When faced with a case involving appealable adverse actions, an arbitrator must apply the same substantive standards as the Merit Systems Protection Board. The arbitrator must decide whether discipline was appropriate, and also assess whether the agency considered the relevant factors in determining the penalty. Just like an MSPB judge, the arbitrator has the authority to mitigate the penalty if it is outside the bounds of reasonableness. In this 60-minute webinar, Joe Schimansky will explain how the Douglas Factors came about and provide a detailed look at the role those factors play in the arbitration process.
Attendees will learn how to:
- Identify all 12 Douglas Factors.
- Determine whether the Douglas Factors have been appropriately considered.
- Explain how the factors apply in the circumstances of a particular case, and how to educate the arbitrator who may be unfamiliar with the Douglas framework.