This week Peter Broida discusses five cases:
MSPB
- Prato-Easterling v. OPM, AT-844E-13-0352-I-1 (Nonprecedential July 7, 2014): settlements implying retirement eligibility do not control if medical evidence does not demonstrate the required degree of disability.
- Garay v. Dept. of Air Force, DA-0351-13-0043-I-1 (Nonprecedential July 11, 2014): a substantive error in the application of RIF procedures will result in reversal of the RIF; the harmful error rule is inapplicable.
- Archerda v. Dept. of Defense, 2014 MSPB 49 (Precedential July 11, 2014): describes the ability of an agency to require an employee to provide medical information pertaining to his fitness to occupy a position with medical standards.
FLRA
- DHS, ICE & AFGE Council 118, 67 FLRA 501 (2014): considers, in the context of review of an arbitrator's award, the degree of bargaining discretion as to agency IT determinations made under the Federal Information Security Management Act.
- Dept. of Air Force, Sheppard AFB and AFGE Local 779, 67 FLRA 509 (2014): evaluating the proper and improper procedures for effecting a post-complaint settlement of a ULP case.
