union-Owned) MSPB BOARD IN THE HISTORY OF MANKIND ... the appellant could not be charged with constructive receipt on the basis that she unreasonably delayed in collecting his mail ... although the appellant’s own negligence prevented [her] from receiving the agency’s decision in a timely manner, this provided no basis for constructive receipt ... whether the appellant was negligent in picking up her mail was immaterial to the timeliness issue under the Board’s regulations ... Under the plain language of the Board’s regulations, the date that an appellant actually receives the agency’s decision letter is the relevant date for determining the filing deadline – not the date that it was delivered to his address of record. ..DECISION |
| 07-29:.FLRA: .FLRA Issues Revised Arbitration Regulations to Improve ... ..DECISION |
| 07-28:.MSPB: .Howard vs AirForce ... HARMFUL PROCEDURAL ERROR ... AIR FORCE REMOVED HIM BASED ON A THREAT THAT OCCURRED 3 YEARS PRIOR ... OUTSIDE EMPLOYMENT DURING PAID DUTY HOURS ... 34 YEARS OF SERVICE WITH THE AGENCY AND NO PRIOR DISCIPLINE ... Effective November 20, 2008, the agency removed the appellant from the position of Auditor, YA-511-02, based on the following charges: (a) use of government resources for personal gain; (b) outside employment during paid duty hours; (c) falsification of material facts and deliberate misrepresentation; (d) threatening bodily harm (two specifications); and (e) failure to disclose outside employment. ..Now He Appeals to MSPB ..DECISION |
| 07-28:.DC.CIR: .MOGENHAN vs HOMELAND ... FROM HOMELAND TO VA, CHRONIC EEO COMPLAINT FILER, HAS FILED MULTIPLE EEO COMPLAINTS AGAINST ALL HER SUPERVISORS AT MULTIPLE AGENCIES ... Ann Marie Mogenhan sued her employer, the United States Secret Service, alleging that it violated the Rehabilitation Act by (1) retaliating against her for filing a discrimination complaint and (2) by failing to reasonably accommodate her disability. The district court granted summary judgment in favor of the Service for both of Ms. Moganhan's claims...Here She Appeals To DC.CIR ..DECISION |
| 07-28:.MSPB: .New MSPB Report Examines Effectiveness Of First-level Supervisors ..DECISION |
| 07-28:.EEOC: .EEOC Releases Federal Work Force Report ..DECISION |
| 07-27:.EEOC: .Giddings vs Postal ... DISCRIMINATION BASED ON REPRISAL? ... At the time of events giving rise to this complaint, complainant worked as a Maintenance Mechanic at the agency's Richmond Processing and Distribution Center facility in Richmond, Virginia. On July 15, 2007, complainant filed an EEO complaint alleging that he was discriminated against on the basis of reprisal for prior protected EEO activity when: 1. Complainant was subjected to two drug tests; 2. The agency has not responded to complainant's request for a detail to the Franklin Post Office, and 3. The agency has failed to update complainant's training records for promotion eligibility. The AJ found no facts to establish that reprisal motivated the agency's actions and no other facts connected complainant's prior EEO activity to any of the actions complainant claimed were discriminatory. Accordingly, the AJ found a hearing was not necessary and that drawing every inference in complainant's favor, that complainant had not shown that discrimination occurred. .Here He Appeals for Final EEOC Decision. ..DECISION |
| 07-27:.MSPB: .Sanders vs SSA ... SSA REMOVED HER BASED ON POOR PERFORMANCE ... The appellant was a GS-0303-06 Benefits and Records Technician with the agency’s office in Wilkes-Barre, Pennsylvania. On November 3, 2008, the agency placed the appellant on a 120-day “Opportunity to Perform Successfully (OPS)” plan. The OPS plan informed the appellant that her performance had been deficient in three of the four critical elements of her position. The OPS plan indicated what the appellant needed to do to bring her performance of those elements to the satisfactory level. At the conclusion of the 120-day OPS period, the agency determined that the appellant’s performance was “Not Successful.” The agency then proposed to remove the appellant as a result of her failure to attain an acceptable level of performance. ..Now She Appeals to MSPB ..DECISION |
| 07-26:.FLRA: .Navy vs NAGE ... NAVY CANCELLED OVERTIME PAY FOR POLICE DAILY LUNCH BREAK ... ULP / CONTRACT REPUDIATION? ... Navy police had a sweet deal. They negotiated a contract article which paid the police Overtime for their 30 minute daily lunch break. Two years later, Navy terminated the practice of paying 30 minutes overtime for the daily lunch break. NAGE filed a grievance. An arbitrator ruled in favor of NAGE and ordered Navy to resume paying police officers 30 minutes overtime for their daily lunch break. Here Navy Appeals To FLRA...DECISION |
| 07-26:.MSPB: .Kinglee vs Postal ... OWCP RESTORATION ... WAS THE POSTAL INDEFINITE SUSPENSION LEGIT? ... ALSO, MSPB AGAIN CLARIFIES THAT AGENCY MUST CONSIDER ENTIRE COMMUTING AREA FOR OWCP RESTORATION CASES. ..Now He Appeals to MSPB ..DECISION |
| 07-23:.MSPB: .Diggs vs HUD ... HUD FIRED HER FOR BEING A RUDE, DISRUPTIVE, AGGRESSIVE, INTIMIDATING, THREATENING, VERBALLY BERATING, HOSTILE ________ . ... The agency removed the appellant from her GS-343-09 Management Analyst position based upon the charges of rude, disruptive, aggressive, or intimidating behavior, and misrepresentation. Both charges stemmed from incidents that occurred on January 17, 2008. The first charge alleged that the appellant verbally berated her supervisor, approached her in a hostile manner and told the supervisor that she (the supervisor) “would be sorry.” The agency further specified that, later that day, the appellant raised her voice in a meeting with her second-level supervisor, was inappropriately rude and threatening to a co-worker, and disobeyed an instruction from her second-level supervisor. ..Now She Appeals to MSPB ..DECISION |
| 07-23:.FACT: .SHIRLEY SHERROD - CONSTRUCTIVE REMOVAL CHICAGO STYLE? ... GANGSTA VOLUNTARY RESIGNATION ... I WAS DRIVING MY CAR ON THE HIGHWAY. THE WHITE HOUSE WANTS YOU TO RESIGN NOW! THEY DIRECTED ME TO PULL MAY CAR TO SIDE OF THE ROAD AND SEND US A LETTER OF RESIGNATION ON YOUR BLACKBERRY! .... VIDEO HERE |
| 07-22:.FACT: .SHIRLEY SHERROD - Helped A Poor White Family To Avoid Foreclosure... VIDEO HERE |
| 07-14:.MSPB: .Helms vs Army ... INDEFINITE SUSPENSION ... The appellant is a GG-0132-13 Intelligence Specialist (Operations) in the Fort Knox, Kentucky, field office of the Army Intelligence and Security Command (INSCOM). He held a Top Secret security clearance, which was a condition of his employment. The appellant was assigned as the Primary Information Management Officer in the Fort Knox field office and as such was responsible for security and safeguards for information systems. On August 27, 2008, the agency suspended the appellant’s access to information on the agency’s classified computer network, SIPRNET. On October 16, 2008, the agency proposed the appellant’s indefinite suspension from duty and pay based on the suspension of his access to classified information. The agency effected the indefinite suspension on December 9, 2008, pending a determination by the agency’s Central Personnel Security Clearance Facility (CCF) on whether to reinstate the appellant’s access to classified information. The appellant appealed his indefinite suspension. ..DECISION |
