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The Dewey Publications PodcastMarch 31st, 2025Topics discussed this week by Peter Broida Executive Order invoking statutory national security exclusion to undercut federal sector contract and statutory LR protections.Peter Broida's webinar on RIFs: https://www.youtube.com/watch?v=03-UU34CGLkBuy Dewey books: deweypub.com - Reductions In Force, by Renn Fowler2025-03-3138 minThe Dewey Publications PodcastJanuary 21st, 2025Topics:FLRA Member’s comments on arbitration practice; Peter Broida’s comments on executive orders from President Trump affecting federal sector personnel law; Buy Dewey books at deweypub.com2025-01-2223 minThe Dewey Publications PodcastDecember 9th, 2024Topics discussed this week by Peter Broida:Peter Broida speculates on future events affecting civil service practitionersBuy Dewey books at deweypub.com2024-12-0922 minThe Dewey Publications PodcastOctober 28th, 2024Topics discussed this week by Peter Broida:MSPB regulatory changes of September 9, 2024 (89 FR 72957)Buy Dewey books at deweypub.com2024-10-2830 minThe Dewey Publications PodcastOctober 15th, 2024Topics discussed this week by Peter Broida:Bureau of Prisons, FCI Ashland and AFGE Local 1286, 74 FLRA 13 (Sept. 4, 2024) (Back Pay Act; exceptions);Parkinson v. DOJ, SF-0752-13-0032X-1 (Sept. 5, 2024) (enforcement proceedings);Kemp v. Dept. of Army, DA-1221-23-0434-W-1 (Sept. 20, 2024) (holiday work)2024-10-1519 minThe Dewey Publications PodcastAugust 25th, 2024Topics discussed this week by Peter Broida:Nishimura v. Dept. of Navy SF-0752-20-0282-I-1 (Aug. 13, 2024) (constructive suspensions);Hagg v. Bureau of Prisons (Fed. Cir. 2023-1071 NP Aug. 16, 2023) (review of arbitration awards);Buy Dewey books at deweypub.com2024-08-2624 minThe Dewey Publications PodcastJuly 18th, 2024Topics discussed this week by Peter Broida:FLRA training availability;Pershing VAMC and AFGE Local 2338, 73 FLRA 904 (July 15, 2024) (failure to respond to FLRA show cause orders);Siefring v. DOJ, CH-0752-20-0509-I-1 (NP July 9, 2024) (burdens of proof for EEO and associated reprisal defenses);Cadena v. DHS, DE-0432-19-0321-I-1 (NP July 15, 2024) (post-Santos Chapter 43 requirements)2024-07-1825 minThe Dewey Publications PodcastJune 17th, 2024Topics discussed this week by Peter Broida:Rumination of Peter Broida on MSPB case processing2024-06-1720 minThe Dewey Publications PodcastMay 15th, 2024Topics discussed this week by Peter Broida:Nelson v. DHS, AT-1221-22-0186-W-1 (4/5/2024) (NP) (IRA treatment of EEO allegations made to OIG or internal agency investigative units)Gilewicz v. DHS, 2024 MSPB 7 (4/9/2024) (standards for assessing compensatory damages in whistleblower cases)Paulus v. Dept. of Labor, PH-0432-19-0432-I-2 (4/10/2024) (NP) (demonstrating pre-PIP unsatisfactory performance under Santos)Buy Dewey books at deweypub.com2024-05-1522 minThe Dewey Publications PodcastMarch 27th, 2024Topics discussed this week by Peter Broida:Talley v. NRC, DC-3443-22-0447-I-1 (3/22/2024) (NP) (adverse action jurisdiction and locality pay)Cledera v. DOJ, DA-0752-21-0013-I-3 (3/25/2024) (NP) (due process; ex-parte information)Flannigan v. Dept. of Air Force, DC-0752-13-0367-I-4 (3/11/2024) (NP) (expert testimony; Daubert)Bureau of Prisons, FCC Victorville and AFGE Local 3369, 73 FLRA No. 164 (3/22/2024) (overtime and continuing violations)2024-03-2722 minThe Dewey Publications PodcastJanuary 15th, 2024Topics discussed this week by Peter Broida:New MSPB e-appeal system.Wriglesworth v. Dept. of Army, DC-0752-15-0860-1-2 (1/9/ 2024) (NP) (discovery and motions to compel)Luna v. DHS, 2024 MSPB 2 (1/10/2024) (misconduct investigations and immunity for criminally inculpatory information)Kelly v. TVA, 2024 MSPB 1 (1/5/2024) (adjustment of counsel fee hourly rates for delayed payment in mixed cases)Buy Dewey books at deweypub.com2024-01-1522 minThe Dewey Publications PodcastDecember 4th, 2023Topics discussed this week by Peter Broida:New MSPB e-appeal system.Trial of ChatGPT in our little area of the law.Buy Dewey books at deweypub.com2023-12-0419 minThe Dewey Publications PodcastOctober 12th, 2023Topics discussed this week by Peter Broida:Consumer Financial Protection Bureau and NTEU Chapter 335, 73 FLRA 670 (Sept. 26, 2023) (approach to use in applying excessive interference test when arbitration awards involving arrangements clauses are challenged as violating statutory management rights);Buy Dewey books at deweypub.com2023-10-1219 minThe Dewey Publications PodcastSeptember 12th, 2023Topics discussed this week by Peter Broida:Troy v. Dept. of Army, AT-0752-21-0259-I-1 (8/4/2023) (NP) (Individual Reliability Program certification);Godby v. VA, CH-1221-21-0147-W-1 (8/14/2023) (NP) (IRA burden of proof: nonselection);ABA Formal Opinion 508 (8/5/2023) ("The Ethics of Witness Preparation");Buy Dewey books at deweypub.com2023-09-1216 minThe Dewey Publications PodcastAugust 2nd, 2023Topics discussed this week by Peter Broida:McCray v. VA, CH-1221-16-0553-W-1 (7/27/2023) (NP) (hostile environment allegations in IRA appeal)Allen v. Dept. of Navy, DC-4324-16-0698-I-1 (7/20/2023) (NP) (counsel fees; prevailing party)Buy Dewey books at deweypub.com2023-08-0223 minThe Dewey Publications PodcastJune 19th, 2023Topics discussed this week by Peter Broida:AFGE Local 547 and Haley VA Hospital, 73 FLRA 581 (6/15/2023) (elections of remedies)Hanuschik v. Dept. of Army, SF-1221-16-0236-W-1 (6/15/2023) (NP) (hostile environment in IRA appeals)Buy Dewey books at deweypub.com2023-06-1920 minThe Dewey Publications PodcastMay 11th, 2023Topics discussed this week by Peter Broida:Ramirez v. Postal Service, SF-0752-18-0324-I-1 (NP May 5, 2023) (case suspensions);Buy Dewey books at deweypub.com2023-05-1119 minThe Dewey Publications PodcastMarch 7th, 2023Topics discussed this week by Peter Broida:Discussion of current events and operations at MSPB, FLRA, and OPM;Buy Dewey books at deweypub.com2023-03-0715 minThe Dewey Publications PodcastFebruary 10th, 2023Topics discussed this week by Peter Broida:FLRA decision on petition to amend rules on requests for policy and guidance. 