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MSPB Related Titles
Subcategories: Litigation | Settlement and ADR | Remedies | Leave and HR Related Topics
Charges, Penalties, and Adverse Actions


A Guide to Merit Systems Protection Board Law and Practice
A Guide to MSPB Law and Practice (2017)
By: Broida
Price: $695.00
Sku: 17MSPB
Edition: 34th/2017
ISBN: 1-941825-31-1
Availability: IN-STOCK (released 4/12/17)
Samples: Table of Contents ------- Text Sample
Format: Printed Book; pdf eBook on CD (Save $100); or Book & pdf eBook on CD (+$100)

In two volumes, updated annually, the MSPB Guide is a complete research tool for Board cases, laws, procedure, and litigation practice and is the seminal text on this complex area of the law. Major topics include MSPB regulatory revisions, Whistleblower Protection Enhancement Act, jurisdiction, appeals, discovery, hearings, evidence, PFRs, adverse actions and discipline, nexus and mitigation, substantive offenses, performance cases, RIFs, PPPs, retirement, attorney fees, settlement, remedies, and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)




A Guide to Federal Labor Relations Authority Law and Practice
A Guide to FLRA Law and Practice (2017)
By: Broida
Price: $695.00
Sku: 17FLRA
Edition: 30th/2017
ISBN: 1-941825-32-X
Availability: IN-STOCK (released 5/17/17)
Samples: Table of Contents ------- Text Sample
Format: Printed Book; pdf eBook on CD (Save $100); or Book & pdf eBook on CD (+$100)

Updated annually, the FLRA Guide is a complete research tool on unit determinations, negotiability and the collective bargaining process, unfair labor practices, and arbitration. The Guide includes discussion of cases, laws, and litigation practice before the FLRA and its reviewing courts. Major topics include jurisdiction, unit determinations and elections; labor organizations; procedures and substantive limitations on and specific applications of negotiability determinations; the Federal Service Impasses Panel; ULPs and remedies; review of arbitration awards; and administrative reconsideration and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)




MSPB Charges & Penalties
A Charging Manual
MSPB Charges
By: Fowler & Vitaro
Price: $275.00
Sku: 17MSCP
Edition: 9th/2017
Availability: IN-STOCK (released 5/5/17)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

A Dewey Best Seller. Charges & Penalties offers the most comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection by using Board and Federal Circuit cases as examples. Using Board and Federal Circuit cases as examples, Charges & Penalties offers the most comprehensive analysis and authoritative advice on adverse actions, charge drafting, and penalty selection. Major topics include the basics of adverse actions and charges; causation; charge classification; specific, generic, and narrative charges; power charging; lesser-included offenses; charge interpretation; notice and due process; the conjunctive charge; indefinite suspensions and security-related charges; merging, selecting and drafting the charge; advice for proposing and deciding officials; the penalty; and charges and proof requirements. (more details)




FMLA Basics
FMLA Basics (2017)
By: Bosland
Price: $75.00
Sku: 17FMBA
Edition: 2nd/2017
Availability: IN-STOCK (released 7/6/17)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Introductory, yet comprehensive, FMLA Basics guides federal supervisors and managers through the FMLA process and law with tips, resources, and guidance for compliance. Major topics include an overview of federal sector FMLA, employee leave requests, timeliness and adequacy of leave requests, employee eligibility requirements, coverage issues, management responsibilities, requests for supporting documentation, amount of leave entitlement, how leave may be scheduled, paid leave, dealing with other employment benefits, record keeping, agency leave policies, and enforcement. (more details)



Reduction in Force
A Practical Guide
Reduction in Force (2017)
By: Fowler
Price: $225.00
Sku: 17RIF
Edition: 1st/2017
Availability: Summer 2017
Format: Book (+ optional .pdf eBook on CD)

RIFs will be the new “furloughs.” An understanding of RIFs is necessary to avoid mistakes. Employees, HR officials, agency counsels, and employee representatives will use this easy-to-use, yet comprehensive guide to master the regulations, statutes, and case law. Major topics include competitive levels and competitive areas, retention registers, bump and retreat rights, severance pay and DSRs, veterans preference, and demotion and termination appeals(more details)




