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Dewey Publications Inc.
News and Case Alert
Issue #9-9
TABLE OF CONTENTS
New Releases

Federal Sector Harassment Law
Federal Sector Harassment Law, 2017
By: Hadley & Davis
Price: $225.00
Sku: 17FSHL
Edition: 1st/2017
More details at:
deweypub.com/fshl


Reduction in Force: A Practical Guide
Reduction in Force: A Practical Guide, 2017
By: Fowler
Price: $225.00
Sku: 17RIF
Edition: 1st/2017
More details at:
deweypub.com/rif


Administration of Leave and Medical Documentation Requests
Administration of Leave and Medical Documentation Requests, 2017
By: Laws
Price: $225.00
Sku: 17ALMD
Edition: 2nd/2017
More details at:
deweypub.com/almd


Compensatory Damages and Other Remedies
In Federal Sector Employment Discrimination Cases

Compensatory Damages and Other Remedies
By: Gilbert
Price: $250.00
Sku: 17CDOR
Edition: 9th/2017
More details at:
deweypub.com/cdor


Federal Sector Disability Discrimination Law Deskbook
Federal Sector Disability Discrimination Law Deskbook
By: Gilbert & Sumner
Price: $225.00
Sku: 17DDLD
Edition: 6th/2017
More details at:
deweypub.com/ddld


FMLA Basics
FMLA Basics, 2017
By: Bosland
Price: $75.00
Sku: 17FMBA
Edition: 2nd/2017
More details at:
deweypub.com/fmba


Consolidated Federal Sector EEO Update 2004-2017
Consolidated Federal Sector EEO Update 2004-2017
By: Gilbert & Sumner
Price: $250.00
Sku: 17CEUP
Edition: 5th/2017
More details at:
deweypub.com/ceup


MSPB Charges & Penalties
A Charging Manual
MSPB Charges & Penalties - A Charging Manual, 2017

By: Fowler & Vitaro
Price: $275.00
Sku: 17MSCP
Edition: 9th/2017
More details at:
deweypub.com/mscp


Dewey's FREE MONTHLY "News and Case Alert" keeps you up-to-date with the latest federal sector employment and labor laws, cases and news.

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FBI AGENTS GIVEN MSPB WHISTLEBLOWER DEFENSES?
NO, YES, NO.

Devotees to whistleblower cases will recall that Parkinson v. DOJ, SF-0752-13-0032-I-2 (NP 10/10/2014) (Vice Chairman Wagner dissenting), determined FBI employees were statutorily excluded from the group of "employees" who could raise whistleblowing affirmative defenses to cases otherwise within the Board's jurisdiction, e.g., an adverse action. That did not sit right with a panel of the Federal Circuit. Parkinson v. DOJ, 815 F.3d 757, 770-74 (Fed. Cir. 2016) (Judge Taranto dissented in part), parted company with the Board and determined that a whistleblower affirmative defense to an adverse action was available to an FBI agent. The ever-vigilant FBI sought and received higher-level review. Sitting en banc, the Federal Circuit vacated the panel decision and affirmed the Board's exclusionary ruling, Parkinson v. DOJ, ___F.3d___ (Fed. Cir. 2017) (Judges Plager and Linn dissenting).


SOME GAIN FOR WHISTLEBLOWERS SOME JEOPARDY FOR RETALIATORS

October 26, 2017, was the day President Trump signed into law the Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017. The statute requires training of supervisors on whistleblower protections and training to all employees on those protections and means for making protected disclosures. Supervisors found by an agency, OSC, a federal judge, or the MSPB (why were arbitrators not included?) to have committed broadly-defined whistleblower reprisal are to be proposed for at least a three-day suspension (or other action) for a first offense and removal for the second offense. Ordinary Title 5 due process and appeal procedures apply. These requirements and others, should be reviewed by reference to the statute and the Senate Report, 115-44, accompanying the legislation.


TABLES OF PENALTIES
WHAT ARE THEY WORTH?

Tables of penalties may be worthwhile, but some are inconsistently applied (or manipulated), or so broadly stated as to ranges of penalties for offenses that they provide no meaningful guidance to managers (or adjudicators). Such was the conclusion of a staff report for the House Committee on Oversight and Government Reform, Tables of Penalties: Examining Sexual Misconduct in the Federal Workplace and Lax Federal Responses (Oct. 19, 2017).




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American Civil Service Law Series
All 2017 Guides
Now Available!


A Guide to Merit Systems Protection Board Law and Practice
By: Broida
Price: $695
Sku: 17MSPB
Edition: 34th/2017
Availability: IN-STOCK
More details at:
deweypub.com/mspbguide

A Guide to Federal Labor Relations Authority Law and Practice
By: Broida
Price: $695
Sku: 17FLRA
Edition: 30th/2017
Availability: IN-STOCK
More details at:
deweypub.com/flraguide

A Guide to Federal Sector Equal Employment Law and Practice
By: Hadley
Price: $695
Sku: 17EEO
Edition: 30th/2017
Availability: IN-STOCK
More details at:
deweypub.com/eeoguide

MSPB Case Summaries
By: Broida & Davis
Price: $225
Sku: 17MSCS
Edition: 8th/2017
Availability: IN-STOCK
More details at:
deweypub.com/mscs

Coming Soon

Security Clearance
Law and Procedure
Security Clearance Law and Procedure
By: Fitch & Kuntz
Price: $225.00
Sku: 18SCLP
Edition: 4th/2018
More details at:
deweypub.com/sclp



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