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Merit Systems Protection Board: Rights and Remedies

Name: Merit Systems Protection Board: Rights and Remedies
Brand: Merit Systems Protection Board: Rights and Remedies
SKU: 589ONL
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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.

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Merit Systems Protection Board: Rights and Remedies is an essential guide for legal professionals navigating federal employment law and the procedures before the Merit Systems Protection Board (MSPB). This authoritative resource demystifies the Civil Service Reform Act and provides a thorough understanding of the MSPB's organization, structure, and practice rules. This concise and accessible volume offers valuable insights into the rights and remedies available to federal employees. This outlines procedural aspects of MSPB practice, including filing appeals, recovering attorney's fees, and enforcing Board decisions. It also delves into how the Board interprets and applies key areas of substantive law ranging from employee discipline for misconduct or poor performance to reduction-in-force actions and retirement claims. In addition, it addresses vital employee protections, including whistleblower safeguards, anti-discrimination laws, First Amendment rights, and prohibited personnel practices. It explains the limitations on agency authority and reviews relevant statutes and regulations in detail. The guide also examines the role of the Office of Special Counsel, the MSPB's review of federal employment practices, and judicial oversight highlighting the appellate process through the U.S. Court of Appeals for the Federal Circuit. This comprehensive yet readable volume is a go-to reference for understanding and practicing before the MSPB.

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Additional Information

Additional Information
SKU	589ONL
Division Name	LJP
Volumes	1
Product Types	Books
Brand	LJP
Jurisdiction	National
ISBN	978-1-58852-028-9
Page Count	0
Edition	0

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Table Of Contents

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

[1] Petition for Appeal
[2] Parties and Intervenors
[3] Agency Answer
[4] Settlements

§ 4.02 Hearing Rights

[1] Employee Right to a Hearing
[2] Agency Request for a Hearing
[3] Procedures

§ 4.03 Employee Right to Representation
§ 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
§ 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
§ 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
§ 6.03 Standards for the Award of Attorney Fees

[1] Prevailing Party
[2] In the Interests of Justice

§ 6.04 Reasonable 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

[1] History
[2] Powers

§ 9.02 Stays of Personnel Actions
§ 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
§ 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

[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

[1] Standard of Proof
[2] Reduction in Agency Imposed Penalties

§ 12.05 Off Duty Misconduct
§ 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

[1] Disability Retirement
[2] Nondisability Retirement

§ 13.04 Other Appeals

[1] Appeals by Probationary Employees
[2] Loyalty, Security

Author Info

Robert G. Vaughn

Robert Vaughn is a professor of law (A. Allen King Scholar) at the American University Washington College of Law. He has published on a variety of topics regarding public information law, public employment law, consumer law, and whistleblower protection. During his career at the Washington College of Law, Robert Vaughn has been Scholar-in-Residence with the law fac-ulty of Kings College of the University of London, a visiting academic with the faculty of law at Monash University in Mel-bourne, Australia, a visiting professor at the University of San Diego School of Law and a visiting professor at Ritsumeikan University School of Law in Kyoto, Japan. He has also served as a faculty member in summer programs in Santiago, Chile and Istanbul, Turkey. Among his consulting positions have been ones with the Treasury and Civil Service Committee of the House of Commons, the World Bank, and the Office of Legal Cooperation of the Organization of American States.

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