73 FLRA 428 (2/9/2023)OPM memo of January 26, 2023, to agencies concerning bargaining unit exclusionsBuy Dewey books at deweypub.com2023-02-1020 minThe Dewey Publications PodcastDecember 23rd, 2022Topics discussed this week by Peter Broida:Doe v. Dept. of State, 2022 MSPB 38 (Nov. 29, 2022) (counsel fees);Haas v. DHS, 2022 MSPB 36 (Nov. 7, 2022) (medical inability to perform);AMC Redstone Arsenal and NFFE Local 1332, 73 FLRA 356 (Dec. 8, 2022) (interlocutory exceptions);Marine Corps, Twentynine Palms, and AFGE Local 2018, 73 FLRA 379 (Dec. 9, 2022) (temporary promotions);Buy Dewey books at deweypub.com2022-12-2315 minThe Dewey Publications PodcastNovember 3rd, 2022Topics discussed this week by Peter Broida:Doyle T. v. Air Force, EEOC 2022004281 (9/30/2022) (disability discrimination);Thomas v. Dept. of Army, 2022 MSPB 35 (10/20/2022) (inappropriate workplace conduct);Chin v. DOD, 2022 MSPB 34 (10/7/2022) (mitigation: dissent by Member Leavitt)Buy Dewey books at deweypub.com2022-11-0320 minThe Dewey Publications PodcastSeptember 30th, 2022Topics discussed this week by Peter Broida:Oram v. Dept. of Navy, 2022 MSPB 30 (Aug. 31, 2022) (VEOA);Johnson v. Dept. of Air Force, Fed. Cir. 2021-1579 (Sept. 26, 2022) (due process);Kotsis v. Dept. of Transportation, MSPB AT-0432-16-0006-I-1 (Aug. 9, 2022) (ADA)Buy Dewey books at deweypub.com2022-10-0312 min
The Rise Again PodcastEpisode 79 - Healing Adaptogens (NEW BOOK!) - Danielle Ryan Broida, RH (AHG)Danielle Ryan Broida, Registered Herbalist (AHG), the National Educator for Four Sigmatic, shares her new book Healing Adaptogens; The Definitive Guide To Using Super Herbs & Mushrooms for Your Body's Restoration, Defense, and Performance. (2022-09-0949 min
The Rise Again PodcastEpisode 79 - Healing Adaptogens (NEW BOOK!) - Danielle Ryan Broida, RH (AHG)Danielle Ryan Broida, Registered Herbalist (AHG), the National Educator for Four Sigmatic, shares her new book Healing Adaptogens; The Definitive Guide To Using Super Herbs & Mushrooms for Your Body's Restoration, Defense, and Performance. (2022-09-0949 minThe Dewey Publications PodcastAugust 31st, 2022Topics discussed this week by Peter Broida:NTEU v. FLRA (D.C. Cir. 20-1400 August 2, 2022) (reviewing FLRA Guidance);Bishop v. Dept. of Agric., 2022 MSPB 28 (August 18, 2022) (scope of IRA/EEO allegations)Buy Dewey books at deweypub.com2022-09-0117 minThe Dewey Publications PodcastJuly 31st, 2022Topics discussed this week by Peter Broida:AFGE Local 13 and Dept. of Army, Rock Island, Illinois, 73 FLRA 125 (July 21, 2022)Martin v. USPS, 2022 MSPB 22 (July 20, 2022)Collazo v. USPS, PH 3443-21-0263-I-1 (July 29, 2022)Buy Dewey books at deweypub.com2022-08-0119 minThe Dewey Publications PodcastJune 7th, 2022Topic discussed this week by Peter Broida:Comparators: Where are we going?Singh v. USPS, 2022 MSPB 15 (May 31, 2022)Buy Dewey books at deweypub.com2022-06-0708 minThe Dewey Publications PodcastMay 19th, 2022Topic discussed this week by Peter Broida:Lee v. VA, 2022 MSPB 11 (5/12/2022)Edwards v. Dept. of Labor, 2022 MSPB 9 (5/5/2022)Newly-confirmed Member at FLRABuy Dewey books at deweypub.com2022-05-1918 minThe Dewey Publications PodcastApril 11th, 2022Topic discussed this week by Peter Broida:State of the BoardRossbach v. Dept. of Interior, DC-315I-14-0066-B-1 (3/30/22)Shibuya v. Dept. of Agriculture, DE-1221-09-0295-B-1 (3/31/22)Buy Dewey books at deweypub.com2022-04-1118 minThe Dewey Publications PodcastFebruary 28th, 2022Topic discussed this week by Peter Broida:Permissive Bargaining and President Biden’s Executive OrderBuy Dewey books at deweypub.com2022-02-2825 minThe Dewey Publications PodcastJanuary 24th, 2022Topics discussed this week by Peter Broida:AFGE Local 3369 and SSA, 72 FLRA 619 (Jan. 14, 2022) (exceptions jurisdiction: matters collateral to removals)DOJ Executive Office for Immigration Review and Nat'l. Ass'n. of Immigration Judges, IFPTE, 72 FLRA 622 (Jan 21, 2022) (management/unit status of Immigration Judges)Smolinski v. MSPB (Fed. Cir. 2021-1751 Jan. 19, 2022) (whistleblower hostile environment allegations; remedial exhaustion)Gessel v. MSPB (Fed. Cir. 2021-1815 Jan. 19, 2022 NP) (whistleblower hostile environment allegations; co-worker interaction)Buy Dewey books at deweypub.com2022-01-2427 minThe Dewey Publications PodcastDecember 27th, 2021Topics discussed this week by Peter Broida:Executive Order 14025 (April 26, 2021) and OPM Guidance ("Worker Organizing and Empowerment")Restrictions on bargaining: zipper clauses, the "covered by" doctrine, and waivers during negotiationsBuy Dewey books at deweypub.com2021-12-2726 minThe Dewey Publications PodcastNovember 22nd, 2021Topics discussed this week by Peter Broida:Knapp v. MSPB (Fed. Cir. 2020-2122 Nov. 17, 2021 NP) (IRA jurisdiction on matters related to clearance suspension)Alvarez v. Azar (D.MD. CA CCB-20-2626 Sept. 23, 2021) (attempt to prevent HHS from lodging objections to authority of MSPB AJs to adjudicate appeals)Davis v. MSPB (ED Ill. No. 20-cv-2139 Nov. 9, 2020) (attempt to prevent MSPB AJs from granting HHS motions to DWOP appeals pending resolution of authority of MSPB AJs to adjudicate appeals)Buy Dewey books at deweypub.com2021-11-2211 minThe Dewey Publications PodcastOctober 28th, 2021Topics discussed this week by Peter Broida:Potter v. VA (Fed. Cir. 2021-1460) (October 25, 2021) (IRA factual and contributing factor (Cat's Paw) analysis).Buy Dewey books at deweypub.com2021-10-2815 minThe Dewey Publications PodcastSeptember 22nd, 2021Topics discussed this week by Peter Broida:DHUD and AFGE Local 3972, 72 FLRA 450 (August 27, 2021) (jurisdictional defect in arbitration: union's failure to provide management a contractually-required notice of intent to invoke arbitration);Marine Corps Air Ground Combat Center and AFGE Local 2018, 72 FLRA 473 (September 15, 2021) (jurisdictional defect in arbitration: untimely grievance and arbitration request);DHS, C&BP and AFGE Local 3307, 72 FLRA 463 (September 8, 2021) (arbitration: counsel fee award set aside as contrary to law under several Allen factors).Buy Dewey books at