The Dewey Publications Podcast

Latest Episodes:

September 22nd, 2021 Sep 22, 2021

Show notes

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).
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August 26th, 2021 Aug 26, 2021

Show notes

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).
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July 19th, 2021 Jul 19, 2021

Show notes

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)
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June 24st, 2021 Jun 24, 2021

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One topic discussed this week by Peter Broida:

May 21st, 2021 May 21, 2021

Show notes

Topics discussed this week by Peter Broida:

Beck v. Dept. of Navy (Fed. Cir. 2019-1205) (May 14, 2021) (USERRA; preselection);
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April 29th, 2021 Apr 29, 2021

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

March 16th, 2021 Mar 16, 2021

Show notes

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)
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February 25th, 2021 Feb 25, 2021

Show notes

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)
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January 18th, 2021 Jan 18, 2021

Show notes

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)

November 27th, 2020 Nov 27, 2020

Show notes

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)