The final step in any personnel action or other exercise of managerial discretion is the appeal, grievance, or other challenge before a third party. Federal managers will testify before these tribunals by describing the events as a direct witness to an incident, explaining their decisional process in a personnel action, or recounting the facts as a disinterested witness.
A surprising number of cases are lost on appeal because of the failure of federal supervisors and managers to recount the facts accurately and honestly or correctly explain the elements necessary to support their actions. This brief but thorough book is for agency managers and supervisors who will be testifying before the MSPB, EEOC, or at arbitration hearings, as well as, those providing information in other investigative or adjudicatory proceedings such as EEO investigations, FLRA investigations, and OSC inquiries.
Providing into more depth than the usual tips on how to testify, the book covers:
- The Tribunals - Differences between administrative and judicial tribunals, the most common administrative tribunals, and other administrative fact-finding processes.
- Burdens and Standards - Burdens of proof, standards of proof, elements of proof for the most common actions: disciplinary and adverse actions, selections, harassment, and other actions usually challenged.
- The Seven Classic Mistakes - Why agencies lose cases they shouldn’t lose.
- The Mechanics and Dynamics of Testimony - Preparation, appearing on the witness stand, holding up under cross-examination, and giving information in investigative phases.
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Table of Contents
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