| 07-22:.FED.CIR: .MANCINI vs VA ... DID VA REMOVE THE VOC REHAB SPECIALIST INAPPROPRIATE REASONS? ... Mancini was employed as a vocational rehabilitation specialist at the Dayton Veterans Affairs Medical Center (“Dayton VA”) from 1992 until January 2, 2009. The four charges for which Mancini was removed from this position relate to multiple, distinct events that occurred over a short period of time. ... During Fall 2007 and early 2008, Mancini served as a counselor to a female veteran (the “Veteran”) with diminished mental capacity who was receiving treatment at the Dayton VA. On October 18, 2007, Mancini concluded that he believed it was in the Veteran’s best interests for her to be transferred to the care of a female vocational rehabilitation specialist, Debbie Oberg...Now She Appeals to FED.CIR ..DECISION |
| 07-21:.DEAR WH & NAACP: .It Appears That You'll Made A Mistake On Shirley Sherrod. If So, Have The Courage To Do The Right Thing! Please, Investigate The Right-Fearing Knee Jerks Who Directed Her To Resign! ..HERE |
| 07-21:.EEOC: .Quesada vs Homeland ... THE EEO COUNSELOR TOLD ME I DID NOT HAVE A CASE! ... AND HOMELAND AGREED. ... In his complaint, complainant alleged that he was subjected to discrimination on the bases of national origin (Hispanic), sex (male), and reprisal for prior protected EEO activity. ..Here He Appeals for Final EEOC Decision. ..DECISION |
| 07-21:.10TH.CIR: .USA vs LAHR ... On the morning of March 27, 2007, Lahr entered the US Bank office located at 2845 Linden Court in Loveland, Colorado, approached a bank teller, and told her, “This is a robbery! Give me your money!” Lahr placed what appeared to be a wallet on the teller counter, and the teller placed approximately $4,250 in large bills on top of the wallet. Lahr took the money and fled the bank. On January 26, 2009, a federal grand jury indicted Lahr on one count of bank robbery...Here He Appeals To 10TH.CIR ..DECISION |
| 07-20:.EEOC: .Morris vs Postal ... DID POSTAL ERR WHEN THEY DISMISSED HER EEO COMPLAINT FOR FAILURE TO STATE A CLAIM? ... Since The Manager Undid The Action Which Formed The Basis For Her Discrimination Complaint, Postal Dismissed Her Complaint ... Here She Appeals for Final EEOC Decision...DECISION |
| 07-20:.TSP: .New Thrift Savings Plan Web Site: ..HERE |
| 07-20:.11TH.CIR: .USA vs Charles Taylor, Jr. ... CHARLES TAYLOR, JR. WAS FOUND GUILTY OF HORRIFIC ACTS OF TORTURE ... Charles Taylor Jr., the son of Charles Taylor, former President of Liberia, is a U.S. citizen, born in Boston to Charles Taylor Sr.'s college girlfriend. Raised by his mother in Florida until he was 17, Taylor Jr. traveled to Liberia in 1997 to live with his father. While in Liberia, Charles Taylor Jr. ordered and engaged in some of the most horrific acts of torture committed by a non-US Justice Department employee. [Charles Taylor Jr.], who is the first individual to be prosecuted under the Torture Act, 18 U.S.C. § 2340-2340A (“the Torture Act”), seeks reversal of his convictions on the ground that the Torture Act is unconstitutional. ... Here Charles Taylor, Jr. Appeals To 11TH.CIR Warning, This Decision Is Extremely Disturbing..DECISION |
| 07-19:.11TH.CIR: .USA vs Wesley Snipes ... WESLEY SNIPES: THE IRS IS BOGUS, I CHALLENGE THE IRS' AUTHORITY TO COLLECT TAXES ... Wesley Trent Snipes is a movie actor and owner of film production companies, including Amen RA Films and Kymberlyte Productions. Although Snipes earned more than thirty-seven million dollars in gross income from 1999 to 2004, he did not file individual federal income tax returns for any of those years. Mr. Snipes was sentenced to three (3) years in Federal prison. Defendant Wesley Trent Snipes appeals from his criminal convictions, after a jury trial, on three counts of willful failure to file individual federal income tax returns for calendar years 1999, 2000, and 2001, in violation of 26 U.S.C. § 7203. ... Here Wesley Snipes Appeals To 11TH.CIR ..DECISION |
| 07-19:.MSPB: .ELLIS vs DEFENSE ... REMOVAL ... FALSIFYING OFFICIAL GOVERNMENT RECORDS ... MISUSE OF POSITION ... The appellant was employed by DOD as a Quality Assurance Specialist (Electronics), GS-11. By letter dated May 19, 2009, the agency proposed the appellant’s removal based on charges of (1) willfully forging or falsifying official government records or documents, (2) misuse of position ... He denied that he misused his position in violation of 5 C.F.R. § 2635.702. On June 24, 2009, the agency issued a letter of decision removing the appellant effective June 26, 2009. The deciding official sustained the falsification and misuse of position charges. The appellant filed a timely Board appeal challenging his removal. ..DECISION |
| 07-19:.EEOC: .Demeo-Phillips vs Postal ... DISCRIMINATION? ... 85% DEAF / BRAIN TUMOR ... In her complaint, complainant alleged that she was subjected to harassment on the bases of sex (female), disability (hard of hearing, brain tumor, and arm injuries), age, and reprisal for prior protected EEO activity. In support of her claim of harassment, complainant indicated that the following events occurred: 1. On May 8, 2009, complainant's supervisor (Supervisor) came to her desk and told her that the Union Stewart would be assigned to her workspace. The Supervisor moved complainant to a desk on the workroom floor and told her to answer the phones. Complainant indicated that she is hard of hearing (85% deaf on one side) and has chronic ringing due to a brain tumor. ...... more … After investigating her EEO complaint, Postal made a finding of no discrimination. Here She Appeals for Final EEOC Decision...DECISION |
| 07-19:.MSPB CASE REPORT DATED JULY 16, 2010. ...HERE |
| 07-19:.TECH NEWS: .BETANEWS...-...GOVERNMENT COMPUTER NEWS...-...ENGADGET |
| 07-16:.FLRA: .NTEU vs HOMELAND ... UNFAIR LABOR PRACTICE (ULP) ... As relevant here, in the merits award, the Arbitrator found that Homelans Security committed an unfair labor practice (ULP) by failing to give the Union notice and an opportunity to bargain over the impact and implementation of changes in assignment policies. Subsequently, the Arbitrator issued a remedy award. Here Homeland Security Appeals To FLRA. ..DECISION |
| 07-15:.VAOIG: .HIGH LEVEL EX- OPM OFFICIAL FOUND GUILTY OF ABUSE AT VETERANS AFFAIRS ... DR. RAYSHAD HOLMES, TRANSFERED TO VA FROM THE OFFICE OF PERSONNEL MANAGEMENT. VAOIG: We substantiated that Dr. Rayshad Holmes, Director of Human Resource Development (HRD), Veterans Health Administration (VHA) Workforce Management & Consulting Office (WMCO), engaged in prohibited personnel practices when he twice gave preference in hiring to ..... We concluded that [he] first engaged in a prohibited personnel practice when, as a long-term close personal friend, conducted a solo interview of and then selected [Name Redacted] for a position in which he would supervise. ... He again engaged in a prohibited personnel practice when he contacted panel members responsible for rating and ranking .... . VAOIG REPORT |
