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September 2011 Archives

Developments at the MSPB: Settlements Easier to Enforce

Developments at the MSPB:  The MSPB's recent decision, Kitt v. U.S. Navy, 2011 MSPB 82 (September 2, 2011), granting a petition to enforce a settlement agreement, expressly overruled a twenty-year-old decision which had made it difficult to enforce an arguably imprecise settlement agreement.This decision represents a common-sense approach to the interpretation of settlement agreements.

MSPB Report: Employee Perceptions of Prohibited Personnel Practices At a Low

Developments at the MSPB:  In a report entitled, Prohibited Personnel Practices: Employee Perceptions, the MSPB detailed the state of prohibited personnel practices (PPPs) in the Federal workplace.  The report was the culmination of a series of merit principles surveys conducted by the MSPB between 1992 and 2010.  The list of PPPs is found at 5 U.S.C. § 2302(b), and specifically prohibits agency officials from: 1) discriminating; 2)considering improper recommendations; 3) coercing political activity; 4) obstructing competition or encouraging a candidate to withdraw from competition; 5) granting a preference not authorized by law; 6) engaging in nepotism; 7) retaliating for whistleblowing or the exercise of a grievance or appeal right; 8) knowingly violating the preference rights of a veteran; or 9) engaging in other actions that would violate a law, rule, or regulation that implements the merit systems principles.


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