This week Peter Broida discusses five cases from the MSPB:
- Gallegos v. Dept. of Air Force, 2014 MSPB 53 (Precedential July 17, 2014) - The Board defines the conditions under which employees can be removed when they do not accept reassignments based on mobility agreements constituting conditions of employment.
- Stockton v. Dept. of Interior, SF-0752-13-0434-I-1 (NP July 18, 2014): some considerations about practitioners' informal adjustment of deadlines for discovery responses.
- Richard v. USPS, DE-0752-12-0398-I-1 (NP July 14, 2014): the Board applies a novel application of past discipline.
- Gomez v. Dept. of Agriculture, DE-1221-13-0021-W-1 (NP July 14, 2014): a personnel action, for purposes of whistleblower jurisdiction in an IRA case, does not include negative statements about an appellant without some impact on the appellant's continuing employment or employability.
- Erickson v. USPS, ___F.3d___ (Fed. Cir. 2014 Precedential): on review of an application for counsel fees, the court decides that the Back Pay Act does not apply to Postal Service employees, with implications on Postal Service employees' appeals that will have to be decided in the future by the MSPB.