| 07-15:.EEOC: .Harrison vs Interior ... I WAS DISCRIMINATED AGAINST ON THE BASES OF RACE (AFRICAN-AMERICAN), SEX (MALE), COLOR (BLACK), AND AGE ... At the time of events giving rise to this complaint, complainant was an Employee Concern Specialist, GS-0301-13, at the agency's facility in Valdez, Alaska. He applied for the position of Equal Employment Manager, GS-0260-13, at the agency's facility in Anchorage, Alaska, under Vacancy Announcement AK-Merit-2007-0196. The record indicates that complainant's name was listed among the Certificate of Eligibles. Complainant was interviewed for the position by the Selecting Official (SO) and an EEO specialist. The SO chose the selectee (Selectee) (female, Caucasian, white, born in 1956) .... Here he Appeals for Final EEOC Decision. .. DECISION |
| 07-15:.10TH.CIR: .Robertson vs Kansas ... I WAS FOUND GUILTY OF KIDNAPPING , ARSON AND MURDERING MY GIRLFRIEND'S MOTHER, ... BUT, MY GIRLFRIEND MURDERED HER MOTHER ... Mr. Robertson was convicted in Kansas state court of first-degree murder, arson, and aggravated burglary in the killing of Patricia Self, his girlfriend’s mother, and the burning of Mrs. Self’s home. He was sentenced to 50 years’ imprisonment, without the possibility of parole. His convictions were affirmed by the Supreme Court of Kansas on direct appeal. Mr. Robertson subsequently sought state post-conviction relief, which also was rejected by the Kansas courts. ..Here He Appeals To 10TH.CIR ..DECISION |
| 07-14:.MSPB: .Gonzalez vs HOMELAND ... A RARE INDEFINITE SUSPENSION REVERSAL ... The appellant is a GS-1811-13 Criminal Investigator with the agency’s U.S. Immigration and Customs Enforcement office in San Juan, Puerto Rico. On September 30, 2008, the agency issued the appellant written notice of its proposal to suspend him without pay indefinitely, pending an agency investigation into allegations that he had committed acts of domestic violence on September 7, 2008. The notice specifically stated that, “while these issues raise the possibility of criminal prosecution by the Commonwealth of Puerto Rico, this action is not being proposed based upon a reasonable cause to believe that you have committed a crime for which a sentence of imprisonment may be imposed.” ..DECISION |
| 07-14:.1ST.CIR: .GENT vs OBAMA ... YES, I MET WITH BIN-LADEN AND TRAINED WITH AL-QAIDA - BUT I WAS JUST ON VACATION ... In the summer of 2001, a thirty-nine year-old Yemeni security guard took a six-month leave of absence from his job to move to Afghanistan. Leaving his wife and his two children, he stayed at the Kandahar home of his brother-in-law, a close associate of Usama bin Laden. Twice he met personally with bin Laden. From Kandahar he moved into a guesthouse used as a staging area for al-Qaida recruits. He then attended al-Qaida's A1 Farouq training camp, where many of the September 11th terrorists had trained. He traveled between Kabul, Khost, and Kandahar while American forces were launching attacks in Afghanistan. Among other explanations for his movements, he claimed that he had decided to take a vacation. After sustaining injuries requiring his hospitalization, he crossed the Pakistani border on a bus carrying wounded Arab and Pakistani fighters. This man, Mohammed Al-Adahi, who is now a detainee at Guantanamo Bay Naval Base, admits all of this but insists he was not a part of al-Qaida and never fought against the United States. The district court ordered him released. ..Here Obama Administration Appeals To 1ST.CIR ..DECISION |
| 07-14:.FED.CIR: .BARELA vs MSPB ... DID DOD TAKE A PERSONNEL ACTION AGAINST THE LADY FOR WHISTLE BLOWING? ... On June 18, 2009, Ms. Barela filed an IRA appeal under the Whistleblower Protection Act. In her appeal, Ms. Barela alleged that the Department of Defense took a personnel action against her in June 1991. Ms. Barela also stated that she submitted a request to the Office of Special Counsel (“OSC”) on June 15, 2009, but that as of June 18, 2009, she had not received written notice of her right to appeal. As to her alleged whistleblowing disclosures, Ms. Barela appears to claim that she made disclosures with respect to (1) allegedly inappropriate action taken by an administrative judge during a prior appeal and (2) allegedly inappropriate action taken by various military members, employees, and contractors as described in “past submissions ... In her IRA appeal, Ms. Barela also stated that she requested that the Board stay the personnel action underlying her claim. ...Now She Appeals to FED.CIR ..DECISION |
| 07-14:.TECH NEWS: .BETANEWS...-...GOVERNMENT COMPUTER NEWS...-...ENGADGET |
| 07-13:.FED.CIR: .ROBACKER vs AGRICULTURE ... I WAS FIRED BECAUSE I LOVED CRISSY, AND I LOVED SALLY, AND I LOVED JANE ... Robacker worked as a research entomologist for the agency for over 25 years. During that time, he had romantic relationships with three subordinates. When one of the women with whom he had been romantically in-volved began to threaten that she would report him for sexual harassment, he contacted the agency’s Office of Outreach Diversity and Equal Opportunity. The counselor with whom he spoke said she did not believe she could give him advice and directed him to her supervisor. ..Now He Appeals to FED.CIR ..DECISION |
| 07-13:.FSIP: .PRISONS vs AFGE ... IMPASSE PANEL ... FCI Williamsburg is a medium security facility that houses male inmates. It has an adjacent Federal Prison Camp (FPC) for minimum security prisoners. The Union represents approximately 200 bargaining unit employees....ISSUES AT IMPASSE: The parties essentially disagree over: (1)the number of employees that should be permitted to participate in the 4/10 CWS in Buildings 1, 2 and 3 of the Unit Management Department; (2) the schedule each should work (i.e., hours of work each day and days off each week); and (3) the criteria the parties should follow in deciding who is eligible to participate and the circumstances permitting the Employer to remove a participating employee from the CWS schedule. ..DECISION |
| 07-13:.1ST.CIR: .GENT vs CUNA INSURANCE ... CUNA DUMPED ME AFTER 2 YEARS MENTAL BENEFITS ... In March 2000, work-related stress led Gent to see a psychiatrist, Dr. A.H. Parmentier. She informed Dr. Parmentier that work-related stress had caused her to become depressed. In addition to depression, Gent complained of "anxiety, sleep disturbance, poor energy, difficulty focusing, crying spells, and [the] 'inability to think clearly.'" After evaluating Gent, Dr. Parmentier diagnosed her with recurrent major depression and excused her from work. In his evaluation, Dr. Parmentier observed that Gent had a history of depression. In 1988 she had been hospitalized for depression triggered by work-related stress. ..Now He Appeals to FED.CIR ..DECISION |