deweypub.com2021-09-2223 minThe Dewey Publications PodcastAugust 26th, 2021Topics discussed this week by Peter Broida:The "clear and convincing" evidentiary standard and judicial interpretation: Insurance Co. v. Nelson, 103 U.S. 544 (1880); Helvering v. Fitch, 309 U.S. 149 (1940); Allentown Mack Sales & Serv. v. NLRB, 522 U.S. 359 (1998); Addington v. Texas, 441 U.S. 418, 425 (1979); California ex rel. Cooper v. Mitchell Brothers Santa Ana Theater, 454 U.S. 90, 93 (1981); Herman & MacLean v. Huddleston, 459 U.S. 375, 389 (1983); Colorado v. New Mexico, 467 U.S. 310 (1984).Buy Dewey books at deweypub.com2021-08-2621 minThe Dewey Publications PodcastJuly 19th, 2021Topics discussed this week by Peter Broida:Smith v. McDonough(Fed. Cir. 20-1354) (April 24, 2021) (valuation of counsel fee requests for case reviews)OPM Guidance on labor-management partnerships and pre-decisional involvement (May 18, 2021)Buy Dewey books at deweypub.com2021-07-1913 minThe Dewey Publications PodcastJune 24st, 2021One topic discussed this week by Peter Broida:United States v. Arthrex, Inc. (Supreme Court No. 19-1434) ( June 21, 2021);Buy Dewey books at deweypub.com2021-06-2413 minThe Dewey Publications PodcastMay 21st, 2021Topics discussed this week by Peter Broida:Beck v. Dept. of Navy (Fed. Cir. 2019-1205) (May 14, 2021) (USERRA; preselection);Buy Dewey books at deweypub.com2021-05-2212 minThe Dewey Publications PodcastMarch 16th, 2021Several items of interest are discussed this week by Peter Broida:NLRB and NLRBU, 72 FLRA 133 (March 14, 2021) (jurisdiction of arbitrator to review agency decision on debt collection);Santos v. NASA (Fed. Cir. 2019-2345) (proof of unacceptable performance before institution of a PIP);OPM Guidance to Agency Heads for Implementation of Executive Order 14,003 (March 5, 2021)Buy Dewey books at deweypub.com2021-03-1623 minThe Dewey Publications PodcastFebruary 25th, 2021Several items of interest are discussed this week by Peter Broida:Executive Order 14003 (Jan. 22, 2021), revoking Trump Executive Orders and Schedule F;Holmes v. USPS (Fed. Cir. 2019-1973 Feb. 8, 2021) (significance of arbitration awards in MSPB analysis of disparate penalties);Huang v. DHS (9th Cir. 20-70242 Jan. 15, 2021 NP) (lack of whistleblower protection for inappropriate comments to supervisor)Buy Dewey books at deweypub.com2021-02-2523 minThe Dewey Publications PodcastJanuary 18th, 2021Several items of interest are discussed this week by Peter Broida:POPA and PTO, 71 FLRA 1223 (Dec. 23, 2020) (Effect of EO 13837 on negotiability of official time and allowances, subjects of bargaining);DOJ Bureau of Prisons and AFGE Local 3690, 71 FLRA 1247 (Dec. 29, 2020) (official time and the "carve out" doctrine);DHS C&BP and AFGE Local 1929, 72 FLRA 3 (2021) (bargaining obligations: conditions of employment and working conditions)2021-01-1816 minThe Dewey Publications PodcastNovember 27th, 2020Several items of interest are discussed this week by Peter Broida:DOJ, Executive Office of Immigration Review and Nat’l. Ass’n. of Immigration Judges, 71 FLRA 1046 (2020) (Nov. 2, 2020) (unit [management] status of judges)Hessami v. MSPB (Fed. Cir. 2019-2291 Nov. 9, 2020) (analysis required by MSPB for nonfrivolous IRA allegations)2020-11-2716 minThe Dewey Publications PodcastOctober 26th, 2020Several items of interest are discussed this week by Peter Broida:Dept. of Agriculture, OGC (Statement of Policy & Guidance, 71 FLRA 986 (Sept. 30, 2020) (effect of rollover, renegotiation, or continuation of contracts on government-wide or agency regulations blocked by existing contract)Dept. of Education, (Statement of Policy and Guidance, 71 FLRA 968 (Sept. 30, 2020) (threshold level of changes in employment conditions required to trigger bargaining obligation);OPM regulations of October 16, 2020 (adverse and performance-based actions and settlements)Executive Order of October 21, 2020, creating Schedule F in the Excepted Service2020-10-2628 minThe Dewey Publications PodcastSeptember 9th, 2020Several items of interest are discussed this week by Peter Broida:Jenkins v. DOT (Fed. Cir. 2019-2075 August 6, 2020 NP) (off-duty speech and nexus);National Right to Work Legal Defense Foundation, Inc., 71 FLRA 923 (August 19, 2020) (official time of union officials for lobbying);Dept. Of Agric., OGC and AFGE Local 1106, 71 FLRA 910 (August 12, 2020) (stays of FSIP orders);Aviles-Wynkoop v. DOD (Fed. Cir. 2019-1908 Sept. 2, 2020 NP) (adverse action due process; evidence admissible before MSPB)2020-09-0923 minThe Dewey Publications PodcastAugust 6th, 2020Several items of interest are discussed this week by Peter Broida:Kent v. MSPB (Fed. Cir. August 5, 2020 NP) (probationary appointments; reappointment authority); Jenkins v. DOT (Fed. Cir. August 6, 2020) (nexus and off-duty conduct impacting the workplace); NWSEO v. FLRA(D.C. Cir. July 31, 2020) (scope of FLRA review of arbitrator’s contract interpretation); MSPB virtual hearing procedures2020-08-0620 minThe Dewey Publications PodcastJuly 14th, 2020Several items of interest are discussed this week by Peter Broida:AFGE Local 3430 and DHHS, NIOSH, 71 FLRA 881 (July 13, 2020) (proper support for positions taken in negotiability appeal); AFGE Local 1929 v. FLRA (D.C. Cir. 19-1069 June 9, 2020) (conditions of employment and working conditions)Young v. MSPB (Fed. Cir. 2019-2269 June 11, 2020) (IRA does not include EEO reprisal)Cerulli v. DOD (Fed. Cir. 2019-2022 June 9, 2020) (IRA does include a fitness exam)2020-07-1415 minThe Dewey Publications PodcastJune 3rd, 2020Several items of interest are discussed this week by Peter Broida:Wine v. MSPB (Fed. Cir. May 21, 2020 NP) (Special Counsel as IRA respondent)Air Force, Warner Robins AFB and AFGE Local 987, 71 FLRA 758 (2020) (election of remedies: EEO/grievance)VA Gulf Coast Healthcare System and AFGE Local 1045, 71 FLRA 752 (2020) (whether an arbitrator’s email is an award subject to exceptions to FLRA)2020-06-0321 minThe Dewey Publications PodcastApril 13th, 2020Several items of interest are discussed this week by Peter Broida:Sayers v. VA (Fed. Cir. 2018-2915) (March 31, 2020) (retroactivity of 2017 statute governing evaluation by MSPB of VA misconduct adverse actions);Noffke v. Dept. Defense (Fed. Cir. 2019-2193 NP) (April 8, 2020) (use of swipe records in AWOL cases; hearsay value of OIG reports);SBA v. AFGE Local 288, 71 FLRA 655 (April 2, 2020) (application of Bolling standards to grievances challenging disciplinary actions);SSA v. Ass’n. ALJs, IFPTE, 71 FLRA 652 (March 31, 2020) (jurisdiction of FLRA to stay FSIP proceeding);Sistek v. VA (Fed. Cir. 2019-1168) (April 8, 2020) (retaliatory investigation claimed as covered IRA personnel action);Babb v. Wi...2020-04-1330 min
