July 14th, 2014
from The Dewey Publications Podcast Hosted by Peter Broida
This week Peter Broida discusses five cases: MSPB Prato-Easterling v. OPM, AT-844E-13-0352-I-1 (Nonprecedential July 7, 2014): settlements implying retirement eligibility do not control if medical evidence does not demonstrate the required degree of disability. Garay v. Dept. of Air Force, DA-0351-13-0043-I-1 (Nonprecedential July 11, 2014): a substantive error in the application of RIF procedures will result in reversal of the RIF; the harmful error rule is inapplicable. Archerda v. Dept. of Defense, 2014 MSPB 49 (Precedential July 11, 2014): describes the ability of an agency to require an employee to provide medical information pertaining to his fitness to occupy a position with medical standards. FLRA DHS, ICE & AFGE Council 118, 67 FLRA 501 (2014): considers, in the context of review of an arbitrator's award, the degree of bargaining discretion as to agency IT determinations made under the Federal Information Security Management Act. Dept. of Air Force, Sheppard AFB and AFGE Local 779, 67 FLRA 509 (2014): evaluating the proper and improper procedures for effecting a post-complaint settlement of a ULP case.
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