| 07-12:.HAVE A SAFE TRIP HOME WALTER HAWKINS: You Brought Us So Much Joy! He was one of gospel music's most legendary figures. Bishop Walter Hawkins was one of the most beloved pastors and figures in contemporary Gospel Music today. In the Forty plus years of his career, he has created one of the most prolific and outstanding catalogs of hit gospel recordings and published songs...WIKI |
| 07-12:.FED.CIR: .KENNINGTON vs MSPB ... RELIGIOUS DISCRIMINATION? ... IRS FIRED ME BECAUSE I SPEAK DIRECTLY TO MY JESUS ... Kennington contends that he was instructed that he was “not allowed to mention Jesus.” ... Kennington noted the use of the term “in the year of our Lord” in an e-mail from a press release from the White House about lesbian, gay, bisexual, and transgender pride month. ... He became distraught at these references to “the Lord” when he was not permitted to discuss Jesus. ..DECISION |
| 07-12:.FED.CIR: .Subbaraya vs MSPB ... ETHNIC DISCRIMINATION? ... DID VA FIRE THE INDIA-AMERICAN LADY DOCTOR FOR RECOMMENDING IMPROVEMENTS? ... After Ms. Subbaraya acquired United States citizenship, she was converted to a permanent appointment as a primary care doctor at the Veterans Administration Medical Center in Wilmington, Delaware. On May 1, 2008, Subbaraya was notified by letter that she would be removed from her position with the VA due to unsatisfactory performance. On May 7, 2008, two days prior to the effective date of her proposed separation, she resigned from her position with the agency. On May 3, 2009, Subbaraya appealed to the board, arguing that her performance had been satisfactory and that the agency had retaliated against her for signing a petition recommending improvements at the Veterans Administration Medical Center.. Now She Appeals to FED.CIR ..DECISION |
| 07-12:.MSPB CASE REPORT DATED JULY 09, 2010. ...HERE |
| 07-09:.FNR: .THE MOBILE WEB ISN'T A FUTURE EVENT. IT'S HERE TODAY. A Good Read. ..HERE |
| 07-09:.FLRA: .NTEU vs IRS ... GRIEVANCE ... The Arbitrator denied the Union’s grievance alleging that the Agency committed an unfair labor practice (ULP) and violated the parties’ national agreement by making, on a “systemic” basis, unilateral changes to the working conditions of seasonal employees. Here The Union Appeals To FLRA. ..DECISION |
| 07-09:.FNR: .U.S. POSTAL SERVICE IN A DEATH SPIRAL ..HERE |
| 07-09:.OPM: .COPING WITH SEVERE HEAT AND HUMIDITY ..HERE |
| 07-08:.FLRA: .NTEU vs Treasury ... HOW TO CONDUCT A SURVEY AND AVOID UNION FOOT DRAGGING ... FAILURE TO BARGAIN / BYPASS / FAILURE TO PROVIDE INFORMATION / PARTICULARIZED USE ... A MASTER CLASS THAT CLARIFIES MANAGEMENT'S SPECIFIC OBLIGATIONS DURING SURVEY PROCESS ... This decision should be Mandatory Reading for all Labor Relations Specialists AND other management officials involved in agency survey process. ..DECISION |
| 07-08:.MSPB: .Searcyvs Commerce ... CONSTRUCTIVE REMOVAL ? ... The appellant was a GS-12 Contract Specialist in the agency’s U.S. Patent and Trademark Office (USPTO). On August 11, he contacted the Office of Civil Rights (OCR) and alleged that the agency had discriminated against him and subjected him to a hostile work environment based on his race, sex, and color when his supervisors discouraged him from applying for a position and his immediate supervisor spoke to him in a disrespectful manner. ||| On January 28, 2009, shortly after the agency began its formal investigation of the appellant’s complaint, he resigned by submitting an e-mail entitled “Constructive Discharge Resignation under Duress” to various USPTO personnel, including his supervisors. ..DECISION |
| 07-07:.7TH.CIR: .MURPHY vs Eddie Murphy ... EDDIE STOLE THE PJs CARTOON IDEA FROM ME ... MORE > ... |
| 07-07:.FLRA: .AFGE vs Army Medical ... NEGOTIABILITY APPEAL ... AFGE PROPOSES THAT HEALTH CARE WORKERS SHOULD BE ALLOWED TO SPREAD DISEASES, IF BASED ON PERSONAL REASONS. ... Army implemented a policy requiring all civilian health care providers who have direct contact with patients to be immunized annually against influenza (flu) as a condition of employment. AFGE made the following poposal: "The parties agree that the proposal provides that employees who refuse to be immunized against influenza for personal reasons can opt out."Army Refused To Negotiate For Security Reasons...DECISION |
| 07-07:.EEOC: .Vigay vs POSTAL ... WHAT IS A FRIVOLOUS EEO COMPLAINT? ... In his complaint, complainant alleged that he was subjected to discrimination on the bases of sex (male) and disability (mental stress, abdominal cutaneous nerve entrapment) when: On January 5, 2009, complainant was asked to sign a form charging him with Absence Without Official Leave (AWOL) for previously approved leave taken on December 26, 2008. Postal dismissed the claim for failure to state a claim, noting that the record showed that complainant was not charged with AWOL on December 26, 2008, but instead received "Sick - Injured on Duty Leave." Here he Appeals for Final EEOC Decision... DECISION |
| 07-06:.1ST.CIR: .Moniquevs Nashua ... I WAS RAPED BY MY CO-WORKER! THREE MONTHS AGO ... On June 26, the plaintiff, Monique J. Harrington, went for a ride with a co-worker and then went to his apartment in Nashua, New Hampshire. A sexual encounter ensued. The plaintiff alleges that, during this encounter, her co-worker raped her. ... On September 03, nearly three months later, the plaintiff told her fiancé about the incident. He pressed her to report it to the authorities, and she went to the police station for that purpose the same day. ..... ..Now She Appeals to 1ST.CIR ..DECISION |
| 07-06:.1ST.CIR: .Malone vs Lockheed ... $2 MILLION ... I'M A MILLIONAIRE, ZIACH !!! ... THE GOOD: Ajury had entered a verdict and award in favor of Malone and Lockheed Martin Corporation and Carl Supancic. The jury found the defendants guilty of employment discrimination based on race, in violation of Title VII of the Civil Rights Act of 1964, ... as well as retaliation based on Malone's alleged whistle-blowing activities, in violation of the Rhode Island Whistleblowers' Protection Act (RIWPA). The jury entered an award of $2 million in compensatory and punitive damages. ..THE BAD: The discrict court found no sufficient evidentiary basis for the verdict. ..THE APPEAL: ..DECISION |
| 07-06:.MSPB CASE REPORT DATED JULY 01, 2010. ...HERE |
| 07-01:.EEOC: .Haynes vs SSA ... IF YOU GET ANY BLACKER, YOU'LL HAVE TO SIT AT THE BACK OF THE BUS! ... In her complaint, complainant alleged that she was subjected to hostile workplace discrimination on the bases of race (Black) and reprisal for prior protected EEO activity under Title VII with respect to the following: .. SEE HERE > ... |
07-01:.MSPB:.Graves
vs VA ... MSPB GIVES A SMACKDOWN TO VA OPEN
CONTINUOUS ANNOUNCEMENT/TITLE 38 HYBRID HIRING PROCESS ...
