MSPB Law Week covers the basics of disciplinary charges and penalties, plus understanding the law and strategy in handling performance cases. 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.
The program runs 8:30 – 4:00 each day.
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: Statutory basis including the Civil Service Reform Act; the new Department of Veterans Affairs Accountability and Whistleblower Protection Act; he 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 = $2130
- 4 days = $1750
- 3 days = $1350
- 2 days = $960
- 1 day = $530
Lodging
The host hotel, the Sheraton Denver West, has a limited block of rooms set aside at the per diem rate. Call the hotel directly at 303-987-2000 and mention this training event to receive the special rate.
Instructor
Course Description
There is a lot of confusion about where the authority comes from to hold employees accountable for many things related to their positions. Position descriptions, performance plans, conduct standards, as well as requirements for training and licenses/certifications all fit into this scheme.
This two-part series will help you navigate which tool works best for building in the accountability that your agency should demand. In Part I, the focus will be on establishing effective performance elements and standards. This workshop will include detailed on guidance on writing measures that are understandable and workable as well as defensible.
FELTG Senior Instructor Barbara Haga will explain requirements for establishing various kinds of elements as well as writing standards that measure what is truly important about an employee’s performance. This workshop will include discussion of important MSPB cases about the content of standards.
Attendees will learn how to:
- Identify what critical elements and performance standards are intended to cover
- Craft workable standards that managers can explain and can effectively measure the key things regarding an employee’s performance
- Understand concepts from MSPB case law that explain how to write standards which will withstand scrutiny in grievances and appeals
Price
- Early Bird Tuition: $295 per site, per webinar (payment required by March 28)
- Standard Tuition: $335 per site, per webinar (payments made March 29 or later)
Register for both webinars by March 28 and pay only $570!
Teleworkers may be added to a main site registration for $50 per teleworker, per webinar, 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.