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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.

Passman & Kaplan Associate to Moderate Panel on Developments at the U.S. Office of Special Counsel (OSC)

Passman & Kaplan Associate Andrew J. Perlmutter will moderate an upcoming panel discussion with staff from the U.S. Office of Special Counsel, scheduled to occur on November 3, 2011. The discussion, "Latest Federal Developments at the Office of Special Counsel", is sponsored by the ABA Section on Administrative Law and Regulatory Practice, Government Personnel Committee. 

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