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