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Merit Systems Protection Board: Rights and Remedies
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This authoritative volume guides you in practicing before the Merit Systems Protection Board and helps you understand the intricacies of the Civil
Service Reform Act.
This authoritative volume guides you in practicing before the Merit Systems Protection Board and helps you understand the intricacies of the Civil Service Reform Act. It describes the organization and structure of the Board and sets out the rules of practice before it, including the recovery of attorney's fees and the enforcement of Board decisions. It also examines how substantive laws are applied by the Board, including: establishing standards and procedures for disciplining employees for unsatisfactory performance or for misconduct; overseeing reductions in force; and adjudicating retirement claims. Merit Systems Protection Board: Rights and Remedies analyzes the restrictions on agency personnel authority, including: protection of whistleblowers; anti-discrimination provisions; the First Amendment; and prohibited personnel practices, as well as relevant statutes and regulations. It explores the Board's review of employment practices; the powers of the Office of Special Counsel; and judicial review, particularly the role of the United States Court of Appeals for the Federal Circuit. This compact and readable volume can help experts as well as those seeking an introduction to the field.
Book #00589; looseleaf, one volume, 818 pages; revised edition published in 1995, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-028-9
| SKU | 589ONL |
|---|---|
| Division Name | Law Journal Press |
| Volumes | 1 |
| Product Types | Books |
| Brand | Law Journal Press |
| Jurisdiction | National |
| ISBN | 978-1-58852-028-9 |
| Page Count | 0 |
| Edition | 0 |
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PART 1
THE UNITED STATES MERIT SYSTEMS PROTECTION BOARD
CHAPTER 1
Introduction to Materials and Sources
§ 1.01 The Judicial Character of the Merit Systems Protection Board
§ 1.02 Materials Useful in Practice Before the Board
§ 1.03 The Function of the Federal Personnel Manual
CHAPTER 2
The Development of the United States Merit Systems Protection Board
§ 2.01 The History of the Civil Service Commission
§ 2.02 The Civil Service Reform Act of 1978
§ 2.03 The Relationship of the Board to Other Agencies Created by Reorganization Plans Number 1 and Number 2
CHAPTER 3
Adjudicatory Structure and Organization of the Board
§ 3.01 The Role of Administrative Judges and Administrative Law Judges
§ 3.02 The Board's Review and Control
PART II
PROCEDURES IN APPEALS AND IN OTHER CASES
CHAPTER 4 Hearing Procedures
§ 4.01 The Petition for Appeal and Agency Answer
§ 4.04 Conduct of the Pre-Hearing and Hearing
§ 4.06 Practice Pointers
CHAPTER 5
Review Procedures
§ 5.01 The Petition for Review
§ 5.02 The Standards for Review
§ 5.04 Practice Pointers
CHAPTER 6
Attorney Fees
§ 6.01 Authority for the Award of Attorney Fees
§ 6.03 Standards for the Award of Attorney Fees
§ 6.05 Attorney Fees for Representation in Court
§ 6.06 Practice Pointers
CHAPTER 7
Enforcement
§ 7.01 Enforcement Authority of the Board
§ 7.02 Compliance Procedures
§ 7.03 Agency Implementation of Board Decisions
§ 7.04 Practice Pointers
CHAPTER 8
Cases Involving Allegations of Discrimination
