The Dewey Publications Podcast

Several 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 Orders
• OPM Proposed Rules Involving Executive Orders
• SSA and AFGE Local 3627, 71 FLRA 355 (Sept. 30, 2019) (remedial authority of arbitrators)

Several 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]

Several 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)

Several 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)

Several 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 Cir. 2018-1873) (nonprecedential) (May 29, 2019) (arbitration: time-served suspensions)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)

Several items of interest are discussed this week by Peter Broida:

• Lucia v. SEC (Supreme Court June 2018), and its application to the MSPB
• Hiller 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 Cir. 2018-1244) (nonprecedential) (April 22, 2019) (MSPB prehearing submissions and witness statements)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)

Several 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)

Several 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)

Several 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)

Several 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)