MSPB Law Week covers the basics of charges, penalties and performance cases, with special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
Become a certified MSPB practitioner: MSPB Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Monday
Adverse Actions: The five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline
Tuesday
Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.
Wednesday
Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Obama-Board and big penalty mitigation changes.
Thursday
Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Friday
Defending Against Affirmative Defenses: Claims of harmful error; whistleblower reprisal; reprisal for union activity; excessive penalty findings. Special Discussion: Recent Procedural Errors.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2050
- 4 days = $1680
- 3 days = $1290
- 2 days = $910
- 1 day = $490
As an Employee Relations Specialist, you have a challenging job –- and once you know the basics, you realize there is always more to learn. So, FELTG is happy to present Advanced Employee Relations, a three-day seminar focused on immersing you in the employee relations topics you need most.
Held in lovely San Francisco in December 2016, you’ll receive three days of in-depth training on topics including leave, performance, misconduct and more. Plus, hands-on workshops will allow you to leave with the tools you’ll need to succeed.
The program runs 8:30 – 4:00 each day.
Instructor
Daily Agenda:
Monday
Leave and Attendance: Administering leave, with particular emphasis on sick leave, LWOP, and FMLA. Detailed review of sick leave provisions including authorized purposes for use of sick leave, limitations on use of sick leave for family care and bereavement, eligibility to use leave for care, notice requirements, acceptable documentation. Management actions to control use of leave and abuse of sick leave. Detailed review of FMLA provisions including eligibility to invoke FMLA, entitlement, coverage of family members, administration and notice requirements. Aacceptable medical documentation under FMLA, definition of serious health condition. Substitution of paid leave. Discipline tied to FMLA. LWOP – when LWOP is mandatory, limits on granting LWOP, employee status while on extended LWOP. Other topics –issues related to annual leave and leave transfer, other leave entitlements.
Tuesday
Performance Management: Managing performance from system establishment to conducting annual appraisals to taking actions linked to performance. GEAR initiative and other efforts focused on modifying Federal performance management system. Requirements for performance plans, including design of agency systems, rating schemes, and procedures for conducting appraisals. Revised DOD performance system to be implemented in 2016. Linkage between appraisal and other personnel management decisions, including reduction-in-force and within-grade increases. Writing effective and measurable performance criteria that will withstand third-party review, including a workshop where participants will do an in-depth review of performance plans.
Requirements for successful performance-based actions – from drafting a PIP notice that will withstand scrutiny to conducting a bona fide PIP to ensuring that due process is met in effecting an action on unacceptable performance.
Wednesday
Misconduct and Other Related Issues: Implementation of a successful disciplinary program – delegation of authority, role of advisors, warnings and cautions, use of administrative leave. Nexus. Dealing with comparators in determining a penalty. Involuntary actions – resignations and retirements. Ordering and Offering medical examinations. Specific disciplinary situations: handling situations when an employee is unable to perform including excessive leave, disability retirement, separation disability; conduct unbecoming; misuse and technology-related misconduct; failure to meet conditions of employment
Pricing
- 3 days = $1290
- 2 days = $910
- 1 day = $490
Attention, all federal supervisors (and those who advise them): this is a program you can’t afford to miss. This week covers a range of topics including employee performance and conduct, FMLA and other leave scenarios, EEO and disability discrimination, workplace management and leadership skills, and supervising unionized employees.
As a bonus, supervisors who complete this training meet OPM’s mandatory training requirements for new supervisors found at 5 CFR 412.202(b).
The program runs 8:30 – 4:00 each day.
Instructors
William Wiley, Deborah Hopkins, Barbara Haga.
Daily Agenda:
Monday
Uncivil Servant: Holding Employees Accountable for Performance and Conduct: Fundamentals of disciplinary actions and unacceptable performance actions; establishing rules of conduct; proving misconduct; selecting a defensible penalty; providing due process via agency discipline procedures; writing valid performance standards; implement a Performance Improvement Plan; removal for unacceptable performance in 31 days.
Tuesday
The Manager’s Role in EEO: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability and reprisal; what to do if you’re a Responding Management Official in a complaint; EEO witness tips.
Wednesday
Essential Management Skills for Federal Supervisors: Communicating effectively with employees; managing a multigenerational workforce; handling difficult employees; managing a mobile workforce; mentorship; honing your presentation skills; conducting effective meetings.
