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September 2015 Archives

Developments at the OSC: FY2014 Annual Report Analyzed

Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2014.

Developments at the MSPB: New Analysis for Mixed Cases

Developments at the MSPB:  In a recent decision, Savage v. Department of the Army, 122 M.S.P.R. 612 (2015), the Merit Systems Protection Board (MSPB) revised how it analyzes discrimination claims in federal sector mixed cases.  

Developments at the MSPB: More Protections for Union Activities

Developments at the MSPB:  On August 21, 2015, the Merit Systems Protection Board (MSPB) issued its decision in Alarid v. Dept. of the Army, 2015 MSPB 50.  The MSPB reversed its administrative judge, finding a failure to explain below Mr. Alarid's burdens for proving his affirmative defenses.  The MSPB also explained its standards for analyzing new protections for certain union activity deriving from the Whistleblower Protection Enhancement Act of 2012 (WPEA), as previously analyzed in this blog

News from the Courts: 5th Circuit Whistleblower Decision

News from the Courts: On August 24, 2015, the U.S. Court of Appeals for the 5th Circuit issued its decision in Aviles v. Merit Systems Protection Board, No. 14-60645.  Although it ultimately found against the employee, the 5th Circuit rejected several points of Federal Circuit whistleblower reprisal caselaw in the process.

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