In two volumes, updated annually, this encyclopedic guide to Board cases, laws, procedure, and litigation practice is the seminal text on this complex area of the law. Major topics include 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)

With insight and practice tips, this comprehensive and practical 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 of 2012 signed by President Obama on November 27, 2012, OSC and MSPB regulations (updated as of November 13, 2012, the effective date of the MSPB’s recent regulatory revisions), noteworthy cases, and the Presidential Policy Directive (PPD-19) issued October 10, 2012. Major topics include legislative history and sources of law; MSPB basics; OSC operations; corrective and disciplinary actions; IRAs and otherwise appealable actions; grievances and whistleblower reprisal claims; stays; burdens of proof; qualifying disclosures; prima facie case and contributing factor; and remedies, damages and relief. (more details)

Updated annually, this encyclopedic guide condenses MSPB and Federal Circuit decisions from 1999 through early 2012 into concise, useable summaries. Cases are arranged by subject matter areas of Board jurisprudence and further categorized alphabetically for ease of use. 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, PPPs, retirement, reemployment, remedies, RIFs, settlements, substantive offenses, timeliness, USERRA and VEOA. (more details)

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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)

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This thorough but concise handbook offers supervisors and personnel specialists a step-by-step, practical approach to taking adverse and performance-based actions. The governing statutes and regulations are also reproduced. Major topics include the legal framework of adverse actions, jurisdiction, adverse action causes, penalties, proving the case, adverse action procedures, performance based actions, and adverse action appeals. (more details)

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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, MD-110, and Federal Rules of Evidence is also 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)

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

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Using Board and Federal Circuit cases as examples, this how-to text 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; and charges and proof requirements. (more details)

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This instructional 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)

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This guide closely examines security clearance law and procedures offering representatives a comprehensive analysis of case law, directives, adjudicative guidelines, regulations and statutes. Major topics include the history of security clearances, administrative procedures, hearing and personal appearances procedure, criminal procedure, the polygraph, appeals, cases analyses, and noteworthy court cases. (more details)

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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)

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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)

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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)

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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, statements and prehearing memos, direct and cross examination, objections and evidentiary matters, writing, remedies, settlement, arbitration, enforcement, and ethical considerations. (more details)

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This is the ultimate guide to 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. (more details)

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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)

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Presented by Peter Broida, this multi-disc video provides comprehensive instruction on MSPB litigation and procedure. Major topics include MSPB structure and jurisdiction, the Board record, appeals, motion practice, discovery practice, prehearing submissions and conferences, and the hearing notebook. (more details)

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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)

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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)

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With practical advice and tips, MSPB Practice: Advice from Judges is a instructional text on advocacy and procedure before the MSPB. Written from the perspective of two former MSPB Administrative Judges, the major topics of this book include board basics, appeal rights notice and the appeal form, the acknowledgment order, discovery, motion practice settlement and mediation, prehearing submissions, prehearing conferences, the hearing, and the initial decision and petition for review.