§ 8.01 Introduction
§ 8.02 The Board's Authority to Resolve Allegations of Discrimination
§ 8.03 Board Procedures in Mixed Cases
§ 8.04 Relationship Between the Board and the EEOC
§ 8.05 Practice Pointers
CHAPTER 9
Cases Other Than Appeals
§ 9.01 The Authority of the Office of Special Counsel
§ 9.03 Requests for Corrective Action
§ 9.04 Disciplinary Actions Against Agency Officials
§ 9.06 Actions Against Administrative Law Judges
§ 9.07 Individual Right of Action of Whistleblowers
§ 9.08 Review of OPM Regulations
§ 9.09 Practice Pointers
CHAPTER 10
Negotiated Grievance Procedures
§ 10.01 Negotiated Grievance Procedures
§ 10.02 Relationship Between Board Appeals and Negotiated Grievance Procedures
§ 10.03 Negotiated Grievance Procedures and Prohibited Personnel Practices
§ 10.04 Practice Pointers
PART III
APPEALS BEFORE THE BOARD
CHAPTER 11
Actions Under Chapter 43
§ 11.01 Introduction
§ 11.02 Coverage
§ 11.03 Agency Procedures
§ 11.04 Burden of Persuasion
§ 11.05 Relationship Between Chapter 43 and Chapter 75 Performance Based Actions
§ 11.06 Review of the Denial of In Grade Salary Increases
§ 11.07 Practice Pointers
CHAPTER 12
Actions Under Chapter 75
§ 12.01 Introduction
§ 12.02 Coverage
§ 12.06 Relationship to Previous Civil Service Law
§ 12.07 Practice Pointers
CHAPTER 13
Other Appeals
§ 13.01 Introduction
§ 13.02 Reductions in Force
Robert G. Vaughn
THE UNITED STATES MERIT SYSTEMS PROTECTION BOARD
CHAPTER 1
Introduction to Materials and Sources
§ 1.01 The Judicial Character of the Merit Systems Protection Board
§ 1.02 Materials Useful in Practice Before the Board
§ 1.03 The Function of the Federal Personnel Manual
CHAPTER 2
The Development of the United States Merit Systems Protection Board
§ 2.01 The History of the Civil Service Commission
§ 2.02 The Civil Service Reform Act of 1978
§ 2.03 The Relationship of the Board to Other Agencies Created by Reorganization Plans Number 1 and Number 2
CHAPTER 3
Adjudicatory Structure and Organization of the Board
§ 3.01 The Role of Administrative Judges and Administrative Law Judges
§ 3.02 The Board's Review and Control
PART II
PROCEDURES IN APPEALS AND IN OTHER CASES
CHAPTER 4 Hearing Procedures
§ 4.01 The Petition for Appeal and Agency Answer
[1] Petition for Appeal
[2] Parties and Intervenors
[3] Agency Answer
[4] Settlements
§ 4.02 Hearing Rights[2] Parties and Intervenors
[3] Agency Answer
[4] Settlements
[1] Employee Right to a Hearing
[2] Agency Request for a Hearing
[3] Procedures
§ 4.03 Employee Right to Representation[2] Agency Request for a Hearing
[3] Procedures
§ 4.04 Conduct of the Pre-Hearing and Hearing
[1] Settlement Conferences
[2] Subpoena Power
[3] Discovery Practice
[4] Control of Witnesses and Evidence
[5] Res Judicata and Collateral Estoppel
[6] Ex Parte Communications
[7] Official Notice
[8] Closing of the Record and Decision of the Administrative Judge
[9] Disqualification of an Administrative Judge
§ 4.05 Conclusion[2] Subpoena Power
[3] Discovery Practice
[4] Control of Witnesses and Evidence
[5] Res Judicata and Collateral Estoppel
[6] Ex Parte Communications
[7] Official Notice
[8] Closing of the Record and Decision of the Administrative Judge
[9] Disqualification of an Administrative Judge
§ 4.06 Practice Pointers
CHAPTER 5
Review Procedures
§ 5.01 The Petition for Review
§ 5.02 The Standards for Review
[1] Conditions for Review
[2] Scope of Review