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| 06-30:.MSPB: .Harris vs VA ... LOOKS LIKE VA REALLY BLEW THIS ONE ... PERFORMANCE / DEMOTION ... VA placed the appellant on a PIP. At the conclusion of the PIP, VA certified her as successfully completing the PIP and issued her a WithIn Grade Increase (WIGI) dated March 5, 2006. VA then demoted the appellant based on her poor performance for the period from April 1, 2005, through March 31, 2006. |||||| The MSPB Full Board is rightly confused. |||||| ..DECISION |
| 06-30:.11TH.CIR: .Ernest D. Suggs vs Florida ... SENTENCED TO DEATH ... On the night of August 6, 1990, patrons found the Teddy Bear Bar in Walton County, Florida, abandoned. The door to the bar was open, cash was missing from the register, and Pauline Casey, who had been working alone that night, was missing. Casey’s car, purse, and keys were all at the bar. |||||| A jury found Suggs guilty of robbery, kidnapping, and murder. He was sentenced to death. ..Now He Appeals to 11TH.CIR ..DECISION |
| 06-30:.EEOC: .Washington vs VA ... DISPARATE TREATMENT & HARASSMENT ... At the time of events giving rise to this complaint, complainant worked as a Program Support Clerk at the Veteran Affairs Nutrition and Food Service in the agency's facility in Gainesville, Florida. On December 17, 2008, complainant filed an EEO complaint alleging that he was discriminated against on the basis of sex (male) when: 1. He was charged with one hour of absence without official leave (AWOL) on August 19, 2008. 2. He was subjected to harassment. In support of his claim of harassment, complainant alleged the following events: 2a. He was charged a total of 7.75 hours of AWOL on the following dates: December 30, 2007; January 26, 2008; February 26, 2008; March 1, 2008; March 7, 2008; March 29, 2008; May 5, 2008; and August 19, 2008. 2b. On a recurring basis, his supervisor has monitored and timed his trips to the restroom. … After investigating his EEO complaint, Veteran Affairs made a finding of no discrimination. Here he Appeals for Final EEOC Decision...DECISION |
| 06-29:.SUPREME COURT: .Great News! Supreme Court overturns Chicago hand-gun ban. Now the people can finally protect themselves against the gun-toting thugs. " In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. ...a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Governmentand the States. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. ... " ..DECISION |
| 06-28:.MSPB CASE REPORT DATED JUNE 25, 2010..HERE |
| 06-28:.DC.CIR: .Murthy vs Agriculture ... SETTLEMENT ... DISCRIMINATION ... DID AGRICULTURE DISCRIMINATE AGAINST THE ASIAN/PACIFIC ISLANDER DUDE BY DENYING HIM PROMOTIONS TO GS-15 GRADE LEVEL? ... The complainant worked for the U.S. Department of Agriculture for twenty-seven years, most recently as a GS-14, step 10 veterinarian in Food Safety and Inspection Services. Throughout his tenure, despite his “exemplary” performance, he was “repeatedly” denied promotions to GS-15 and has consequently filed equal employment opportunity (“EEO”) complaints against the Department. He also initiated a class-action complaint with the Equal Employment Opportunity Commission (“EEOC”) by Asian/Pacific Islander employees alleging discrimination by the Department in denying promotions. ..Now He Appeals to DC.CIR ..DECISION |
| 06-28:.DC.CIR: .Armstrong vs Treasury ... AN INTERESTING CASE TO READ ... DURING AN ADMINISTRATIVE INVESTIGATION, HE WAS SELECTED FOR A POSITION AT ANOTHER AGENCY ... ONE OF HIS CO-WORKERS WARNED THE OTHER AGENCY TO NOT HIRE HIM ... One of the appellant's coworkers at the Office of the Treasury Inspector General for Tax Administration (TIGTA), filed an anonymous complaint against him. The co-worker alleged the appellant had accessed an investigative database without authorization and had disclosed confidential information he obtained there. The co-worker's complaint triggered an internal investigation, at the opening of which the appellant was relieved of his badge and law enforcement credentials, denied the use of his government vehicle and computer, and escorted out of the building and driven home. The next day he was reassigned to the Technical and Firearms Support Division. ..Now He Appeals to DC.CIR ..DECISION |
| 06-25:.OPINION: .Top General Relieved Of Command As Result Of Alcoholism. |
| 06-25:.MSPB: .Hicks vs Postal ... WORKERS COMP / RESTORATION ... The appellant, formerly a letter carrier, suffered a compensable injury in July 1984 and resigned from the agency in September 1984. He partially recovered from his injury, and in 1985 he requested restoration to his former position. The agency denied his request, and the appellant filed an appeal with the Board. In a March 1986 initial decision, which became final the following month, the administrative judge reversed the agency’s action and directed the agency to place the appellant’s name on a reemployment list and to extend him priority consideration. Here He Appeals For Compliance...DECISION |
| 06-25:.FLRA: .AFGE vs VA ... GRIEVANCE ... The VA Cleveland Medical Center began to recruit for a Heavy Mobile Equipment Mechanic by posting an announcement for internal applicants. ..... Blah Blah Blah ..... The Arbitrator determined that VA violated Article 22 of the VA/AFGE Master Agreement by failing to provide equitable consideration to S.C.’s application. Accordingly, the Arbitrator directed VA to: (1) offer S.C. a “priority consideration” for any position to which he applies; (2) send S.C. all Merit Promotion announcements for bargaining unit jobs that are above his wage rate for one year or until his priority consideration application places him in a new position (whichever is shorter); and (3) offer S.C. sufficient on-the-job training to be selected for the position. Here VA Appeals Arbitrator Decision to Full (Union Inside) FLRA. ..DECISION |
| 06-24:.QUESTION: .NEW VA SECRETARY REVEALED? McCrystal plans to take it easy for next 2 years. |
| 06-24:.MSPB: .CRUMP vs VA ... DID VA MIS-REMOVE MR. CRUMP FOR TELLING A COUPLE WHITE LIES? ... Veteran Affairs removed the appellant from the position of Cemetery Caretaker, effective August 29, 2006, based on three specifications of misrepresentation of material fact. VA charged the appellant as follows: (1) on September 9, 2005, he submitted an Employee Education Data Form and a resume that falsely stated that he had earned a master’s degree from Bemidji State University; (2) on October 24, 2005, he submitted a memorandum that falsely stated that he had been seen at the Health Partners Riverside Clinic during his absence of October 20-21, 2005; and, (3) on October 11, 2005, he submitted a letter, allegedly signed by a then-retired Navy Admiral, that falsely stated that he was on military duty from October 8-17, 2005. BONUS LIE: Additionally, the record shows that, in October 2005, prior to the appellant’s on-the-job injury, the Cemetery Director initiated an investigation into whether Crump was posing as a Navy Officer in order to receive and use military leave to which the appellant was not entitled. ..DECISION |
