The Dewey Publications Podcast

Topics discussed this week by Peter Broida:AFGE Local 13 and Dept. of Army, Rock Island, Illinois, 73 FLRA 125 (July 21, 2022)Martin v. USPS, 2022 MSPB 22 (July 20, 2022)Collazo v. USPS, PH 3443-21-0263-I-1 (July 29, 2022)Buy Dewey books at deweypub.com

Topic discussed this week by Peter Broida:Comparators: Where are we going?Singh v. USPS, 2022 MSPB 15 (May 31, 2022)Buy Dewey books at deweypub.com

Topic discussed this week by Peter Broida:Lee v. VA, 2022 MSPB 11 (5/12/2022)Edwards v. Dept. of Labor, 2022 MSPB 9 (5/5/2022)Newly-confirmed Member at FLRABuy Dewey books at deweypub.com

Topic discussed this week by Peter Broida:State of the BoardRossbach v. Dept. of Interior, DC-315I-14-0066-B-1 (3/30/22)Shibuya v. Dept. of Agriculture, DE-1221-09-0295-B-1 (3/31/22)Buy Dewey books at deweypub.com

Topic discussed this week by Peter Broida:Permissive Bargaining and President Biden’s Executive OrderBuy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:AFGE Local 3369 and SSA, 72 FLRA 619 (Jan. 14, 2022) (exceptions jurisdiction: matters collateral to removals)DOJ Executive Office for Immigration Review and Nat'l. Ass'n. of Immigration Judges, IFPTE, 72 FLRA 622 (Jan 21, 2022) (management/unit status of Immigration Judges)Smolinski v. MSPB (Fed. Cir. 2021-1751 Jan. 19, 2022) (whistleblower hostile environment allegations; remedial exhaustion)Gessel v. MSPB (Fed. Cir. 2021-1815 Jan. 19, 2022 NP) (whistleblower hostile environment allegations; co-worker interaction)Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:Executive Order 14025 (April 26, 2021) and OPM Guidance ("Worker Organizing and Empowerment")Restrictions on bargaining: zipper clauses, the "covered by" doctrine, and waivers during negotiationsBuy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:Knapp v. MSPB (Fed. Cir. 2020-2122 Nov. 17, 2021 NP) (IRA jurisdiction on matters related to clearance suspension)Alvarez v. Azar (D.MD. CA CCB-20-2626 Sept. 23, 2021) (attempt to prevent HHS from lodging objections to authority of MSPB AJs to adjudicate appeals)Davis v. MSPB (ED Ill. No. 20-cv-2139 Nov. 9, 2020) (attempt to prevent MSPB AJs from granting HHS motions to DWOP appeals pending resolution of authority of MSPB AJs to adjudicate appeals)Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:Potter v. VA (Fed. Cir. 2021-1460) (October 25, 2021) (IRA factual and contributing factor (Cat's Paw) analysis).Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:DHUD and AFGE Local 3972, 72 FLRA 450 (August 27, 2021) (jurisdictional defect in arbitration: union's failure to provide management a contractually-required notice of intent to invoke arbitration);Marine Corps Air Ground Combat Center and AFGE Local 2018, 72 FLRA 473 (September 15, 2021) (jurisdictional defect in arbitration: untimely grievance and arbitration request);DHS, C&BP and AFGE Local 3307, 72 FLRA 463 (September 8, 2021) (arbitration: counsel fee award set aside as contrary to law under several Allen factors).Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:The "clear and convincing" evidentiary standard and judicial interpretation: Insurance Co. v. Nelson, 103 U.S. 544 (1880); Helvering v. Fitch, 309 U.S. 149 (1940); Allentown Mack Sales & Serv. v. NLRB, 522 U.S. 359 (1998); Addington v. Texas, 441 U.S. 418, 425 (1979); California ex rel. Cooper v. Mitchell Brothers Santa Ana Theater, 454 U.S. 90, 93 (1981); Herman & MacLean v. Huddleston, 459 U.S. 375, 389 (1983); Colorado v. New Mexico, 467 U.S. 310 (1984).Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:Smith v. McDonough(Fed. Cir. 20-1354) (April 24, 2021) (valuation of counsel fee requests for case reviews)OPM Guidance on labor-management partnerships and pre-decisional involvement (May 18, 2021)Buy Dewey books at deweypub.com

One topic discussed this week by Peter Broida:United States v. Arthrex, Inc. (Supreme Court No. 19-1434) ( June 21, 2021);Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:Beck v. Dept. of Navy (Fed. Cir. 2019-1205) (May 14, 2021) (USERRA; preselection);Buy Dewey books at deweypub.com

The hundredth podcast: Tribute to Ernie Hadley and Reflections on the State of Civil Service Law

Several items of interest are discussed this week by Peter Broida:NLRB and NLRBU, 72 FLRA 133 (March 14, 2021) (jurisdiction of arbitrator to review agency decision on debt collection);Santos v. NASA (Fed. Cir. 2019-2345) (proof of unacceptable performance before institution of a PIP);OPM Guidance to Agency Heads for Implementation of Executive Order 14,003 (March 5, 2021)Buy Dewey books at deweypub.com

Several items of interest are discussed this week by Peter Broida:Executive Order 14003 (Jan. 22, 2021), revoking Trump Executive Orders and Schedule F;Holmes v. USPS (Fed. Cir. 2019-1973 Feb. 8, 2021) (significance of arbitration awards in MSPB analysis of disparate penalties);Huang v. DHS (9th Cir. 20-70242 Jan. 15, 2021 NP) (lack of whistleblower protection for inappropriate comments to supervisor)Buy Dewey books at deweypub.com

Several items of interest are discussed this week by Peter Broida:POPA and PTO, 71 FLRA 1223 (Dec. 23, 2020) (Effect of EO 13837 on negotiability of official time and allowances, subjects of bargaining);DOJ Bureau of Prisons and AFGE Local 3690, 71 FLRA 1247 (Dec. 29, 2020) (official time and the "carve out" doctrine);DHS C&BP and AFGE Local 1929, 72 FLRA 3 (2021) (bargaining obligations: conditions of employment and working conditions)

Several items of interest are discussed this week by Peter Broida:DOJ, Executive Office of Immigration Review and Nat’l. Ass’n. of Immigration Judges, 71 FLRA 1046 (2020) (Nov. 2, 2020) (unit [management] status of judges)Hessami v. MSPB (Fed. Cir. 2019-2291 Nov. 9, 2020) (analysis required by MSPB for nonfrivolous IRA allegations)

Several items of interest are discussed this week by Peter Broida:Dept. of Agriculture, OGC (Statement of Policy & Guidance, 71 FLRA 986 (Sept. 30, 2020) (effect of rollover, renegotiation, or continuation of contracts on government-wide or agency regulations blocked by existing contract)Dept. of Education, (Statement of Policy and Guidance, 71 FLRA 968 (Sept. 30, 2020) (threshold level of changes in employment conditions required to trigger bargaining obligation);OPM regulations of October 16, 2020 (adverse and performance-based actions and settlements)Executive Order of October 21, 2020, creating Schedule F in the Excepted Service