The Rise Again PodcastBoosting Your Immune System, Skincare, & Connection - Danielle Broida - Episode 41Danielle Broida comes back onto The Rise Again Podcast for episode 2.0, and this time we speak about a few different topics. We touch on immune health with the current pandemic and what you can do to to naturally boost your immune system with chaga mushroom elixir. We also go into what is so critical to consider when you choose skin care products and why the stuff you put on your skin, it should be clean enough you should be able to eat it and the amazing new products that Four Sigmatic has that are tasty and nutritious to be...2020-03-241h 04The Rise Again PodcastBoosting Your Immune System, Skincare, & Connection - Danielle Broida - Episode 41Danielle Broida comes back onto The Rise Again Podcast for episode 2.0, and this time we speak about a few different topics. We touch on immune health with the current pandemic and what you can do to to naturally boost your immune system with chaga mushroom elixir. We also go into what is so critical to consider when you choose skin care products and why the stuff you put on your skin, it should be clean enough you should be able to eat it and the amazing new products that Four Sigmatic has that are tasty and nutritious to be...2020-03-241h 04The Dewey Publications PodcastFebruary 21st, 2020Several items of interest are discussed this week by Peter Broida:Dept. of Justice, Bureau of Prisons and AFGE Local 614, 71 FLRA 538 (1/3/2020) (interference: barring union counsel from worksite)Sanchez v. VA (Fed. Cir. 2018-2171) (2/10/2020) (duration of condition of settlement when no time limitation is stated)VA and AFGE Local 2338, 71 FLRA 533 (1/29/2020) (exceptions jurisdiction: claimed coerced retirement)2020-02-2113 minThe Rise Again PodcastMedicinal Mushrooms Will Change Your Life - Danielle Broida RH, AHG - Episode 36Danielle Broida is a truly herbal medicine guru and hero. She is on a quest to teach the world about medicinal mushrooms, not magic mushrooms, or culinary mushrooms, but medicinal mushrooms. An adaptogen is a substance that helps the body adapt to stress. In this episode we talk about herbs, mushrooms and why sleep and stress are such important factors in health and how mushrooms can mediate your health at this level. We also talk about the role of mushrooms such as Chaga and Reishi in being adaptogens, helping people regulate and reset their health when used i...2020-02-181h 03
The Rise Again PodcastMedicinal Mushrooms Will Change Your Life - Danielle Broida RH, AHG - Episode 36Danielle Broida is a truly herbal medicine guru and hero. She is on a quest to teach the world about medicinal mushrooms, not magic mushrooms, or culinary mushrooms, but medicinal mushrooms. An adaptogen is a substance that helps the body adapt to stress. In this episode we talk about herbs, mushrooms and why sleep and stress are such important factors in health and how mushrooms can mediate your health at this level. We also talk about the role of mushrooms such as Chaga and Reishi in being adaptogens, helping people regulate and reset their health when used i...2020-02-181h 03The Dewey Publications PodcastJanuary 15th, 2020Several items of interest are discussed this week by Peter Broida:FLRA determinations on Requests for Statements of Policy and GuidanceHolland v. MSPB (Fed. Cir. 2019-1388 NP) (Jan. 6, 2020) (constructive suitability appeals)Arthrex, Inc. V. Smith & Nephew, Inc. (Fed. Cir. 2018-2140) (Oct. 31, 2019) (validity of appointments of Administrative Patent Judges)2020-01-1522 minThe Dewey Publications PodcastDecember 11th, 2019Several items of interest are discussed this week by Peter Broida:Army Corps of Engineers, Little Rock and IBEW Local 2219, 71 FLRA 451 (Dec. 4, 2019) (unit definitions; reorganizations);Annalee D. v. Murphy (GSA), EEOC Recon. 0120170991 (Nov. 27, 2019) (involvement of agency counsel in EEO counseling and investigative processes)2019-12-1112 minThe Dewey Publications PodcastNovember 25th, 2019Several items of interest are discussed this week by Peter Broida:McGuffin v. SSA (Fed. Cir. 2017-2433) (Nov. 7, 2019) (USERRA discrimination: trial period termination)AFGE Local 3310 and Dept. Of Army, Corps of Engineers, 71 FLRA 395 (Nov. 7, 2019) (FLSA; good faith; liquidated damages)Dept. of Treasury, IRS and NTEU, 71 FLRA 400 (Nov. 13, 2019) (arbitration: counsel fees)Dept. of Treasury, IRS and NTEU Local 299, 71 FLRA 387 (Nov. 4, 2019) (arbitration: remedial authority concerning performance ratings)Presidential Memo: Delegation of Removal Authority Over FSIP (Nov. 12, 2019)2019-11-2520 minThe Dewey Publications PodcastOctober 16th, 2019Several items of interest are discussed this week by Peter Broida:Dept. of Army Medical Activity Ft. Meade and AFGE Local 1923, 71 FLRA 368 (Oct. 10, 2019) (accretion of duties)Presidential Memorandum of October 11, 2019, on Executive OrdersOPM Proposed Rules Involving Executive OrdersSSA and AFGE Local 3627, 71 FLRA 355 (Sept. 30, 2019) (remedial authority of arbitrators)2019-10-1622 minThe Dewey Publications PodcastSeptember 17th, 2019Several items of interest are discussed this week by Peter Broida:Feuer v. NLRB (Fed. Cir. 2019-1390) (Sept. 13, 2019)Mount v. DHS (1st Cir. 18-1762) (Aug. 29, 2019)Tang v. MSPB (Fed. Cir. 18-2188) (Sept. 13, 2019) (oral argument) [search on 2018-2188.mp3]2019-09-1722 minThe Dewey Publications PodcastAugust 20th, 2019Several items of interest are discussed this week by Peter