Thursday
Effectively Managing Employee Leave Issues: Annual leave; sick leave; Leave Without Pay; FMLA; medical certification requirements; substitution of paid leave; leave stacking.
Friday
Supervising in a Unionized Environment: What every supervisor should know about federal labor unions; collective bargaining agreements; official time; LR meetings; an overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; unfair labor practices; controlling official time; handling information requests.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2075
- 4 days = $1705
- 3 days = $1315
- 2 days = $935
- 1 day = $515
Registered participants will receive a copy of the textbook UnCivil Servant, fourth edition (pending publication date).
MSPB Law Week covers the basics of charges, penalties and performance cases, with special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
Become a certified MSPB practitioner: MSPB Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Monday
Adverse Actions: The five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline
Tuesday
Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.
Wednesday
Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Obama-Board and big penalty mitigation changes.
Thursday
Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Friday
Defending Against Affirmative Defenses: Claims of harmful error; whistleblower reprisal; reprisal for union activity; excessive penalty findings. Special Discussion: Recent Procedural Errors.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
With a new administration in place, your guess is as good as ours about what the state of federal labor relations might become over the next few years. Some major areas of labor law haven’t changed in over 30 years, and some are poised to change soon. Every labor attorney, human resource specialist, and union representative in government needs to have both a firm foundation in the historical perspective and precedence of FLRA decisions, as well as a strategy for taking advantage of any new approaches that are coming out of an ever-evolving Federal Labor Relations Authority. This training week, updated to reflect the current state of the law, does just that.
The program runs 8:30 – 4:00 each day.
Become a certified FLRA practitioner: FLRA Law Week participants are eligible for the FELTG Certified Practitioner Program.
Instructors
William Wiley, Deborah Hopkins
Daily Agenda
Monday
Basic Management and Employee Rights: An overview of the Federal Service Labor-Management Relations Statute; fundamental employee, union, and management rights; bargaining unit definition; the union organizer’s role; information requests; and official time
Tuesday
Meetings and Bargaining: More on official time, when is the agency obligated to invite a union rep into a formal discussion, the collective bargaining process, the three categories of bargaining, management rights and management maybe’s.
Wednesday
Unfair Labor Practices and Negotiability: What happens when the FLRA comes knocking; what subjects must be bargaining, may not be bargained, and what subjects may be bargained at the agency’s discretion; the Federal Services Impasse Panel; negotiability appeals.
Thursday
Redress Alternatives and the Psychology of Bargaining: The interplay among grievances, appeals, MSPB, and EEOC; exceptions to arbitration awards; selecting a bargaining strategy; there are good ways and bad ways to implement bargaining and a lot of psychology is involved.
Friday
Two Bargaining Approaches and Arbitration Issues: Interest based bargaining as compared to hard ball bargaining, arbitration process overview, binding the arbitrator, how federal government arbitration is different from private sector arbitration and appeals, educating the arbitrator.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2070
- 4 days = $1700
- 3 days = $1310
- 2 days = $930
- 1 day = $510
This week focuses on administrative investigations in the federal workplace, with a focus on investigating employee misconduct. After an overview of the substantive law, participants will learn procedures and best practices for conducting investigations in the federal workplace, including planning the investigation, collecting evidence, dealing with witnesses, understanding types of questioning, and testifying at hearing. The week concludes with a day focused on writing an investigative report.
Sessions run from 8:30 – 4:00 each day.
This program fulfills the requirements for 32-hour EEO Investigator training and 8-hour annual EEO investigator refresher training.
Instructors
William Wiley, Deborah Hopkins, Ricky Rowe
Daily Agenda
Monday
Administrative Investigations: The Substantive Basis: Why investigate; discipline law and elements; understanding charges of misconduct; collecting penalty evidence; witness rights; union representation.
Tuesday
Conducting the Investigation, Part I: Evidentiary principles; purpose of investigation; preparing for the investigation; role of the investigator; planning the investigation.
Wednesday
Conducting the Investigation, Part II: Setting up the room; question types and techniques; conducting the interview; handling difficult witnesses; assessing credibility/lies/hearing what isn’t said; body language; interviewing exercise.
Thursday
Conducting the Investigation, Part III: Gathering other evidence; technology and investigations; high profile case considerations; when misconduct and EEO intersect; testifying at an administrative hearing; rules for being an effective witness.
Friday
Writing the Investigative Report: Organizing for the report; establishing the chronology; report writing style; report writing conventions; report organization.
