Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Posts tagged "adverse actions"

News from the Federal Circuit: 'Sensitive' Employees' MSPB Rights Cut

News from the Federal Circuit:  On August 20, 2013, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in Kaplan v. Conyers and MSPB, Case No. 2011-3207.  Passman & Kaplan previously analyzed Conyers in this blog and in its Federal Legal Corner. 

News from the Federal Circuit: Mixed Case Procedure Muddied!

News from the Federal Circuit:  On April 18, 2013, a panel of the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Conforto v. Merit Systems Protection Board, Case No. 2012-3119.  Conforto is one of the first Federal Circuit decisions applying the Supreme Court's unanimous decision in Kloeckner v. Solis (previously analyzed in detail in this blog). Kloeckner had directed that all mixed cases appealed from the Merit Systems Protection Board (MSPB) were to be filed solely in a  federal district court and not with the Federal Circuit appellate court.  In an apparent rejection of the Supreme Court's Kloeckner framework, the Federal Circuit panel excluded a category of mixed cases from the Kloeckner framework  --  those where the Board finds it has no jurisdiction  --  and declared that appeals from MSPB in those cases should be filed in the Federal Circuit.

Developments at the MSPB: Refused Reassignment Removal Reversed

Developments at the MSPB: On April 3, 2013, the Merit Systems Protection Board (MSPB) issued a precedential decision which completely rewrites the caselaw for deciding removals based on failure to accept a management directed reassignment. In Miller v. Dept. of the Interior, 2013 MSPB 27, the MSPB reversed the removal of Ms. Miller and reinstated her to duty.

Developments at the MSPB: Second MSPB Amicus Opportunity on WPEA

Developments at the MSPB: On March 20, 2013, the Merit Systems Protection Board (MSPB) published a notice in the Federal Register announcing an opportunity for interested parties to file amicus briefs in King v. Dept. of the Air Force. In King, the MSPB will decide whether the compensatory damages provisions of Whistleblower Protection Enhancement Act of 2012 (WPEA) apply retroactively.

Developments at the MSPB: NELA Amicus Brief in Whistleblower Case

Developments at the MSPB:  On February 28, 2013, the National Employment Lawyers Association (NELA) filed an amicus brief urging the Merit Systems Protection Board (MSPB) to give retroactive effect to provisions of the Whistleblower Protection Enhancement Act (WPEA) in Day v. Dept. of Homeland Security, MSPB Docket No. DC-1221-12-0528-W-1.  The Day case was previously discussed in this blog here.

Developments at the MSPB: Amicus Opportunity in Whistleblower Case

Developments at the MSPB:  On February 8, 2013, the Merit Systems Protection Board (MSPB) published a notice announcing an opportunity for interested parties to file amicus briefs in  Day v. Department of Homeland Security.  In Day, the MSPB will decide whether the Whistleblower Protection Enhancement Act of 2012 (WPEA) applies retroactively. 

Developments at the MSPB: MSPB Releases FY 2012 Annual Report

Developments at the MSPB:  On January 31, 2012, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2012.  The report reflects a substantial decrease in new appeal filings at the MSPB, and several significant changes in the overall mix of cases heard by the MSPB as compared to prior years.

News from the Federal Circuit: Sensitive Position Case Rehearing

News from the Federal Circuit:  On January 24, 2013, the U.S. Court of Appeals for the Federal Circuit vacated the August 17, 2012, decision of a three-judge panel of the Court in  Berry, Director, Office of Personnel Management v. Conyers, Northover and Merit Systems Protection Board, Case No. 2011-3207, and agreed to rehear the case before the entire Court (rehearing en banc). The issue is whether the Merit Systems Protection Board has jurisdiction over removal cases where the employee was removed for failure to remain eligible for a "critical sensitive" or "non-critical sensitive" position.

News from the Whitehouse: President Signs Hatch Act Amendments

News from the Whitehouse: On December 28, 2012, President Obama signed into law amendments to the Hatch Act. The Hatch Act Modernization Act of 2012, S.2170, makes several changes to the Hatch Act which affect its disciplinary provisions and the scope of employees covered by the Hatch Act. According to Senate Report 112-211, these amendments were supported by Special Counsel Carolyn Lerner.

News from Congress: Congress Passes Hatch Act Amendments

News from Congress: On December 19, 2012, the House approved amendments to the Hatch Act which were previously passed by the Senate. The Hatch Act Modernization Act of 2012, S.2170, makes several changes to the Hatch Act which affect its disciplinary provisions and the scope of employees covered by the Hatch Act. According to Senate Report 112-211, these amendments were supported by Special Counsel Carolyn Lerner. S.2170 now goes to President Obama for his signature.

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