Broida:Export-Import Bank and AFGE, 71 FLRA 248 (2019) (definition of professional employee; election requirements when through unit clarification proceeding employees entering the unit exceed 50% of the total unit)Smith v. GSA, (Fed. Cir. 2018-1604) (July 19, 2019) (remand: application of clear and convincing evidentiary standard and Carr factors)2019-08-2018 minThe Dewey Publications PodcastJuly 15th, 2019Several items of interest are discussed this week by Peter Broida:AFGE Local 1633 and VA DeBakey Medical Center, 71 FLRA 211 (July 10, 2019) (attorney fee standards for grievances resulting in payment of benefits, e.g., environmental differential pay)AFGE Local 2076 and DHS, CIS, 71 FLRA 221 (July 10, 2019) (attorney fee standards for grievances resulting in mitigation of minor disciplinary suspensions)DL et al. v. District of Columbia, 924 F.3d 585 (2019) (application of Laffey Matrix)2019-07-1518 minThe Dewey Publications PodcastJune 14th, 2019Several items of interest are discussed this week by Peter Broida:Borza v. Dept. Commerce, (Fed. Cir. 2018-1873) (nonprecedential) (May 29, 2019) (arbitration: time-served suspensions)SSA OHA and IFPTE AALJs, 71 FLRA 123 (May 16, 2019) (election of remedies: EEO grievance)DHS C&BP and AFGE Border Patrol Council, 71 FLRA 119 (May 15, 2019) (arbitration: official time justification)2019-06-1417 minThe Dewey Publications PodcastApril 24th, 2019Several items of interest are discussed this week by Peter Broida:Lucia v. SEC (Supreme Court June 2018), and its application to the MSPBHiller v. DHS, (Fed. Cir. 2018-1244) (nonprecedential) (April 22, 2019) (MSPB prehearing submissions and witness statements)DHS, C&BP and National Border Patrol Council, 71 FLRA 106 (April 10, 2019) (application of "essence" review authority to substantive determination of arbitrator on grievance concerning approval for outside employment)2019-04-2422 minThe Dewey Publications PodcastMarch 27th, 2019Several items of interest are discussed this week by Peter Broida:Hickey v. DHS, (Fed. Cir. 2018-1585) (nonprecedential) (March 22, 2019) (whistleblower reprisal: counsel fees [Laffey rate]; compensatory and consequential damages)2019-03-2715 minThe Dewey Publications PodcastFebruary 14th, 2019Several items of interest are discussed this week by Peter Broida:VAMC Orlando and AFGE Local 2779, 71 FLRA 13 (Feb. 8, 2019)Ryan v. DOD (Fed. Cir. 2018-1524) (nonprecedential) (Feb. 13, 2019)Dobyns v. United States (Fed. Cir. 2015-5020) (precedential) (Feb. 6, 2019)2019-02-1418 minThe Dewey Publications PodcastJanuary 24th, 2019Several items of interest are discussed this week by Peter Broida:Koester v. US Park Police (Fed. Cir. 2017-2613) (nonprecedential) (Jan. 3, 2019) (evaluation by arbitrator of new evidence concerning mitigation))Do v. HUD (Fed. Cir. 2018-1147) (precedential) (Jan. 14, 2019) (due process errors resulting when MSPB sustains adverse action on a charge not noticed))EPA and AFGE Council 238, 70 FLRA No. 199 (Dec. 21, 2018) (standards for analysis of motivation in EEO challenge to nonselection)2019-01-2416 minThe Dewey Publications PodcastOctober 16th, 2018Several items of interest are discussed this week by Peter Broida:SBA and AFGE Local 3841, 70 FLRA 729 (July 19, 2018) (factors required to establish entitlement to a temporary promotion under a labor contract)VA Medical Center Richmond and AFGE Local 2145, 70 FLRA 900 (October 12, 2018) (discretion of arbitrator in determining issues and remedies in the absence of a stipulated issue)OPM Interpretive Guide on Section 5 Ensuing Integrity of Personnel Files Contained in Executive Order 13839: (October 10, 2018)2018-10-1621 minThe Dewey Publications PodcastSeptember 7th, 2018Several items of interest are discussed this week by Peter Broida:Dept. of Justice, Bureau of Prisons and AFGE Local 3978, 70 FLRA No. 140 (July 13, 2018) (arbitration: FLSA overtime analysis: "principal activities")Dept. of Navy, Puget Sound and Bremerton MTC, 70 FLRA No. 152 (Aug. 13, 2018) (arbitration: past practice and missing contract language)Dept. of Treasury, IRS and NTEU, 70 FLRA 806 (Aug. 31, 2018) (arbitration exceptions: a new basis for interlocutory appeals)2018-09-0719 minThe Dewey Publications PodcastAugust 27th, 2018Several items of interest are discussed this week by Peter Broida:Federal District Court Decision in AFGE v. Trump (enjoining enforcement of portions of May 25, 2018 executive orders affecting union representation, official time, and scope of grievance procedures)Villareal v. Bureau of Prisons (Fed. Cir. 2017-2275 Aug. 24, 2018) (timeliness of adverse action decisions; switch in deciding officials)GAO Report: Federal Employee Misconduct-Actions Needed to Ensure Agencies Have Tools to Effectively Address Misconduct (July 2018)2018-08-2718 minThe Dewey Publications PodcastJune 5th, 2018Several items of interest are discussed this week by Peter Broida:13,836: Executive Order Developing Efficient, Effective, and Cost-Reducing Approaches to Federal Sector Collective Bargaining;13,837: Executive Order Ensuring Transparency, Accountability, and Efficiency in Taxpayer Funded Union Time Use; 13,839: Executive Order Promoting Accountability and Streamlining Removal Procedures Consistent with Merit System Principles2018-06-0531 minThe Dewey Publications PodcastMay 15th, 2018Several items of interest are discussed this week by Peter Broida:EPA and NTEU, 70 FLRA 533 (May 3, 2018) (unit clarification: location of employees on telework);DHS C&BP and AFGE NBPC Local 1929, 70 FLRA 501 (April 30, 2018) (working conditions and conditions of employment distinguished);Dept. of Navy, Norfolk and IBPO Local 800, 70 FLRA 512 (May 2, 2018) (ULP/grievance elections for changes in conditions of employment);SBA and AFGE Local 3841, 70 FLRA 525 (May 2, 2018) (procedural arbitrability: essence challenges; application of past practice to override clear contract language).2018-05-1522 minThe Dewey Publications PodcastMarch 22nd, 2018Several items of interest are discussed this week by Peter Broida:Dept. of Justice, Bureau of Prisons and AFGE Local 817, 70 FLRA 398 (Feb. 22, 2018) (arbitration awards and the excessive interference standard of review);Dept. of Navy and IFPTE Local 4, 70 FLRA 429 (March 20, 2018) (timeliness of exceptions to arbitrator's award);Bonny R. v. Dept. of Agriculture, EEOC OFO 0120160799 (Jan 25, 2018) (challenge to oral settlement of an EEO case)2018-03-2323 minThe Dewey Publications PodcastFebruary 13th, 2018Several items of interest are discussed this week by Peter Broida:Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (agency training requirements); Delgado v. MSPB (7th Cir. No. 16-1313 Jan. 29, 2018) (whistleblowing: adequacy of pleading to OSC and MSPB);Dept. of Justice v. FLRA (D.C. Cir. 16-1301 Nov. 17, 2017) ("covered by" doctrine);Dept. of Treasury, BEP and NTEU, 70 FLRA 359 (Jan 16, 2018) (definition of professional employee);Dept. of Defense, DCMA and AFGE Local 2433, 70 FLRA 370 (Jan. 23, 2018) (period for filing exceptions following email issuance of arbitration award)2018-02-1335 minThe Dewey Publications PodcastJanuary 9th, 2018Several items of interest are discussed this week by Peter Broida:U.S. Capitol Police v. Office of Compliance, ___F.3d___ (Fed. Cir. 2018) (Letterkenny analysis in unfair labor practice case);Dept. of Labor, OSHA and Greenlaw, 70 FLRA 353 (2/2/2018) (unit clarification process to determine bargaining unit status for person seeking to file a grievance to challenge an adverse action);Henderson v. VA, ___F.3d___ (Fed. Cir.12/26/2017) (shortened notice periods).2018-01-0917 minThe Dewey Publications PodcastNovember 21st, 2017Several items of interest are discussed this week by Peter Broida:Certiorari Petition: Vocke v. MSPB (equitable tolling of Federal Circuit deadline for filing judicial petitions for review of MSPB decisions)Parkinson v. DOJ, ___F.3d___ (Fed. Cir. 2017) (FBI agents lack whistleblowing affirmative defense in MSPB adverse action appeals)Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 (agencies are required to provide training on whistleblowing; agencies must discipline supervisors who are found to have engaged in whistleblower reprisal)Tables of Penalties: a congressional study in the context of sexual harassment cases. News and Case Alert Issue #9-92017-11-2112 minThe Dewey Publications PodcastOctober 3rd, 2017Several items of interest are discussed this week by Peter Broida:Piccolo v. MSPB (Fed. Cir. 2016-2374 Sept. 7, 2017) (the essence of nonfrivolous allegations in an IRA case);Craine v. National Science Foundation (10th Cir. 16-9536 April 26, 2017) (whistleblower protections for employees of federal contractors);Miskill & AFGE Local 1923 v. SSA (Fed. Cir. 2016-1598 July 20, 2017) (arbitration: consideration of post-termination comparator employees)2017-10-0321 minThe Dewey Publications PodcastJuly 17th, 2017Several items of interest are discussed this week by Peter Broida:Perry v. MSPB (Supreme Court June 23, 2017) (district court jurisdiction to review MSPB mixed-case jurisdictional dismissals);Follow the Rules Act;Act Authorizing Single MSPB Member to Extend OSC Stays in the Absence of a Board Quorum;Department of Veteran Affairs Accountability and Whistleblower Protection Act of 20172017-07-1724 minThe Dewey Publications PodcastJune 5th, 2017Several items of interest are discussed this week by Peter Broida:Presidential Executive Order of April 27, 2017, directing establishment of Department of Veterans Affairs office for whistleblower and disciplinary oversight.AFGE Local 1482 and Dept. of Navy, Marine Corps, 70 FLRA 214 (May 9, 2017) (arbitrator's treatment of counsel fee application).Peter Broida's May 11, 2017, wish list to MSPB Acting Chair Mark Robbins.2017-06-0522 minThe Dewey Publications PodcastApril 11th, 2017Several items of interest are discussed this week by Peter Broida:Federal Labor Relations Authority 2017 Budget Justification (www.flra.gov/system/files/webfm/FLRA%20Agency-wide/Public%20Affairs/CBJ/FY17%20CBJ%20FINAL%20(2.9.16%20submission).pdf);OPM Workforce Reshaping Operations Handbook: A Guide for Agency Management and Human Resource Offices (www.opm.gov/policy-data-oversight/workforce-restructuring/reductions-in-force/workforce_reshaping.pdf);OPM Guidance for Administrative Furloughs (www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/guidance-for-administrative-furloughs.pdf);Dept. of Justice, Bureau of Prisons and AFGE COPL 1034, 70 FLRA 195 (April 3, 2017) (counsel fee awards);2017-04-1117 minThe Dewey Publications PodcastFebruary 21st, 2017Several items of interest are discussed this week by Peter Broida:Abe K. v. Vilsack, Dept. of Agric. (EEOC 0120141252) (sanctions denied for late FAD);Alfred S. v. Colvin, SSA (EEOC 0120140900) (Jan 6, 2017) (sanctions imposed for failure to comply with discovery orders);Dept. of Air Force, Luke AFB v. FLRA (D.C. Cir. 15-1208 Oct. 14, 2016) (nonnegotiability of matters statutorily entrusted to unreviewable agency discretion).2017-02-2117 minThe Dewey Publications PodcastJanuary 16th, 2017Several items of interest are discussed this week by Peter Broida:Sabio v. VA, 2017 MSPB 4 (Jan. 6, 2017) (use of administrative defense orders by AJs);Little v. USPS, 2017 MSPB 5 (Jan. 6, 2017) (timeliness of appeal; delayed receipt of final agency decision);Delorme v. Dept. of Interior, 2017 MSPB 2 (Jan. 4, 2017) (acceptance of settlements in appeals involving jurisdictional disputes).2017-01-1617 minThe Dewey Publications PodcastDecember 27th, 2016Several items of interest are discussed this week by Peter Broida:Wilson v. Dept. of Navy (Fed. Cir. 2015-3225 Dec. 7, 2016) (USERRA challenge to employment action resulting from revocation of security clearance);DHS, C&BP v. AFGE Local 3725, 70 FLRA No. 16 (Dec. 2, 2016) (likelihood of a future request for public comment on the criteria for counsel fee awards in cases within the Authority's jurisdiction);Nielsen v. Hagel (4th Cir. 14-1646 Nov. 15, 2016) (lack of authority of a district court to remand an EEO case to an agency because of a processing error).2016-12-2711 minThe Dewey Publications PodcastDecember 7th, 2016Several items of interest are discussed this