Pricing
Most people attend the full training week, but you may opt out of any days you don’t plan to attend.
- 5 days = $2120
- 4 days = $1740
- 3 days = $1340
- 2 days = $950
- 1 day = $520
Holding federal employees accountable for performance and conduct is easier than you might think. Too many supervisors believe that an employee’s protected activity (EEO complaints, whistleblower disclosures, or union activity) precludes the supervisor from initiating a suspension or removal, but that’s just not true.
FELTG is here to make federal supervisors’ lives easier by clarifying those misconceptions while helping supervisors understand how to take defensible misconduct actions quickly and fairly – actions that withstand scrutiny on appeal by the MSPB, EEOC, or in grievance arbitration. Plus, if you have a non-performing employee working for you now, we show you how you can remove that employee from your workplace in 31 days, among many other things. Join us for this brand-new three-day seminar and come away with the tools you need to hold your employees accountable.
The program runs 8:30 – 4:00 each day and meets OPM’s mandatory training requirements for federal supervisors found at 5 CFR 412.202(b).
Instructors
William Wiley, Deborah Hopkins
Daily Agenda:
Tuesday
Accountability for Conduct and Performance, Part I: Accountability and supervisory authority; discipline and misconduct theory and practice; penalty defense and due process; discipline procedures and appeals; psychology of performance appraisal; performance-based removal procedures.
Wednesday
Accountability for Conduct and Performance, Part II: Completing a performance action; team workshop; mentoring programs; handling the absent employee; union considerations; understanding the federal supervisor’s personal liability in employment actions.
Thursday
Defending Against Discrimination Complaints: The Supervisor’s Role: The role of EEO in the federal government; defining protected categories: race, color, national origin, religion, sex, age, disability, genetic information and reprisal; theories of discrimination; agency defenses; what to do if you’re a Responding Management Official in a complaint; what happens if you’re called as an EEO witness.
Pricing
- 3 days = $1350
- 2 days = $960
- 1 day = $530
Seminar registration includes a copy of the textbook UnCivil Servant: Holding Employees Accountable for Performance and Conduct, 4th ed., by Wiley and Hopkins
Instructor
Course Description
This webinar is the first in FELTG’s three-part series Toolkit for a New Administration: Essential Skills and Knowledge for Federal Supervisors, Managers, and Leaders.
January 21 — Federal Employment Law: The Current Landscape: Over the last few years, President Trump issued several Executive Orders that created significant changes to labor relations, employee accountability, EEO training, and more. What will come of those EOs? Will there finally be a full Board at the MSPB? What are the new trends in EEO law? And how has the pandemic impacted agencies’ accountability systems, particularly the management of a remote workforce? FELTG President Deborah Hopkins will discuss likely upcoming legal changes, share recent critical case law, and prepare you for the year ahead.
Pricing
Early Bird Tuition (price per webinar, payment required by January 12): $240
Standard Tuition (price per webinar, payment made by January 13 or later): $270
Teleworker lines may be added to a main site registration for $50 per person, on a space-available basis.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.
Course Description
On his first day in office, President Joseph R. Biden made it clear that Federal employees are a priority: He took action to advance racial equity throughout the federal government and strengthen workplace discrimination protections based on sexual orientation and gender identity. A focus of this Administration early on has been to celebrate the diversity of the Federal workforce and to make it an inclusive place for all employees.
Now, it’s up to you. Executive Orders 13985 and 13988 denote a sense of urgency, and include agency requirements with timelines to perform necessary compliance actions, some as soon as 60 days – and the clock started ticking on January 20.
In this 60-minute webinar, FELTG President and attorney at law Deborah Hopkins will give a thorough explanation of the two first-day executive orders that call upon agencies to review current policies and procedures, and develop plans to “address unequal barriers to opportunity in agency policies and programs.” This webinar will focus on the following Executive Orders, and will also discuss other applicable actions taken by President Biden:
- Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
- Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
So where do you start? What do the Executive Orders specifically prescribe? And what’s necessary to meet those requirements? Join us on February 9 to get those answers.
Like all FELTG training events, this webinar will be updated to the minute. You can’t afford to miss it.
Instructor
Pricing
Early Bird Tuition (price per webinar, payment required by February 1): $255
Standard Tuition (price per webinar, payment made February 2 or later): $285
Remote working? Teleworker lines may be added to a main site registration for $50 per person, on a space-available basis.