§ 5.03 The Role of Board Review[2] Scope of Review
§ 5.04 Practice Pointers
CHAPTER 6
Attorney Fees
§ 6.01 Authority for the Award of Attorney Fees
[1] History of the Authority
[2] Scope of the Authority
§ 6.02 Procedures for the Award of Attorney Fees[2] Scope of the Authority
§ 6.03 Standards for the Award of Attorney Fees
[1] Prevailing Party
[2] In the Interests of Justice
§ 6.04 Reasonable Attorney Fees[2] In the Interests of Justice
§ 6.05 Attorney Fees for Representation in Court
§ 6.06 Practice Pointers
CHAPTER 7
Enforcement
§ 7.01 Enforcement Authority of the Board
§ 7.02 Compliance Procedures
§ 7.03 Agency Implementation of Board Decisions
§ 7.04 Practice Pointers
CHAPTER 8
Cases Involving Allegations of Discrimination
§ 8.01 Introduction
§ 8.02 The Board's Authority to Resolve Allegations of Discrimination
§ 8.03 Board Procedures in Mixed Cases
§ 8.04 Relationship Between the Board and the EEOC
§ 8.05 Practice Pointers
CHAPTER 9
Cases Other Than Appeals
§ 9.01 The Authority of the Office of Special Counsel
[1] History
[2] Powers
§ 9.02 Stays of Personnel Actions[2] Powers
§ 9.03 Requests for Corrective Action
§ 9.04 Disciplinary Actions Against Agency Officials
[1] Commission of Prohibited Personnel Practices
[2] Other Disciplinary Actions
§ 9.05 Procedures of the Office of Special Counsel[2] Other Disciplinary Actions
§ 9.06 Actions Against Administrative Law Judges
§ 9.07 Individual Right of Action of Whistleblowers
§ 9.08 Review of OPM Regulations
§ 9.09 Practice Pointers
CHAPTER 10
Negotiated Grievance Procedures
§ 10.01 Negotiated Grievance Procedures
§ 10.02 Relationship Between Board Appeals and Negotiated Grievance Procedures
§ 10.03 Negotiated Grievance Procedures and Prohibited Personnel Practices
§ 10.04 Practice Pointers
PART III
APPEALS BEFORE THE BOARD
CHAPTER 11
Actions Under Chapter 43
§ 11.01 Introduction
§ 11.02 Coverage
§ 11.03 Agency Procedures
§ 11.04 Burden of Persuasion
§ 11.05 Relationship Between Chapter 43 and Chapter 75 Performance Based Actions
§ 11.06 Review of the Denial of In Grade Salary Increases
§ 11.07 Practice Pointers
CHAPTER 12
Actions Under Chapter 75
§ 12.01 Introduction
§ 12.02 Coverage
[1] Employees Covered
[2] Actions Covered
[3] Actions Used to Subvert Chapter 75
[4] Cause
[5] Other Limitations
§ 12.03 Agency Procedures[2] Actions Covered
[3] Actions Used to Subvert Chapter 75
[4] Cause
[5] Other Limitations
[1] Investigations
[2] Notice and Reply
[3] Other Rights
[4] Right to a Hearing
[5] The Agency Decision
[6] Other Agency Obligations
§ 12.04 Board Review[2] Notice and Reply
[3] Other Rights
[4] Right to a Hearing
[5] The Agency Decision
[6] Other Agency Obligations
[1] Standard of Proof
[2] Reduction in Agency Imposed Penalties
§ 12.05 Off Duty Misconduct[2] Reduction in Agency Imposed Penalties
§ 12.06 Relationship to Previous Civil Service Law
§ 12.07 Practice Pointers
CHAPTER 13
Other Appeals
§ 13.01 Introduction
§ 13.02 Reductions in Force
[1] Summary of Process
[2] Coverage
[3] Reduction in Force for Impermissible Purposes
[4] Procedural Requirements
§ 13.03 Retirement[2] Coverage
[3] Reduction in Force for Impermissible Purposes
[4] Procedural Requirements
[1] Disability Retirement
[2] Nondisability Retirement
§ 13.04 Other Appeals[2] Nondisability Retirement
[1] Appeals by Probationary Employees
[2] Loyalty, Security
[2] Loyalty, Security
Robert G. Vaughn
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