Written by Peter Broida, a longtime practitioner before the Merit Systems Protection Board, a lecturer on MSPB practice, and author of other various comprehensive titles on the law and procedure of the MSPB, the MSPB Guide is the standard reference on the MSPB and its reviewing court, the Federal Circuit. This treatise provides practice guidance and analyses of the relevant statutes, regulations, and case law. It is annually updated and extends back to the Board’s 1978 inception.

Added to the Guide this year are summaries of hundreds of approximately 1,400 nonprecedential decisions issued by the Board since the summer of 2010. Many nonprecedential decisions reported in the Guide contain new points of law or comprehensive summaries of existing law. Whether or not the Board continues its regulation that nonprecedential decisions may not be relied upon by administrative judges or the Board, it is unlikely that new law developed in these decisions will be ignored by the Board or its judges. Practitioners conducting thorough research of Board law now have a text permitting ready identification of significant nonprecedential decisions.

The text analyzes thousands of precedential and nonprecedential decisions of the MSPB and the courts, including many new decisions of importance in the areas of: due process developments concerning penalty determinations; substantive and procedural issues under USERRA and VEOA, including qualifications reviews, remedial requirements, damages; suitability and related determinations; disciplinary action based on LWOP and approved leave, and related FMLA limitations; workplace speech freedoms, restrictions; mixed–motive, disparate impact analyses under ADEA, ADA, USERRA; tender-back issues; counsel fee analysis concerning compensable time in penalty mitigation cases; criteria for performance standards in Chapter 43 actions.

For over 20 years, agencies, unions, and employee representatives, and others who administer personnel, civil rights, and labor relations programs have relied on the MSPB Guide for its authoritative reporting and advice on topics including:

• Board and Federal Circuit Jurisdiction—including who may appeal and the types of actions that are appealable
• Appeals: Initial Decisions and Petitions for Review—including when and how to appeal and dismissals
• Pre-Hearing, Post-Hearing and Hearing Practices—including evidence, discovery, motions, pleading requirements and witnesses
• Adverse Actions and Performance Cases—including constructive adverse actions and service efficiency
• Nexus and Mitigation—including specific nexus determinations and the Douglas factors
• Substantive Offenses—including insubordination, negligence, security clearance and suitability issues, absences, threats, misuse of government property, falsification, and more
• Harmful Error
• Affirmative Defenses—including discrimination and prohibited personnel practices
• Retirement and Reemployment
• Settlement, Remedies, Attorney Fees and Enforcement
• Judicial Review
• USERRA and VEOA
• Reductions in Force
• Research Techniques and References

This Guide is a component of the American Civil Service Law Series. Also included are a detailed table of contents, case table, bibliography, and index.

A Guide to Merit Systems Protection Board Law and Practice is also available on a CD-ROM as a .pdf file with many useful features. Hyperlinks allow the reader to move quickly between the Table of Contents and Index entries and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text, and web links of major cases take users to full text versions available online. 4,800 pages.

Information Link: Table of Contents ------- Text Sample

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