MSPB Case Summaries
MSPB Case Summaries (2017)
By: Broida & Davis
Price: $225.00
Sku: 17MSCS
Edition: 8th/2017
ISBN: 1-941825-36-2
Availability: IN-STOCK (released 3/9/17)
Samples: Table of Contents | Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Updated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2017 into concise, useable summaries. Cases are arranged by subject matter areas of Board jurisprudence and further categorized alphabetically. The MSPB Reference Materials CD and a table of cases rounds out this research tool. Major topics include adverse and performance actions, arbitration/collective bargaining issues, attorney fees, Board procedure, jurisdiction and judicial review, defenses, discrimination, evidence, harmful error, hearings, mitigation, PPPs, retirement, reemployment, remedies, RIFs, settlements, substantive offenses, timeliness, USERRA and VEOA. (more details)




ACSLS Reference Materials
RM.jpg
By: Dewey
Price: $30.00
Sku: 17RM
Edition: 2017
Availability: In-Stock
Format: .pdf download (+ optional backup CD)

The most frequently used materials from the EEO, FLRA, and MSPB are all in one place. Click here to view the Table of Contents. (more details)



Due Process in Adverse and Performance-Based Actions
Due Process in Adverse and Performance-Based Actions (2017)
By: Fowler
Price: $225.00
Sku: 17DPAP
Edition: 2nd/2017
ISBN: 978-1-941825-30-3 ; 1-941825-30-3
Availability: IN-STOCK (released 1/30/17)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

This guide provides everything needed in dealing with procedural and due process issues. Major topics include due process and the statutory scheme; liberty and property and what’s due; the Stone, Ward Criteria, Analytical Model; ex parte communication; Stone, Ward factors in actual practice; agency investigations—constitutional concerns; due process and the agency process; the Ward model—due process and harmful error; due process—security clearances, base bars. (more details)




A Guide to the Whistleblower Protection Act and Whistleblower Protection Enhancement Act
16WPA.jpg
By: Fowler & Vitaro
Price: $225.00
Sku: 16WPA
Edition: 2nd/2016
ISBN: 978-1-941825-24-2; 1-941825-24-9
Availability: IN-STOCK (released 7/25/16)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

With practice tips, this guide sorts the laws and procedures related to whistleblower reprisal. The guide includes in depth discussion of the Whistleblower Protection Act, the Whistleblower Protection Enhancement Act, noteworthy cases, and the Presidential Policy Directive (PPD-19). Major topics include legislative history and sources of law; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie cases and contributing factor analysis; clear and convincing evidence; remedies, damages and relief; administrative and judicial review; and National Security Employees. (more details)




Darshan Sheth on Representing Agencies Before OSC
Civil Service Advocacy Series
15SOSC.jpg By: Sheth
Price: $125.00
Sku: 15SOSC
Edition: 1st/2015
ISBN: 978-1-941825-15-0; 1-941825-15-X
Availability: IN-STOCK (released 09/18/15)
Format: 1hr 7min .mp4 video on CD-ROM, workbook, and optional 25% off Guide to the Whistleblower Protection Act & WPEA of 2012

Darshan Sheth presents this video training course on representing agencies before the OSC. Major topics include: agencies’ obligations to cooperate with OSC investigations, responding to OSC requests for information, handling informal and formal stay requests, representation at OSC interviews, dealing with reports of prohibited personnel practices, negotiating settlements, safeguarding confidential materials, disciplinary actions, and handling recommendations for systemic corrective actions. (more details)




Broida on MSPB Practice
Civil Service Advocacy Series
14BOMP.jpg By: Broida
Price: $125.00
Sku: 14BOMP
Edition: 1st
Availability: IN-STOCK (released 4/18/14)
Samples: Workbook Table of Contents
Format: 4hr 11min .mp4 video on DVD-ROM; workbook; + optional 50% off MSPB Basics

Peter Broida presents this video training course on MSPB practice. Each purchase includes Mr. Broida’s lecture (.mp4 video file sent on a DVD); workbook with reference materials, course notes–outline, and selected cases; and a bibliography. Major MSPB advocacy topics include organization and jurisdiction of the Board; developing the record; litigation management; appeal timeliness; gathering information; MSPB appeals process; motions practice; discovery; prehearing orders, submissions, conferences, and summaries; cases decided without a hearing; hearing preparations; hearings; petitions for review and judicial review; and settlement. (more details)