| 06-23:.FACT: .McGeneral Wanted To Be Fired because he doesn't want to be remembered for gay military. |
| 06-23:.FACT: .Unethical, Oil Addicted Judge, overturns gulf deep oil drilling moratorium. ..PIC |
| 06-23:.5TH.CIR: .Carmona vs Southwest ... DISABILITY DISCRIMINATION ... WAS SOUTHWEST WRONG TO TERMINATE THE FLIGHT ATTENDANT WHO SUFFERED FROM SEVERE, RED, SCALY, INFLAMED PSORIASIS? ... Carmona was diagnosed with psoriasis. Psoriasis is a skin disease characterized by thickened patches of inflamed, red skin, often covered by silvery scales. ... The case was tried before a jury, which found that Southwest had discriminated against Carmona because of his disability and awarded him $80,000 in lost wages. The district court vacated the jury’s verdict on Carmona’s claim, and granted judgment as a matter of law to Southwest. ..Now He Appeals to 5TH.CIR ..DECISION |
| 06-23:.5TH.CIR: .Carmonavs Southwest ... SAME CASE AS ABOVE ... CHECK OUT SOUTHWEST AIRLINE'S ELABORATE FAMILY AND MEDICAL LEAVE ACT PROCEDURES: ... SEE HERE >>> ... |
| 06-22:.FED.CIR: .Reardon vs Homeland ... FIRED FROM SENIOR EXECUTIVE SERVICE ... HARVARD, STANFORD, Ph'D DEGREE, NAVAL ACADEMY GRADUATE, ... On October 25, 2008, Reardon’s appointment to the Deputy Assistant Secretary position was terminated within the one-year probationary period for performance-based reasons. On November 6, 2008, Reardon filed a complaint with the Office of Special Counsel (“OSC”) alleging that he was terminated from his position in reprisal for making protected disclosures under the Whistleblowers Protection Act. Now He Appeals to FED.CIR ..DECISION |
| 06-22:.9TH.CIR: .Howard vs Clark (The Warden) ... DEANDRE HOWARD WAS CONVICTED OF MURDER AND ATTEMPTED MURDER ... Around 8:00 p.m. on July 8, 2002, Mark Freeman and Arthur Ragland were standing outside a liquor store. A man exited the front passenger door of a white Nissan, walked toward Freeman and Ragland, and shot them several times, killing Freeman and wounding Ragland. Although the police recovered no guns, they found ten shell casings, five each of two different calibers, near the location where the victims had been shot. Here, Howard Appeals to the 9TH.CIR ..DECISION |
| 06-22:.EEOC: .Washington vs VA ... DISPARATE TREATMENT & HARASSMENT ... At the time of events giving rise to this complaint, complainant worked as a Program Support Clerk at the Veteran Affairs Nutrition and Food Service in the agency's facility in Gainesville, Florida. On December 17, 2008, complainant filed an EEO complaint alleging that he was discriminated against on the basis of sex (male) when: 1. He was charged with one hour of absence without official leave (AWOL) on August 19, 2008. 2. He was subjected to harassment. In support of his claim of harassment, complainant alleged the following events: 2a. He was charged a total of 7.75 hours of AWOL on the following dates: December 30, 2007; January 26, 2008; February 26, 2008; March 1, 2008; March 7, 2008; March 29, 2008; May 5, 2008; and August 19, 2008. 2b. On a recurring basis, his supervisor has monitored and timed his trips to the restroom. … After investigating his EEO complaint, Veteran Affairs made a finding of no discrimination. Here he Appeals for Final EEOC Decision...DECISION |
| 06-23:.EEOC: .Patterson vsVA ... VA DISCRIMINATED AGAINST ME BASED ON RACE (BLACK), SEX (FEMALE), AGE, AND REPRISAL! The complainant worked as a Program Support Clerk in the Nutrition and Food Services, Diet Center, at the Veterans Affairs Hudson Valley Healthcare Center in Montrose, New York. The complainant filed an EEO complaint alleging that she was discriminated against on the bases of race (Black), sex (female), age (DOB: May 12, 1960), and reprisal for prior protected EEO activity: (1) On June 4, 2008, complainant's initial request for annual leave for one hour was denied. (2) On June 27, 2008, the Chief allowed a coworker to report to work without being charged with leave. (3) Complainant was subjected to a hostile work environment. … After investigating her EEO complaint, Veteran Affairs made a finding of no discrimination. Here She Appeals for Final EEOC Decision...DECISION |
| 06-21:.MSPB CASE REPORT DATED JUNE 18, 2010..HERE |
| 06-21:.FACT: .Republican Apologize to British Petroleum for President Obama's Tough Treatment... VIDEO |
| 06-21:.MSPB: .W.HOUSE PROUDLY UNVEILS NEWLY REDESIGNED MSPB SEAL: .. NEW MSPB SEAL .. |
| 06-21:.TECH NEWS:.GOV COMPUTER NEWS...-...BETANEWS...-...ENGADGET |
| 06-18:.FED.CIR: .Steverson vs SSA ... SSA FIRED THE JUDGE FOR BRING A PORNO/MAC/THUG ... FIRST, SSA removed the Administrative Law Judge based on four charges: (1) conduct unbecoming of an administrative law judge, (2) misuse of government property, (3) lack of candor, and (4) failure to follow agency policy. SECOND: The MSPB Administrative Law Judge mitigated the penalty to a 35 day suspension. THIRD: The MSPB Full Board reversed the ALJ's decision/and sustained SSA's decision to remove the judge. Now He Appeals to FED.CIR to Save His Livelihood ..DECISION |
| 06-18:.9TH.CIR: .Guyvs San Diego ... NO, I DID NOT MEAN TO PUNCH-OUT THAT COP! ... Anthony Guy left a bar in the San Diego nightlife district near its closing time on January 2, 2005. Guy had consumed four beers during his three-and-one-half hours at the bar, but he testified that he was not intoxicated when he left. Just outside the bar, Guy saw someone punch another person in the back of the head, and he saw two other people come to the aid of the initial puncher. Guy joined the fight and punched at least one person from behind. Meanwhile, San Diego Police Department (“SDPD”) Officer David Maley and several other SDPD officers were stationed across the street to monitor the area as bars closed for the night. Maley heard another officer, fellow defendant Richard W. Garcia, yell “fight,” Here, Guy Appeals the 9TH.CIR ..DECISION |
| 06-18:.PDC: .THIS WEEK'S GUNSMOKE: MISS KITTY WEEK .(The Woman Matt Dillon Loved) .. PICTURE > .. |
| 06-17:.FACT: .Most "O" loving libs have never watched an "O" news conference or press conference. |
| 06-17:.MSPB: .Thom vs Army ... REMOVED FOR 30 DAYS AWOL / WITH NO PRIOR DISCIPLINE ... I REPEAT, REMOVED FOR 30 DAYS AWOL WITH NO PRIOR DISCIPLINE ... Army removed the appellant from his position as a Heavy Mobile Equipment Mechanic based on a single charge of absence without leave (AWOL) from September 14, through October 13. (30 Days) He appealed his removal to the regional MSPB Regional Office and his removal was sustained. ..Here, He Appeals To MSPB Full Board. ..DECISION |
| 06-17:.EEOC: .HARASSMENT ... I WAS HARASSED BECAUSE OF MY RACE/COLOR (MEXICAN), SEX (FEMALE), AND REPRISAL FOR PRIOR PROTECTED EEO ACTIVITY BASED ON ANY AND EVERYTHING I CAN MAKE UP TO SUPPORT MY EEO COMPLAINT...For example, (1) on February 26, 2009, some were talking loudly and having personal conversations, but I was not permitted to do so. (2) on May 5, 2009, management harassed the custodian for cleaning my work area. ..DECISION |
