Merit Systems Protection Board (MSPB)
VETERANS’ PREFERENCE CLAIMS
The concept of Veterans’ Preference gives eligible veterans some level of advantage in appointment (hiring) over other applicants for federal employment. Veterans’ preference applies to new appointments (positions) both in the competitive and excepted service. In Federal civilian employment can be found in Title 5, United States Code, Section 2108 (5 U.S.C. § 2108). Not [...]
VETERANS EMPLOYMENT OPPORTUNITIES ACT OF 1998
Under the Veterans Employment Opportunities Act of 1998 (VEOA), preference eligibles who alleged that an agency has violated such individual’s rights under any statute or regulation relating to veterans’ preference may file a complaint with the Secretary of Labor, through the Veterans Employment and Training Service Agency (VETS). The complaint must be filed within 60 [...]
UNDERSTANDING THE MERIT SYSTEM PRINCIPLES
The Merit System Principles, by which the Merit Systems Protection Board, are nine basic standards governing the management of the executive branch workforce. The principles are part of the Civil Service Reform Act of 1978, and were codified (made law) at 5 U.S.C. § 2301(b). They also are available in the Reference section of this [...]
OPTIONS FOR POSTAL EMPLOYEES DISPLACED UNDER THE NATIONAL REASSESSMENT PROGRAM (NRP)
This discussion of options for Post Office worked displaced, terminated, sent home with work due to light/limited duty, or otherwise affected by the National Reassessment Process was authored by John J. Zodrow of Denver, who is a former labor/employment lawyer, current employment hearing representative, and a nationally recognized expert in public sector labor relations A former [...]
“THE MERIT PRINCIPLES” OF FEDERAL/POSTAL EMPLOYMENT
This information is provided free of charge by John Zodrow who represented hundreds of federal employees throughout the country, as well as the federal government, in MSPB and EEOC proceedings before, during and after his career as an employment attorney. Employees subject to adverse employment/personnel and/or disciplinary action, may chose to be represented by the [...]
UNDERSTANDING THE “MIXED CASE” MSPB-EEOC PROCESS
The following article is written in Question and Answer format to help the reader understand the concept of a “mixed case” as it relates to interaction between the Equal Employment Opportunity Commission (EEOC) and Merit Systems Protection Board (MSPB) processes. It is not intended to be an exhaustive or definitive discussion of a complex area [...]
MERIT SYSTEMS PROTECTION BOARD (MSPB)
The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established to protect federal employees covered under the “merit systems” against partisan political and other prohibited personnel practices, and to ensure adequate protection for employees against abuses by agency management. As a rule, federal employees who have more than one year of employment, particularly [...]
FEDERAL “MERIT PRINCIPAL” OR MERIT SYSTEM PRINCIPLES
The Merit Systems Protection Board is responsible for insuring adherence to the established “Merit System Principles,” found at 5 United States Code § 2301, by the federal government, through its executives and managers. The Board, which sits in Washington DC, utilizes administrative judges throughout the country. John J. Zodrow of Colorado represented hundreds of federal [...]
FEDERAL WHISTLEBLOWER PROTECTION
The Whistleblower Protection Act of 1989 provides the right to every federal employee to make whistleblowing disclosures and ensures protection from reprisal. This summary was edited and reviewed by John Zodrow of Colorado, a retired accountant and attorney. Any federally-employed or funded employee who has reason to believe there has been misconduct, fraud, waste, false [...]
MERIT SYSTEMS PROTECTION BOARD’s “DOUGLAS FACTORS”
The Merit Systems Protection Board (MSPB) – in a now-famous case captioned Curtis Douglas v. Veterans Administration – established criteria which federal supervisors must consider in determining appropriate disciplinary action to impose for an act or acts of employee misconduct. These twelve factors are commonly referred to as the “Douglas Factors,” and are summarized as follows: (1) [...]