Settlement Forms
for MSPB and EEOC Federal Personnel Litigation
14SFME.jpg By: Broida
Price: $160.00
Sku: 14SFME
Edition: 2nd/2014
ISBN: 1-941825-00-1; 978-1-941825-00-6
Availability: IN-STOCK (released 06/27/14)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Settlement Forms for MSPB and EEOC Federal Personnel Litigation provides practice notes and examples of provisions that are grouped by settlement topics. Major settlement provision topics include access to and return of agency property and access to facilities, actions upon and consequences of breach, cancellation or rescission of action, conditions of ongoing employment, construction of agreement, disclosure and maintenance of information, enforcement, financial considerations for the appellant, future employment, introductory clauses, leave status, performance, promotion, substituted employment actions, termination of appeal, waiver of rights, and miscellaneous settlement terms. (more details)



Crafting Durable Settlement Agreements
12CDSA.png By: Tuck
Price: $160.00
Sku: 12CDSA
Edition: 2nd/2012
ISBN: 978-1-934651-67-4; 1-934651-67-2
Availability: IN-STOCK (released 11/01/12)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Crafting Durable Settlement Agreements is a complete research tool for negotiating, drafting and enforcing settlement agreements, with expert commentary and sample agreement provisions and terms. Analysis of relevant MSPB and EEO case law, regulations, OPM guidance, and MD-110, and Federal Rules of Evidence is included. Major topics include settlement principles and advice, guidelines for settlement, settlement authority, collateral use of and challenges to agreements and offers, preparation for settlement, alternative discipline agreements, last chance agreements, pre-appeal agreements, common settlement terms, enforcement, and rescission. (more details)



The Art of Advocacy
What to Do and How to Do It Before the MSPB and Arbitrators
11AOA.jpg
By: Fowler & Vitaro
Price: $160.00 On Sale! $112.00
Sku: 11AOA
Edition: 1st/2011
ISBN: 978-1-934651-53-7
Availability: IN-STOCK (released 10/13/11)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

The Art of Advocacy is a thorough, yet concise, instructional text on effective advocacy before the MSPB and arbitrators. Major topics include the basics and importance of advocacy, Board and arbitration practice fundamentals, proof requirements, preappeal advocacy, discovery, motion practice, direct and cross examination, oral and written advocacy, and settlements. (more details)



Adverse Actions and Performance-Based Actions
Process, Law and Cases, Guidance, and Pitfalls
11AAPA.jpg
By: Fowler & Vitaro
Price: $160.00 On Sale! $120.00
Sku: 11AAPA
Edition: 1st/2011
ISBN: 1-934651-50-8
Availability: IN-STOCK (released 06/30/11)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

This text guides practitioners, HR specialists, and supervisors and managers through the complexities of adverse and performance-based actions with discussion of the governing statutes, regulations, and cases from the MSPB and Federal Circuit and practical advice, strategies, and best practices for navigating these disciplinary processes. Major topics include discussion of the Civil Service Reform Act, statutory and regulatory requirements of adverse actions, the agency’s administrative process in taking adverse actions, substantive rights in performance-based actions, and the agency’s administrative process in taking performance-based actions. (more details)



MSPB Discovery Forms for Agency Representatives
(2004) MSPB Discovery Forms Book for Agency Representatives
By: Broida
Price: $100.00 On Sale! $60.00
Sku: 04MSDF
Edition: 1st/2004
ISBN: 1-932612-26-2
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Drawing from actual cases, this quick reference offers discovery samples to guide agency representatives through litigation before the MSPB. Major topics include definitions, instructions, interrogatories, document requests, and request for admissions. (more details)



Best of the Board
(2009) Best of the Board
By: Broida
Price: $80.00 On Sale! $48.00
Sku: 09BOTB
Edition: 1st/2009
ISBN: 1-934651-11-7
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Best of the Board is a compilation of the seminal MSPB and Federal Circuit cases from 1978 to the present. Subject matter expert, Peter Broida, details the essence of each case followed by a reproduction of that salient portion of the case text. Major topics include efficiency of the service standard, board decisional processes, evidence, charges and penalties, agency decisional errors, affirmative defenses, unusual jurisdictional issues, settlements, and attorney fees. (more details)



MSPB Basics: The Agency Edition
(2005) MSPB Basics: The Agency Edition By: Broida
Price: $55.00
Sku: 05MBAE
Edition: 1st/2005
ISBN: 1-932612-52-1
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

