The Dewey Publications Podcast

Latest Episodes:

October 16th, 2019 Oct 16, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

Dept. of Army Medical Activity Ft. Meade and AFGE Local 1923, 71 FLRA 368 (Oct. 10, 2019) (accretion of duties)
Presidential Memorandum of October 11, 2019, on Executive Orders
OPM Proposed Rules Involving Executive Orders
SSA and AFGE Local 3627, 71 FLRA 355 (Sept. 30, 2019) (remedial authority of arbitrators)

September 17th, 2019 Sep 17, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

Feuer v. NLRB (Fed. Cir. 2019-1390) (Sept. 13, 2019)
Mount v. DHS (1st Cir. 18-1762) (Aug. 29, 2019)
Tang v. MSPB (Fed. Cir. 18-2188) (Sept. 13, 2019) (oral argument) [search on 2018-2188.mp3]

August 20th, 2019 Aug 20, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

Export-Import Bank and AFGE, 71 FLRA 248 (2019) (definition of professional employee; election requirements when through unit clarification proceeding employees entering the unit exceed 50% of the total unit)
Smith v. GSA, (Fed. Cir. 2018-1604) (July 19, 2019) (remand: application of clear and convincing evidentiary standard and Carr factors)

July 15th, 2019 Jul 15, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

AFGE Local 1633 and VA DeBakey Medical Center, 71 FLRA 211 (July 10, 2019) (attorney fee standards for grievances resulting in payment of benefits, e.g., environmental differential pay)
AFGE Local 2076 and DHS, CIS, 71 FLRA 221 (July 10, 2019) (attorney fee standards for grievances resulting in mitigation of minor disciplinary suspensions)
DL et al. v. District of Columbia, 924 F.3d 585 (2019) (application of Laffey Matrix)

June 14th, 2019 Jun 14, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

Borza v. Dept. Commerce, (Fed. Cir. 2018-1873) (nonprecedential) (May 29, 2019) (arbitration: time-served suspensions)
SSA OHA and IFPTE AALJs, 71 FLRA 123 (May 16, 2019) (election of remedies: EEO grievance)
DHS C&BP and AFGE Border Patrol Council, 71 FLRA 119 (May 15, 2019) (arbitration: official time justification)

April 24th, 2019 Apr 24, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

Lucia v. SEC (Supreme Court June 2018), and its application to the MSPB
Hiller v. DHS, (Fed. Cir. 2018-1244) (nonprecedential) (April 22, 2019) (MSPB prehearing submissions and witness statements)
DHS, C&BP and National Border Patrol Council, 71 FLRA 106 (April 10, 2019) (application of "essence" review authority to substantive determination of arbitrator on grievance concerning approval for outside employment)

March 27th, 2019 Mar 27, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

Hickey v. DHS, (Fed. Cir. 2018-1585) (nonprecedential) (March 22, 2019) (whistleblower reprisal: counsel fees [Laffey rate]; compensatory and consequential damages)

February 14th, 2019 Feb 14, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

January 24th, 2019 Jan 24, 2019

Show notes

Several items of interest are discussed this week by Peter Broida:

Koester v. US Park Police (Fed. Cir. 2017-2613) (nonprecedential) (Jan. 3, 2019) (evaluation by arbitrator of new evidence concerning mitigation))
Do v. HUD (Fed. Cir. 2018-1147) (precedential) (Jan. 14, 2019) (due process errors resulting when MSPB sustains adverse action on a charge not noticed))
EPA and AFGE Council 238, 70 FLRA No. 199 (Dec. 21, 2018) (standards for analysis of motivation in EEO challenge to nonselection)

October 16th, 2018 Oct 16, 2018

Show notes

Several items of interest are discussed this week by Peter Broida:

SBA and AFGE Local 3841, 70 FLRA 729 (July 19, 2018) (factors required to establish entitlement to a temporary promotion under a labor contract)
VA Medical Center Richmond and AFGE Local 2145, 70 FLRA 900 (October 12, 2018) (discretion of arbitrator in determining issues and remedies in the absence of a stipulated issue)
OPM Interpretive Guide on Section 5 Ensuing Integrity of Personnel Files Contained in Executive Order 13839: (October 10, 2018)