Fed Government Continues Sparring with Veterans in MSPB
The author says that the federal government continues to fumble with veteran’s preference matters as evidenced by some recent cases.
Read summaries of court cases and decisions that impact federal employees and retirees.
The author says that the federal government continues to fumble with veteran’s preference matters as evidenced by some recent cases.
While not specifically involving the federal sector, a case involving an Atlantic City casino whose facts give rise to the court tossing it back to the NLRB to try again demonstrate that unions can in fact step over the line in organizing campaigns.
The Supreme Court has just issued a decision that heads off an end run around the Civil Service Reform Act’s employee appeals process. The court refuses to permit the district courts to supplant MSPB jurisdiction simply because the appeal is challenging the constitutionality of the law barring those who dodge selective service registration requirements from being employed by the federal government.
The US Court of Appeals disagrees with the lower court’s refusal to dismiss a Bivens lawsuit filed personally against a supervisor by a fired Library of Congress probationary employee. The case has been remanded with instructions to dismiss.
The MSPB is getting slower at delivering justice.
In a recent decision the Federal Circuit refused to buy a probationary employee’s argument that he should receive credit for his military service against his probation requirement in determining whether he was covered by the statutory right to appeal his probationary separation to the Merit Systems Protection Board.
A Navy employee is unable to get the court to overturn his removal for making threats against coworkers and dissing his supervisors.
Here is another recent case that establishes the critical importance of dotting every “i” and crossing every “t” if a retired federal employee intends to give a former spouse a survivor annuity.
There is yet another chapter in the case of the Interior Department economist who was bestowed with a $383,600 monetary award by a group that the employee had assisted in bringing a successful false claims action involving underpayment by oil companies of royalties owed to the Mineral Management Service.
A Navy employee got aggressive with the shipyard’s security personnel resulting in his badge and clearance being pulled. Without a clearance he was suspended indefinitely from his job. He did not find much sympathy when he appealed.