For the benefit of agency representatives, this introductory, yet thorough discourse on MSPB practice covers seminal Board and Federal Circuit decisions, Board processes and litigation from the initial appeal through PFR, and regulations. Major topics include Board overview, agency appeal response, discovery, motions practice, settlement, discrimination issues, prehearing procedures, hearings, petition for review, counsel fee petitions, relationships with the judge, opposing counsel and pro se appellants, research, and significant decisions of the Board. (more details)



MSPB Basics
A Brief Guide for the Distressed and Perplexed
(2004) MSPB Basics By: Broida
Price: $55.00
Sku: 04MSBA
Edition: 1st/2004
ISBN: 1-932612-34-3
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

An introductory discourse on MSPB practice, MSPB Basics covers seminal Board and Federal Circuit decisions, Board processes and litigation from the initial appeal through PFR, and relevant regulations. Major topics include an overview of the Board, filing an appeal, the agency’s response and preliminary motions, discovery and motion practice, discrimination, pre-hearing practice, hearing, settlement, whistleblower claims, petitions for review, and significant decisions of the Board. (more details)



Discovery Practice before the MSPB
16DPMB.jpg
By: Tuck
Price: $125.00
Sku: 16DPMB
Edition: 3rd/2016
ISBN: 978-1-941825-19-8; 1-941825-19-2
Availability: IN-STOCK (released 04/5/16)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

A Dewey classic, Discovery Practice Before the MSPB is now in its third edition, offering comprehensive instruction on oral and written discovery before the MSPB, and includes samples of discovery materials, a detailed examination of discovery procedure, relevant case citations, MSPB regulations, and more, to help maximize discovery and better prepare for litigation. Major topics include non-discovery tools for obtaining information, sample instructions, depositions, interrogatories, requests for documents, physical and mental exams, requests for admissions, motions to compel, how to protect against discovery, and sanctions. (more details)




Motions Practice before the MSPB and the EEOC
(1998) Motions Practice before the MSPB and the EEOC By: Hadley & Tuck
Price: $80.00
Sku: 98MPME
Edition: 1st/1998
ISBN: 1-878810-48-0
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Prehearing and post-hearing motions, as well as rules of motion practice are studied in this practical and helpful guidebook. The authors examine motions presented to the Board and the Commission separately, paying special consideration to how to most effectively use motions for the desired result. Major topics include federal rules of civil procedure and basic, pre- and post-hearing motion practice before the Merit Systems Protection Board and Equal Employment Opportunity Commission. (more details)



MSPB: Litigation Techniques
95MSLT.jpg By: Broida, Levinson & Kastner
Price: $25.00
Sku: 95MBLT
Edition: 1st/1995
Format: .mp3 download + optional audio CDs

This audio course is a three-hour narration of MSPB practice and procedure. Instruction is offered by two seasoned practitioners and a former MSPB Chairman. (more details)





EEOC and MSPB Litigation
04EML.jpg By: Broida, Hadley, Gilbert & Wiley
Price: $80.00
Sku: 04EAML
Edition: 1st/2004
ISBN: 0-9729852-6-3
Format: 2 CD-ROMs

Whether practicing before the EEOC or the MSPB, this training disc explores and dissects each step of the litigation process. From pre-discovery to closing arguments, the speakers detail what practitioners before the Board and Commission need to know. (more details)



Broida on Federal Sector Administrative Advocacy
Civil Service Advocacy Series
14BOAA.jpg By: Broida
Price: $125.00
Sku: 14BOAA
Edition: 1st
Availability: IN-STOCK (released 3/06/14)
Samples: Workbook Table of Contents
Format: 3hr 45min .mp4 video on DVD-ROM; workbook
+ optional 25% off Settlement Forms for MSPB and EEOC and/or 50% off MSPB Basics: The Agency Edition

Peter Broida presents this training course on federal sector advocacy in the three principal administrative forums—MSPB, EEOC and arbitration. Topics are broken down by the processes required before each tribunal. Each purchase includes Mr. Broida’s video lecture on DVD; a workbook with reference materials, course notes and outline, and selected cases; and a bibliography. Major advocacy topics include common and dissimilar elements, including jurisdiction, among the MSPB, EEOC and arbitration; basic case preparation and organization, discovery, summary judgment, settlement, prehearing procedures and preparation, the hearing, closing the record, and appeals. (more details)




Agency Advocacy Before the MSPB and EEOC
97AAME.jpg By: Fowler & Holzman
Price: $25.00
Sku: 97AAME
Edition: 1st/1997
Format: .mp3 download + optional audio CDs