week by Peter Broida:Morris v. Dept. of Army, 2016 MSPB 37 (Oct. 31, 2016) (format requirements for PFRs and related submissions);Hess v. USPS, 2016 MSPB 40 (Nov. 18, 2016) (reaffirming the availability of compensatory damages in MSPB cases);Hester S. v. Yang, Chair, EEOC (EEOC 0120121983) (Oct. 24, 2016) (revising the law concerning inclusion in settlements of OWBPA language).2016-12-0720 minThe Dewey Publications PodcastOctober 17th, 2016Several items of interest are discussed this week by Peter Broida:Gardner v. VA, 2016 MSPB (Oct. 7, 2016) (discrimination and reprisal affirmative defense analytics);Tamara G. v. Yang, Chair, EEOC (EEOC 0120150734) (August 4, 2016) (limitations on the levels of compensatory damages awards);Hau v. DHS, 2016 MSPB 33 (Sept. 19, 2016) (collateral estoppel applied to jurisdictional issues);NAIL, Local 6 and Dept. of Defense, 69 FLRA 573 (Sept. 20, 2016) (counsel fee criteria applied to contract violations);AFGE Local 1815 and Dept. of Army, 69 FLRA 621 (Sept. 28, 2016) (differences in approaches to policy issues among the Authority members);AFGE Local 1992 and Dept. of Defense, 69 FLRA 567 (Sept. 20, 2106) (differences in approaches among the Authority members concerning...2016-10-1727 minThe Dewey Publications PodcastSeptember 12th, 2016Several items of interest are discussed this week by Peter Broida:AFGE Local 2266 and DHS, CBP, 69 FLRA 525 (Aug. 24, 2016) (revisiting and reaffirming the law governing "flagrant misconduct" of union representatives; Scere v. DHS (NP 0752 14 157 I 1) (failure to meet condition of employment: mitigation of removal to reassignment); Walls v. VA (NP DE-0752-13-0278-I-1) (Sept. 7, 2016) (enforcement action: difficulties presented by reliance upon agency counsel's statements as evidence of compliance); Tyner v. Dept. of Agric. (NP DC-0752-16-0098-I-1) (Sept. 7, 2016) (comparison of charges of falsification/misrepresention and lack of candor);Illiana S. V. Yang, Chair, EEOC (EEOC 0120123242) (July 11, 2016) (performance...2016-09-1223 minThe Dewey Publications PodcastAugust 22nd, 2016Several items of interest are discussed this week by Peter Broida:Emanuele v. Dept. of Transportation (NP PH-0752-15-0539-I-1) (Aug. 19, 2016) (elections of remedies: MSPB/grievance);Goeke and Bottini v. Dept. of Justice (CB-0752-15-0228-A-1) (Aug. 12, 2016) (counsel fees);Roxane C. V. Carter, Secretary of Defense (EEOC 0120142363) (July 19, 2016) (discrimination based on pregnancy);Rosario-Fabregas v. MSPB (2015-3102 Fed. Cir. Aug. 16, 2016) (enforced leave; constructive suspensions and conditions placed upon return to work);Osman v. Dept. of Army (NP PH-0752-15-0030-I-2) (Aug. 11, 2016) ("conduct unbecoming." sex harassment, and Title VII burdens of proof).2016-08-2224 minThe Dewey Publications PodcastJuly 12th, 2016Several items of interest are discussed this week by Peter Broida:Davis v. Dept. of Navy (NP DA-0752-14-0285-I-1) (July 5, 2106) (ex-parte communiations and post-reply interview by agency counsel);Mellick v. Dept. of Interior (NP SF-0752-16-01201-I-1) (July 8, 2016) (implications of agency breach of last chance agreement);Beg v. DHHS (NP DC-0432-13-3191-I-1) (July 5, 2016) (employee access to files and email to assist in the preparation of a reply to a proposed action);Morrison v. Dept. of Navy (NP PH-0752-14-0669-B-1) (June 28, 2016) (effect of incorrect information on retirement benefits from a supervisor in...2016-07-1224 minThe Dewey Publications PodcastJune 6th, 2016Several items of interest are discussed this week by Peter Broida:Gray v. MSPB (2015-3186 Fed. Cir. May 25, 2016) (NP) (WPEA protection for filing an EEO complaint);Turner v. VA (NP AT-4324-15-0675-I-1) (June 2, 2016) (USERRA shifting burden of proof);Vocke v. Dept. of Commerce (NP DC-1221-13-1266-W-1) (May 2, 2016) (whether a letter of counseling is a threatened personnel action under the WPA);Tartaglia v. VA (NP DC-0752-14-1108-I-1) (May 5, 2016) (permissible assistance by agency officials to individuals seeking agency employment);EEOC Issuance: "Employer-Provided Leave and the Americans with Disabilities Act" (May 9, 2016);Special Counsel ex rel...2016-06-0624 minThe Dewey Publications PodcastMay 17th, 2016Several items of interest are discussed this week by Peter Broida:Cahill v. MSPB (2015-3152 Fed. Cir. May 10, 2016) (IRA disclosures; specific notice of deficiencies required from MSPB or agencies in preliminary jurisdictional challenges);Lal v. MSPB & DHHS (2015-3140 Fed. Cir. May 11, 2016) (MSPB jurisdiction over appeals by employees appointed under specialized agency statutory authority permitting hiring without regard to civil service laws);Zygmunt v. Dept. of Navy (NP PH-0752-0292I-1) (5/13/2016) (knowledge of whistleblower disclosures gained by deciding official during an adverse action reply);O'Lague v. VA, 2016 MSPB 20 (May 11, 2016) (elements of material gain in a falsification charge; elements of...2016-05-1727 minThe Dewey Publications PodcastMay 3rd, 2016Several items of interest are discussed this week by Peter Broida:Bautz v. Dept. of Treasury (NP AT-1221-15-0577-W-1) (April 18, 2016)) (enforcement of a settlement release in an EEO case in a subsequent IRA appeal);Doe v. Dept. of Navy (AT-0752-15-0206-I-1) (April 21, 2106) (due process: incorporation by reference into a proposal of materials from an evidence file);Scarlet M., et al. V. Mabus, Secretary, Dept. of Navy, OFO 0120150940 (April 13, 2016) (lack of due care defense in a hostile environment case for harm already suffered by the complainants).2016-05-0315 minThe Dewey Publications PodcastApril 14th, 2016Several items of interest are discussed this week by Peter Broida:Miller v. FDIC (2014-3137 Fed. Cir. April 8, 2016) (VEOA: cancelation of vacancy announcement);Miller v. FDIC (2014-3146 Fed. Cir. April 8, 2916) (VEOA: consideration of applicant's education, skill, and experience);McCauley v. VA (NP CH-1221-14-0721-W-1) (Feb. 18, 2016) (whistleblower protection under 2302(b)(9): assisting others with complaints);DHUD and AFGE Council of HUD Locals 222, 69 FLRA 213 (Feb. 25, 2016) (dissent by Member Pizzella