| 06-17:.FED.CIR: .Barela vsNavy ... NO, YOU CAN'T UNDO THE SETTLEMENT AGREEMENT! ... The instant appeal stems from the Navy’s termination of her employment. Under the Settlement Agreement, the Navy would rescind various personnel actions, including her removal, remove references to such actions from her Official Per-sonnel Folder, and pay Ms. Barela $32,000 through her attorney within six weeks of the Navy’s receipt of routing or account information required to make the payment. In return, Ms. Barela agreed to resign effective September 20, withdraw her Board appeal, refrain from filing other actions against the Navy as a result of her employ-or damages not within the Agreement. On May 16, 2008, four days after she signed the Agreement, Ms. Barela tried unsuccessfully to revoke it. ..Here, She Appeals To FedCir. ..DECISION |
| 06-16:.FACT: .One U.S. Political Party is in England Criticizing U.S. Government for Being Too Tough on BP. |
| 06-16:.EEOC:.Castleberry vs DOE ... SEXUAL HARASSMENT ... MY SUPERVISOR TOLD ME HE WANTED TO WATCH ME HAVING SEX WITH OTHER MEN;kissed, touched, fondled and exposed himself to me; asked me to meet him outside the office for sexual encounters; masturbated twice in my presence and showed me pornography in his office; and asked to come to my home. ..DECISION |
| 06-16:.FED.CIR: .White vs Postal ... POSTAL FIRED THE SUPERVISOR BECAUSE HE TOOK FOUR (4) HOUR DAILY LUNCH BREAKS ... The Postal Service’s Office of the Inspector General (“OIG”) commenced an investigation into allegations that employees were entering inaccurate information into the Postal Service’s Time and Attendance Collection System (“TACS”). A review of time records led OIG to further investigate three Postal unit supervisors, including White, who had received an inordinate amount of overtime compensation due to TACS entries in excess of their daily authorized eight-hour schedule.. After considering White's prior fifteen years with the Postal Service with no past disciplinary, Postal Service upheld White’s removal. Here, White Appeals To FedCir. ..DECISION |
| 06-15:.FACTOID: .TEA SIPPING MEANS:..Blaming Fed Gov't & Employees for Everything Wrong. |
| 06-15:.MSPB: .NEW MSPB STUDY RELEASED: PROHIBITED PERSONNEL PRACTICES: ..DECISION |
| 06-15:.9TH.CIR: .Thomas West vs Arizona ... SENTENCED TO DEATH FOR MURDER ... WHY YOU MAY NEVER HAVE A YARD SALE AGAIN ... Thomas West moved to Tucson, Arizona from Chicgo, Illinois. While living in Tucson, Thomas West accompanied a friend to a yard sale at the home of Donld Bortle. Bortle had various items for sale in his home, including assorted electronic equipment and videotapes of popular movies. About two weeks later in mid-July, West broke into Bortle’s home, beat him severely about the head, and bound his limbs. ... West then absconded to Illinois with much of the stolen property. An investigation led officers to Bortle’s home where they discovered his dead body. [gruesome details removed] West was arrested in Illinois when the car in which he was riding was stopped for speeding, and the officer discovered he was wanted for murder in Arizona. A search of the car revealed several pieces of electronic equipment and other items stolen from Bortle’s home. ..Here, Thomas West Appeals. ..DECISION |
| 06-15:.FED.CIR: .Bynum vs Postal ... OWCP ... HOW TO TERMINATE AN OWCP NON-RETURNER IN THREE MONTHS AND WIN YOUR CASE AT MSPB AND FED CIRCUIT (Great Job Postal Service): .. CONTINUED > .. |
| 06-14:.FACTOID: .GULF COAST GOVERNORS ADDICTED TO OIL DRILLING:..Please Don't Stop Drilling! |
| 06-14:.MSPB: .Niemi vs Interior ... WHY WAS IT SMART FOR INTERIOR TO PLACE THE PROBATIONER ON A PERFORMANCE IMPROVEMENT PLAN? ... On December 7, 2008, the agency appointed the appellant to a career-conditional position in the competitive service, subject to a 1-year probationary period, as a hydrologist at the Bureau of Land Management’s facility in Buffalo, Wyoming. ... His supervisor placed him on a performance improvement plan on June 17, 2009. ... The agency terminated the appellant’s appointment during his probationary period for unsatisfactory performance on August 28, 2009...DECISION |
| 06-14:.FED.CIR: .Hurst vs MSPB (VA) ... NO, I AM REALLY PERMANENT! ... I SERVED 1 year, 3 months, and 27 days ON A NOT TO EXCEED 1 YEAR TEMPORARY APPOINTMENT (THAT'S PERMANENT BABY) ...Mr. Hurst was employed as a Civil Engineering Tech-nician with the Department of Veterans Affairs (“DVA”) pursuant to a series of temporary appointments that ended on September 26, 2008. ... None of the appointments was for more than a year. Mr. Hurst applied for and was interviewed for a permanent position in 2008, but he was not selected for the appointment. Shortly thereafter, when Mr. Hurst’s temporary appointment was not re-newed, his employment was terminated. ..DECISION |
| 06-14:.MSPB CASE REPORT DATED JUNE 11, 2010..HERE |
| 06-11:.MSPB: .Henderson vs Treasury ... PROBATION ... WAS HER TERMINATION BIGOTED? ... The appellant filed an appeal with the Board, arguing that she did not have enough time to show her ability, she received inadequate training, her shortcomings were exaggerated, and the agency’s action was bigoted. ..DECISION |
| 06-11:.EEOC: .Gladden vs Govt Printing Officel ... WAS HE DISCRIMINATED AGAINST ON THE BASES OF RACE (AFRICAN-AMERICAN), AND AGE? ... He filed an EEO complaint for non-selection for two positions at GPO's facility in Washington, D.C. , namely for the positions of Technology Program Manager and Organizational Architect. ... Following a hearing, the EEOC Administrative Judge (AJ) determined that the agency articulated legitimate, nondiscriminatory reasons for not selecting complainant for either the TPM or the OA positions. ..Here He Appeals To Full EEOC:..DECISION |
| 06-11:.FLRA: .AFGE vs Lackland Air Force Base ... NEGOTIABILITY APPEAL ... HOW MANY ROOMS SHOULD A HOUSEKEEPER CLEAN PER SHIFT? ... This case is before the Federal Labor Relations Authority on a negotiability appeal filed AFGE. It concerns the negotiability of eight proposals. The proposals concern housekeepers who clean and maintain rooms at several lodging facilities at Lackland Air Force Base. The Union contends that the Agency previously assigned housekeepers to clean eighteen rooms during an eight-hour work day, but that the Agency now assigns them to clean “up to 32 rooms or more” during a seven-hour shift. ..DECISION |
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| 06-10:.MSPB: .SPECIAL COUNSEL vs PATTIE WARE ... HATCH ACT VIOLATIONS ... YOU MUST READ THIS DECISION ... WHAT YOU SHOULD NOT DO TO HELP ELECT BARACK OBAMA AND JOSEPH BIDEN ... She turned her Federal office into a virtual election office. She used Federal time, equipment, etc. Office of Special Counsel recommended that Pattie Ware be Removed. The MSPB regional director (RD) determined that a 60 day suspension was the appropriate penalty. ... Here OSC Appeals To MSPB Full Board To Sustain the Removal. ..DECISION |
