In three 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 jurisdiction, appeals, discovery, hearings, evidence, PFRs, adverse actions and discipline, nexus and mitigation, substantive offenses, performance cases, RIFs, prohibited personnel practices, retirement, attorney fees, settlement, remedies, and judicial review. This authoritative text is a component of the American Civil Service Law Series. (more details)

Prehearing and post-hearing motions, as well as rules of motion practice are studied in this newly updated 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)

Designed for all who work on conduct and performance issues and those who litigate cases, this book serves as a quick reference to federal employment litigation questions. Answers are provided in an easy to read and thorough manner. Major topics include building the case, the hearing, and EEOC and MSPB litigation. (more details)

An authoritative examination of the FMLA, this book includes citations 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, COVID-19, Families First Coronavirus Response Act, Emergency Paid Sick Leave Act, Expanded Paid Family and Medical Leave Act, and the interaction of FMLA with other laws. (more details)

Annually-updated, a Dewey best seller. Using Board and Federal Circuit cases as examples, Charges & Penalties offers 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)

This newly updated handbook on managing federal employees covers, from a supervisor's perspective, every important aspect of human resources management from hiring to firing. This book details the rules, strategies, and tactics that federal supervisors need, including hiring the right people, structuring jobs to best motivate them, managing their performance, maintaining discipline, and managing their time. Each chapter concludes with a summary and checklist for dealing with each issue. (more details)

Newly updated, this guide 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)

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 intelligence community whistleblower protections. (more details)

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 decisions 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)

The appeal and review rights from federal processes is confusing, whether you are puzzling over the avenues from an arbitrator’s decision, from an Merit Systems Protection Board (MSPB) mixed case, a whistleblower reprisal claim, an appeal from an Federal Labor Relations Authority (FLRA) Unfair Labor Practice determination or the many other formal processes in the federal government, this book will guide you in the right direction. (more details)

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)

This thorough but concise handbook offers supervisors and personnel specialists an easy-to-read, step-by-step, practical approach to taking adverse and performance-based actions. The subject matter is not complicated by legalese. 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)

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).

This multi-disciplinary text is essential for readers seeking to navigate through the complex laws and regulations governing the administration of medical-related employee leave. Major topics include overviews of the Rehabilitation Act, ADA and ADAAA, FECA, FMLA, and OPM Medical Leave and Documentation Regulations, DFEC Procedure Manual, ADA medical exams and inquiries, storage and confidentiality of medical records, determining and implementing the appropriate leave, and returns to work. (more details)

A collection of frequently used materials from the EEOC, FLRA, and MSPB. These materials are of interest to agency employees, mediators, arbitrators, attorneys, and administrative law judges, as well as those seeking further specifics and/or clarification on procedure related to management, due process, disciplinary action in the workplace, and legal determinations impacting employment status. A download link will be sent in the confirmation email after the item is purchased.

Available in .pdf form with optional back-up CD and material includes EEOC, FLRA, MSPB, ADA, Privacy Act, Rehabilitation Act, procedure for appeals and stay requests, and current whistleblower statues. Click here to view the Table of Contents. (more details)

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)

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)

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)

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 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)

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 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)

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)

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)

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)

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)

Whether practicing before the EEOC or the MSPB, this training software 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)

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)

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 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 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)

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)

First produced in 2005–2006, this course was reviewed and revised in 2023 to add discussion of the Board’s e-filing system, mediation programs, and video hearings, and to delete references to some procedures no longer used by the Board. The basics of the course remain the same—covering the process from filing of the appeal through issuance of the initial decision. (more details)