This training course is written and narrated by two seasoned agency advocates who offer their experience, analysis, and advice to agency representatives on how to effectively advocate before the MSPB or EEOC. (more details)



Winning at the MSPB
02WAMS.jpg By: Ashner
Price: $55.00
Sku: 02WAMS
Edition: 1st/2002
ISBN: 1-878810-74-X
Samples: Table of Contents ------- Text Sample
Format: eBook (.pdf) download + optional backup CD-ROM

Winning at the MSPB covers everything necessary to initiate employment actions and build a winning case before the MSPB and is a valuable resource to any agency supervisor or manager, personnel advisor, and representative. Major topics include jurisdiction, timeliness, whistleblower reprisal, USERRA/VEOA, mixed cases, evidence, adverse action procedures, selecting and drafting charges, nexus, selecting and defending the penalty, performance-based actions, affirmative defenses, appeal responses, proper parties, prehearing practice, settlement, the hearing, decision and review, and remedies. (more details)



USERRA/VEOA Deskbook
12UVD.png
By: Kitchens
Price: $190.00 On Sale! $171.00
Sku: 12UVD
Edition: 1st/2012
ISBN: 978-1-934651-66-7
Availability: IN-STOCK (released 10/20/12)
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

USERRA/VEOA Deskbook is a comprehensive compilation of the statutes, regulations, and case law governing the Uniformed Services Employment and Reemployment Rights Act and Veterans Employment Opportunity Act. Major topics include legislative history; purpose; coverage; discrimination and retaliation; return to duty; rights, benefits, and obligations of covered individuals; the roles of the Department of Labor and Office of Special Counsel; appeals to the Merit Systems Protection Board and appealable actions; and judicial review. (more details)



FMLA Basics
(2007) FMLA Basics By: Bosland
Price: $55.00
Sku: 07FMBA
Edition: 1st/2007
ISBN: 1-932612-95-5
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Introductory, yet comprehensive, FMLA Basics guides federal supervisors and managers through the FMLA process and law with tips, resources, and guidance for compliance. Major topics include an overview of federal sector FMLA, employee leave requests, timeliness and adequacy of leave requests, employee eligibility requirements, coverage issues, management responsibilities, requests for supporting documentation, amount of leave entitlement, how leave may be scheduled, paid leave, dealing with other employment benefits, record keeping, agency leave policies, and enforcement. (more details)



Senior Executive Service Legal Guide
(2009) Senior Executive Service Legal Guide
By: Broida & Davis
Price: $100.00 On Sale! $50.00
Sku: 09SESG
Edition: 1st/2009
ISBN: 1-934651-19-2
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

A review of the laws, regulations, statutes, and caselaw governing the federal government’s Senior Executive Service. Major topics include the history and structure of the SES, qualifications, recruitment, candidate development, selection, oversight and probation, appointments, compensation, executive development, reassignments, details and transfers, performance appraisals, awards, removal of probationers for unacceptable performance, misconduct, RIFs, moratoriums, leave, and reinstatement. (more details)



Litigating Federal Sector Employment and Labor Law Disputes
02LLLD-CD.jpg
By: Fowler & Kaplan
Price: $55.00
Sku: 02LLLD
Edition: 1st/2002
ISBN: 1-878810-76-6
Availability: Print version is out-of-stock. No current plans to reprint.
Samples: Table of Contents ------- Text Sample
Format: downloadable .pdf eBook (+ optional backup CD)

A Dewey classic, this comprehensive handbook provides advice and strategies for mastering administrative litigation before the MSPB, EEOC, FLRA, and in arbitration. Major topics include explanation of venues, initial investigation and planning, filing and answering appeals, formal and paper discovery, taking and defending depositions, motion practice, pretrial filings, hearings, closing statements, direct and cross examination, objections and evidentiary matters, writing, remedies, settlement, arbitration, enforcement, and ethical considerations. (more details)



Position Classification and Job Grading in the Federal Government
(1997) Position Classification and Job Grading in the Federal Government By: Knudsen
Price: $30.00
Sku: 97PCJG
Edition: 1st/1997
ISBN: 1-878810-40-5
Samples: Table of Contents ------- Text Sample
Format: Book (+ optional .pdf eBook on CD) or Switch to downloadable .pdf eBook

Concise and useful, this handbook explains the position classification system in the federal civil service. Major topics include background of position classification, the general schedule, classification standards and guide, job grading, reviewing authorities and appeals. (more details)



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