| 06-10:.SPORT: .BLACKHAWK UP! BLACKHAWK UP! BLACKHAWK UP! GO CHICAGO! |
| 06-10:.VAOIG: .VA INSPECTOR GENERAL SAYS: VA VETERANS HEALTH ADMINISTRATION (VHA) FEE PROGRAM COULD BE PAYING BETWEEN $114 MILLION AND $380 MILLION ANNUALLY FOR FRAUDULENT CLAIMS. .. VA OIG REPORT |
| 06-10:.FLRA: .SHAMEFUL NEW FLRA PRACTICE EXPOSED ... FLRA NOW ISSUING SHAMEFULLY SHORT DECISIONS THAT HIDE THE FACTS ... IS THIS AN EXAMPLE OF THE NEW "O" OPEN GOVERNMENT? ... CONTINUED > .. |
| 06-09:.11TH.CIR: .J.BROWN vs HUNTSVILLE, AL ABUSER OR IMMUNITY? ... The police rolled up on Ms. Brown's car in front of Walmart. The police wrongly suspected her of selling drugs. ... The police office said "Get the "----" out of the car." ... Ms. Brown was shocked but managed to turn on her I-Phone to record the police officers' disrespectful behavior. ... The officer reached between Ms. Brown's legs to retrieve her I-Phone. ... When she opened her car door to get out as ordered by the officer, he slammed her to ground. ..Ms. Brown Wants Her Day In Court To Prove Abuse. | The Officers Wants Immunity From Prosecution. ..DECISION |
| 06-09:.EEOC:.KLEIN vs IRS ... DID HER IRS SUPERVISER (S1) SEXUALLY HARASS HER? ... During the relevant period, complainant worked as an Internal Revenue Agent. Complainant filed a formal EEO complaint alleging that the agency discriminated against her on the basis of sex (female) when her Group Manager (S1) subjected her to hostile work environment harassment. .. CONTINUED > .. |
| 06-09:.MSPB CASE REPORT DATED JUNE 4, 2010..HERE |
| 06-08:.FNR: .How to get more minorities, women to participate in TSP. ..HERE |
| 06-08:.MSPB: .EDGE vs POSTAL ... CONSTRUCTIVE SUSPENSION ... The appellant sustained an on-the-job injury that prevented her from returning to full-duty work. ... On September 26, 2008, the Postal Service offered the appellant a modified assignment, but the appellant rejected it because the agency changed the day of her scheduled day off. ... The Postal Service sent the appellant home that day and placed her on leave without pay status. ... On October 16, 2008, the appellant accepted a new modified assignment and returned to duty on October 17, 2008. ... More than 9 months after returning to work, the appellant filed a Board appeal, alleging that the Postal Service prevented her from returning to work from September 27 through October 16, 2008 ..Here She Appeals To Full MSPB: ..DECISION |
| 06-08:.FLRA: .AFGE vsHILL AIR FORCE BASE ... MAKES YOU WANT TO HOLLER: HE WON 3 HOURS OF COMP TIME IN A GRIEVANCE | NOW HE WANTS TO BE PAID ATTORNEY FEES. ARE YOU SERIOUS? (Attorney's Fees for 3 Hours Comp-Time?) The Arbitrator awarded the grievant three hours of compensatory time off but denied his request for an award of attorney fees. For the reasons that follow, we conclude that the basis for the denial of fees is deficient, and we remand the award to the parties for resubmission to the Arbitrator, absent settlement, for a resolution of the attorney-fee request. ..DECISION |
| 06-07:.TECH NEWS: .GOV COMPUTER NEWS...-...BETANEWS...-...ENGADGET |
| 06-04:.OPM: .OPM NEWS THIS WEEK: (1) Gay This ... (2) Gay That ... (3) Gay The Other |
| 06-04:.EEOC: .Louie vs IRS ... DID IRS SUBJECT HIM TO HOSTILE WORK ENVIRONMENT WHEN: ..1. he was required him to check-in/check-out every time he conducted union business; 2. he was placed on absent without leave (AWOL) for failing to check-in/check-out; 3. his designated representative, was denied official time; 4. management interfered with a conversation he had, while on break, 5. he was put on leave without pay; and 6. his access to IRS internet was removed...Here He Appeals To Full EEOC: ..DECISION |
| 06-04:.MSPB: .Mock Jundt vs VA ... DOSEN'T THIS DECISION SOUND SCHIZOID? (1)For the reasons discussed below, we find that the petition does not meet the criteria for review, and we therefore DENY it. (2) We REOPEN this case on our own motion ... AFFIRM the initial decision insofar as it found that the Board lacks jurisdiction over a direct appeal of the appellant’s termination during her probationary period, (3) AFFIRM the initial decision insofar as it found that the appellant had prematurely filed her IRA appeal, and (4) FORWARD the appellant’s now ripe IRA appeal to the regional office for further adjudication...DECISION |
| 06-04:.TECH NEWS: .GOV COMPUTER NEWS...-...BETANEWS...-...ENGADGET |
| 06-03:.INTERIOR:.MINERALS MANAGEMENT SERVICE .IG REPORT ..AND.. VIDEO |
| 06-03:.EEOC: .Trisch vs Postal ... DID POSTAL DISCRIMINATE AGAINST HER ON THE BASIS OF HER "STRESS" DISABILITY ? IS STRESS A DISABILITY? ... During the relevant period, complainant worked as the Postmaster at the agency's post office in Branford, Florida. Complainant filed a formal EEO complaint alleging that the agency discriminated against her on the basis of disability (stress) when management disclosed her confidential medical information unnecessarily and, after she returned from extended sick leave, subjected her to hostile work environment harassment...Here She Appeals To Full EEOC: ..DECISION |
| 06-03:.FLRA: .AFGE vs AIRFORCE ... AFGE WANTS CIVILIAN AIRFORCE TECHNICIANS TO WEAR "DOD" (NOT AIRFORCE) INSIGNIA. Specifically, the proposal would remove military rank insignia from the uniform. ... In addition, the proposal would replace tape -- or a patch, for flight suits -- that currently reads “Air Force[,]” with tape or a patch reading “DoD Civilian. ..DECISION |
| 06-03:.MSPB: .WASTE OF TAXPAYER MONEY ... OPM LOSES AN APPEAL DUE TO INCOMPETENCE ... NOW THEY ARE GOING TO PAY DISABILITY RETIREMENT TO AN UNDESERVING PERSON FOR THE NEXT SIXTY (60) YEARS. WAY TO GO "O" If any agency should be aware of the importance of timeliness, OPM should. ..DECISION |
| 06-02:.MSPB: .THE MISGUIDED, ACTIVIST, UNION LOVING MSPB FULL BOARD HAS OPENED A CAN OF WHOOP TUSH ON DEPARTMENT OF VETERAN AFFAIRS!!! THEY SLAMMED THE VA FOR THREE (3) CASES IN A ROW: .. CONTINUED > |
| 06-01:.FACTOID: .MALE CHAUVINISM COSTS BILLIONS: ..British Petroleum needs Female Engineers! |
| 06-01:.MSPB CASE REPORT DATED MAY 28, 2010..HERE |
| 06-01:.FACTOID: .BP IS BRITISH PETROLEUM. a British global energy company that is also the third largest global energy company and the 4th largest company in the world. ... WIKI |
| 07-06:.1ST.CIR:
.Berrios
vs Turismo ... THE GOOD, THE BAD, THE
APPEAL ...
THE GOOD: THE BAD: THE APPEAL: The
jury awarded Mercado-Berrios $113,000 for lost income and benefits, Footnote
$100,000 for pain and suffering, and $1,000,000 in punitive damages. The
district court denied Cancel-Alegría's motions for judgment as a
matter of law and her motion for a new trial and/or remittitur. This appeal
followed.
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