February 2019 Federal Employment Law Training Group Newsletter

We Might Get an MSPB Soon (!)

February 2019 marks the 25th month the MSPB has been without a quorum. That means, for the past 25 months, agencies and (sometimes former) employees have been filing Petitions for Review on administrative judges’ initial decisions, and those PFRs have been stacking up higher every day. In fact, the other day then number of PFRs hit 2,000. Talk about paperwork.

However, there might be relief in sight. At 10 a.m. today the Senate Committee on Homeland Security and Governmental Affairs will vote on two nominees to the Board (the Senate was informed last night that the nominee for Vice Chairman, Andrew Maunz, had withdrawn his name), and if what we are hearing is true, the nominees are expected to be voted through to the full Senate for a confirmation vote. I’ll be there, watching live, and if anything exciting or unexpected happens we’ll be sure to let you know. Interestingly, the committee is also going to look at a proposed amendment to the law which would allow the Acting Chair’s one-year holdover status to be extended to two years, thereby giving more time to schedule a full Senate vote and guaranteeing the MSPB would not be shut down on March 1 when the Acting Chair’s term expires. These are crazy times, indeed, and we’re waiting along with you to see what happens.

In the meantime, there’s some reading to do. We hope you enjoy.

Take care,

Deborah J. Hopkins, FELTG President

Why Not Taking Performance Actions is a Big Deal

By Barbara Haga, February 13, 2019 I am shaking my head again. I was told by a supervisor in a recent class that one of his supervisors had called the servicing HR office in December about initiating an opportunity period for an employee whose appraisal cycle ends on...

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Affirmative Defenses 3: Too Little, Too Late

By Meghan Droste, February 13, 2019 Although the movie theater closest to where I live features reserved seating, small theaters, and upscale snacks, I have to admit that I don’t see movies in the theaters all that often. So many of the big movies that come out every...

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The Good News

By Ann Boehm, February 13, 2019 I know, I know.  How can there possibly be any good news after the 35-day government shutdown? But please hear me out. Those who were required to work are exhausted, exasperated, and bummed that they did not have an opportunity to clean...

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Tips from the Other Side: February 2019

By Meghan Droste, February 13, 2019 The EEO process, which should be your valentine, does not end when an agency issues a Report of Investigation. It often continues in front of an EEOC administrative judge, which means both sides spend a fair amount of time...

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Performance Requirements and PIPs, Post-Shutdown

By Deborah Hopkins, February 13, 2019 The longest shutdown in history is over, but there is a threat of yet another shutdown coming up in just a couple of days. At FELTG, we’ve gotten a LOT of questions about the shutdown, including a number on shutdown-related...

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