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)

Updated annually, the 2013 EEO Guide will arrive June 2013. (more details)

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Updated annually, the EEO Guide offers the most comprehensive analysis of federal sector EEO decisions, litigation practice, statutes, regulations, policies, guidance, and practical advice available to practitioners. Major topics include jurisdiction, pre- and formal complaint processes, investigation and settlement of complaints, hearings, final agency actions, appeals, official time, theories and bases of discrimination, disabilities and GINA, reprisal, personnel actions, class actions, remedies, EEO alternatives, and attorney fees. This indispensable text is a component of the American Civil Service Law Series. (more details)

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Updated annually, the 2013 FLRA Guide will arrive May 2013. (more details)

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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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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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Labor Arbitration Practice for the Federal Sector is a comprehensive examination of the arbitration process and advocacy. With extensive strategies and tips, this how to guide is dedicated to helping union and management advocates. Major topics include advocate selection, case investigation and evaluation, arbitrator selection, case preparation, prehearing practice, witness selection and preparation, hearing specifics: opening statements, creating a record, witness testimony, direction examination, cross-examination, exhibits, and closing arguments, and post-award practice. (more details)

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Disability Deskbook is an extensive compilation of cases interpreting the Rehabilitation Act, ADA, ADAAA, and other statutes and implementing regulations and is updated and expanded on all disability related topics. Major topics include who is covered under the ADA, specific impairments, major life activities, “regarded as having a disability,” “qualified individual with a disability,” reasonable accommodation, undue hardship, direct threat defense, and disability related inquiries. (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 encyclopedic text features summaries of federal sector arbitration awards addressing significant issues and major arbitration principles from 1999 through 2010. Awards are arranged by topic and keyed to arbitrators and includes a table cross-referencing arbitrators to the awards they have issued. Major topics include the nature of arbitration, the collective bargaining agreement, arbitrability, grievances, hearings, management rights, contract interpretation, common substantive arbitration topics, settlement, remedies, counsel fee and damages. (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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Recently updated, Federal Sector Workers’ Compensation offers the most comprehensive reporting and commentary on all aspects of workers’ compensation issues in the federal sector. Major topics include an overview of the FECA, OWCP procedure, hearings, reconsideration, ECAB appeals, fact of injury, performance, causation, emotional conditions, medical evidence, continuation of pay, schedule awards, rehabilitation and reemployment, wage loss compensation, survivors’ benefits, medical benefits, representation and attorney fees, overpayments, third party liability, relationship between FECA and other laws. (more details)

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The Disability Guide is an extensive and updated examination of federal EEO disability discrimination decisions, litigation practice, statutes, regulations, and practical advice for supervisors, representatives, HR specialists, and adjudicators. Major topics include overviews of the Rehabilitation Act, the ADA, and the ADAAA, impairments, major life activities, substantial limitation, regarded as disabilities, qualified individuals, reasonable accommodation, undue hardship, forms of prohibited discrimination, timeliness and remedies, and GINA. (more details)

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Easily access rules of law and commentary on seminal collective bargaining decisions. Collective Bargaining is written for negotiators and representatives. Major topics include the change proposal, demand to bargain, obligation to bargain, information to bargain, ground rules, good faith bargaining, negotiability disputes, impasse assistance, finalizing the bargaining agreement, post-agreement obligations and challenges, and remedies. (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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Settling Disputes provides instruction on how to resolve employee grievances, appeals, and complaints. Major topics include discussion of EEO settlements, defining settlement interests, creating settlement options, and finalizing the agreement. (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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This handbook provides extensive analysis of federal sector EEOC sexual harassment case law and procedure, including EEO enforcement guidance, EEO policy guidance, statutes, and regulations. It is ideal for EEO managers, supervisors, representatives, and complainants. Major topics include tangible employment actions, hostile work environments, timeliness, nature and basis of the conduct, severe or pervasive conduct, liability for harassment, and avoiding liability. (more details)

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Effective Summary Judgment Motions offers a comprehensive analysis of EEO summary judgment case law along with practice tips and sample motions. Major topics include rules, regulations, and guidance; summary judgment standards; written motion papers; intentional discrimination cases; harassment cases; disability cases; reprisal cases; and religious accommodation cases. (more details)

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Best of the Commission explores the development of federal sector EEO law through landmark decisions of the Commission and the Supreme Court while explaining the underpinnings of current federal sector EEO law. Major topics include intentional discrimination, adverse impact, harassment, disability and age discrimination, retaliation, remedies and damages, timeliness, sanctions, contract employees, hearings, and attorney fees. (more details)

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This comprehensive guide offers an authoritative examination of the FMLA, including citation and analysis of governing statutes, regulations and case law. Major topics include a review of FMLA legislation, applicability of the FMLA in the federal government, coverage of employees and family members, eligibility, covered conditions, notice requirements, documentation, leave amount and scheduling, paid leave, maintenance of benefits, return to work, record-keeping, prohibited acts, enforcement and remedies, and the interaction of FMLA with other laws. (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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This introductory text offers a detailed overview of the EEO complaint process from counseling through appeal. It is ideal for lawyers, counselors, officers, and EEO offices. Major topics include what the EEO process is and how it works, precomplaint and informal counseling, formal complaints and acknowledgment, acceptance and dismissal, investigations, prehearing and hearing processes, settlement, and appeals. (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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A “how-to” approach to mediation with advice on how best to achieve client goals and tips on finding creative solutions for dispute resolution. This guide presents a brief, but thorough explanation of the uniqueness, benefits, and purpose of mediation. Major topics include how mediation is useful, a step-by-step overview of the mediation process, mediators, preparing for and participating in mediation, confidentiality, understanding and using the caucus, working toward resolution, impasse and difficult passages, and concluding the mediation. (more details)

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Offering an overview of the arbitration process with tips and tactics for success, this CD practicum is essential to both union and agency representatives. The course is comprehensive covering pre-arbitration preparation through closing arguments. (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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With insightful analysis, this practical and comprehensive handbook guides arbitrators and representatives through the arbitration process with an examination of major arbitration cases. (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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This audio tutorial from two professional mediators is perfect for any management, employee, or union representative engaged in mediation. An examination of the mediation process is provided, with special attention paid to the role and responsibility of the representative. (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.