Interested in registering more than 50 attendees? Contact FELTG for information about large group pricing.
Cancellation and No-show Policy for Registered Participants: Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.
Course Description
When President Biden signed Executive Order 14003, Protecting the Federal Workforce, he revoked President Trump’s Executive Orders 13836, 13837, and 13839 and eradicated the Schedule F classification mandated by Executive Order 13957. It’s been decades since the civil service has seen so much change in just one stroke of a pen.
This far-reaching Executive Order has significant impact on labor relations official time, contract negotiation timelines, topics of bargaining, performance and disciplinary actions for non-union employees, clean record settlements, and more.
You might have questions, such as:
- What does this mean if your CBAs were already renegotiated?
- Is progressive discipline going to be mandatory now?
- Do Performance Demonstration Periods have to be longer than 30 days? Can we call them PIPs again?
- What happens if your agency already sent Schedule F lists to OPM?
- What will become of the OPM regulations implementing EO 13839
- What changes if permissive bargaining is now mandatory?
In this 90-minute webinar presented by FELTG President Deborah Hopkins and FELTG Instructor Ann Boehm, you will get answers to those questions and much more. EO 14003 prescribes several specific actions that agencies must take. So where do you start? Join us on February 9 to get those answers.
Like all FELTG training events, this webinar will be updated to the minute. You can’t afford to miss it.
Instructors
Pricing
Early Bird Tuition (price per webinar, payment required by February 15): $295
Standard Tuition (price per webinar, payment made February 16 or later): $325
Remote working? Teleworker lines may be added to a main site registration for $50 per person, on a space-available basis.
Interested in registering more than 50 attendees? Contact FELTG for information about large group pricing.
Cancellation and No-show Policy for Registered Participants: Event held on Zoom. Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.
Course Description
The Executive Orders President Biden signed early on in his presidency have significantly changed the face of the federal workplace, leading to changes in workplace diversity initiatives, LGBTQ issues, labor relations official time, union contract negotiation timelines, topics of bargaining, performance and disciplinary actions for non-union employees, clean record settlements, and much more.
If you attended one of FELTG’s recent webinars on the Biden Executive Orders, then you know some of this already. But that’s not enough. OPM guidance has been provided, and that guidance could dramatically change many processes and procedures for Executive Orders 13985, 13988, and 14003. Join FELTG for this new and updated-to-the-minute comprehensive training event where President Deborah Hopkins and Instructor Ann Boehm will dive into the language of the EOs, related OPM guidance, and significant legal decisions, and interpret what it means to your day-to-day operations.
The federal workplace remains in a state of flux. The administration has nominated Kiran Ahuja to lead the Office for Personnel Management and made changes in the leadership of the EEOC and FLRA. Can nominees to the MSPB be far behind? Meanwhile, the majority of federal employees continue to work remotely, yet agencies plan for the return of vaccinated employees. Ms. Hopkins and Ms. Boehm will provide you with all of the latest information on federal employment law-related news and thoroughly explain their impact.
If you missed any of the recent FELTG webinars on the Biden Executive Orders, then hurry up and register. You have a lot to catch up on. If you already attended, this session will build on the last one with newer, updated guidance. In this 90-minute webinar, you will get the answers to all of your questions, such as:
- Does OPM guidance address what to do if your CBAs were already renegotiated?
- How have workplace protections changed for transgender employees?
- How long are Performance Demonstration Periods supposed to be?
- What has become of the OPM regulations implementing EO 13839?
- Is progressive discipline mandatory now?
- What changes if permissive bargaining is now mandatory?
- Are there any restrictions on diversity training?
And you’ll have the opportunity to ask your own questions, and get answers, in real time.
The federal workplace is undergoing a dramatic shift right now, and you can’t afford to miss this training event.
Instructors
Pricing
Early Bird Tuition (price per webinar, payment required by March 29): $295
Standard Tuition (price per webinar, payment made March 30 or later) : $325
Remote working? Teleworker lines may be added to a main site registration for $50 per person, on a space-available basis.
Interested in registering more than 50 attendees? Contact FELTG for information about large group pricing.
Cancellation and No-show Policy for Registered Participants: Event held on Webex. Cancellations made after the cancel date on the registration form will not be refunded or given credit toward future courses. Pre-paid training using the “Pay Now” option will not be refunded or given credit toward future courses. No-shows will not be refunded or given credit toward future courses.