concerning lengthy arbitration and review processes)2016-04-1420 minThe Dewey Publications PodcastApril 1st, 2016Several items of interest are discussed this week by Peter Broida:Pirkkala v. Dept. of Justice, 2016 MSPB 16 (March 31, 2016) (election of remedies: untimely union contract grievance vs. timely Board appeal)Jenna P. v, Kerry, Secretary of State, 0120152941 (Jan. 28, 2016) (election of remedies: EEO complaint v. union contract grievance)Littlefield v. Dept. of Navy (NP AT-0752-15-0408-I-1) (Feb. 17, 2016) (settlement agreement zipper clauses; statements made during mediation)Batara v. Dept. of Navy, 2016 MSPB 15 (March 7, 2016) (marijuana use; mitigating factors)SSA v. Boini (CB-7521-13-0192-T-1) (March 22, 2016) (ALJ disciplinary complaint; general discussion of application of adverse action principles to ALJ cases)2016-04-0116 minThe Dewey Publications PodcastMarch 14th, 2016Several items of interest are discussed this week by Peter Broida:Diaz v. Dept. of Treasury, (NP AT-0752-15-0471-I-1) (March 11, 2016) (spoliation of evidence; adverse inference)Big Crow v. DHHS, (NP -0752-15-0368-I-1) (March 10, 2016) (due process; ex parte communications; advice from HR specialists, counsel)Pauli v. DHS, (NP DC-0752-13-6815-I-1) (March 10, 2016) (due process: reliance on documents in the evidence file not referenced in the proposal; consideration of alternate provisions of a penalty table)Special Counsel ex rel. Rector v. NCUA, (NP CB-1208-16-0012-U-2) (March 7, 2016) (clarification of OSC stay requests; changes in...2016-03-1417 minThe Dewey Publications PodcastFebruary 8th, 2016Several items of interest are discussed this week by Peter Broida:Montgomery v. DHHS, 2016 MSPB 8 (Feb. 5, 2016) (VEOA right to compete: transfers);SSA and IFPTE, Ass'n. ALJs, 69 FLRA 208 (Feb. 4, 2016) (contract provisions governing timeliness of arbitrators' awards)Zenia M. V. DHHS, EEOC 0120121845 (Dec. 18, 2015) (reprisal liability for improper disclosure by agency EEO officials of materials in the complainant's ROI)2016-02-0820 minThe Dewey Publications PodcastJanuaury 25th, 2016Several items of interest are discussed this week by Peter Broida:Runstrom v. VA, 2016 MSPB 3 (Jan 14, 2016) (agency burden of proof in defending an IRA claim) Jackson v. Dept. of Army, 2016 MSPB 4 (Jan. 19, 2016) (need for care in deciding when to use an OWBPA revocation clause in a settlement agreement)Brown v. DHS (NP SF-0752-14-0816-I-1) (Jan. 19, 2016) (care needed in presentation of testimony from a deciding official as to whether a penalty would be the same when not all specifications of a charge are sustained)McCarthy v. MSPB (2015-3072 Fed. Cir. Jan 14, 2016) (treatment as judicially review decision a...2016-01-2620 minThe Dewey Publications PodcastDecember 30th, 2015Several items of interest are discussed this week by Peter Broida:Congressional testimony of MSPB's Susan Grundmann and OSC's Carolyn Lerner concerning legislative changes desired as components of reauthorization legislation;Mosley v. Dept. of Transp., AT-0752-14-0666-I-1 (NP 12/3/2015) (prospective nature of reasonable accommodation requirements);Layton v. Dept. of Air Force, SF-121-14-0805-W-1 (NP 12/9/2015) (necessity for judge's approval of informal discovery deadline adjustments; interpretation of 5 USC 2302(b)(9))2015-12-3020 minThe Dewey Publications PodcastNovember 30th, 2015Several items of interest are discussed this week by Peter Broida:Summit 6, LLC v. Samsung Electronics (Fed. Cir. Sept. 21, 2015) (expert opinion under the Federal Rules of Evidence and the Daubert case);King v. Dept. of Army (11th Cir. 2014) (standards for review outside the Federal Circuit of an IRA whistleblowing case under the 2012 WPEA);DHS, ICE and AFGE Local 1917, 69 FLRA 72 (Nov. 13, 2015) (ULP involving refusal to arbitrate local grievances until similar national grievances were resolved);Practice tip: Federal Circuit arguments2015-11-3015 minThe Dewey Publications PodcastNovember 2nd, 2015Several items of interest are discussed this week by Peter Broida:Boo v. DHS, SF-0752-13-3302-A-1 (NP 10/29/2015) (counsel fees: a mitigated penalty warrants a reduced fee)Complainant v. Postmaster General, EEOC 0120133350 (9/11/2015) (counsel fees: the availability of counsel in the geographical area of the employment dispute results in reduction of the hourly rate of out-of-town counsel)Aviles v. MSPB, 799 F.3d 457 (5th Cir. 8/24/2015) (protected disclosures do not include matters that do not directly impact governmental interests)MSPB Rulemaking Notice (new rules for discovery in enforcement proceedings) (10/30/2015)2015-11-0216 minThe Dewey Publications PodcastOctober 12th, 2015Several items of interest are discussed this week by Peter Broida:EEOC Announces Use "Randomly Generated Names" to identify casesEinboden v. Dept. of Navy, ___F.3d___ (Fed. Cir. 10/1/2015) (furloughs: deference to agency financial decisions)Independent Union of Pension Employees and PBGC, 68 FLRA No. 155 (9/29/2015) (contract grievance and arbitration procedures survive expiration of negotiated agreement)Rebstock Consol. And DHS, 2015 MSPB 53 (9/29/2015) (threshold of a "threat" for purposes of IRA analysis)DHS, C&BP and NTEU, 68 FLRA No. 156 (9/29/2015) (Dissent of Member Pizzella concerning collateral estoppel effect of arbitration awards)2015-10-1216 minThe Dewey Publications PodcastSeptember 28th, 2015Several items of interest are discussed this week by Peter Broida:Savage v. Dept. of Army, 2015 MSPB 51 (9/3/2015) (IRA hostile environment claims; demise of summary judgment for Title VII EEO affirmative defenses)Washington v. Dept. of Army, AT-0432-15-0138-I-1 (NP 9/21/2015) (falsification charge: required element of personal gain)Sherman v. DHS, 2015 MSPB 52 (9/11/2015) (IRA/grievance election of remedy)Wilkes v. VA, DA-0432-11-0466-C-1 (NP 9/22/2015) (compliance: TSP complexities)Dept. Of Justice, Bureau of Prisons and AFGE Local 4052, 68 FLRA No. 150 (9/21/2015) (sovereign immunity bars equitable remedy in the form of monetary payments)Dept. Of Commerce, NOAA and NWSEO, 68 FLRA No. 152 (9/24/2015...2015-09-2820 min