July 28th, 2014

This week Peter Broida discusses four cases: Arnold v. MSPB, 2014-3073 (Fed. Cir. July 24, 2014 NP): timing of petitions to enforce settlements: use of notice of compliance to set a definite time limit for the petition. Gajdos v. Dept. of Army, 2014 MSPB 55 (July 22, 2014): furloughs: agency policy limitations on the exercise of discretion by agency deciding officials in furlough cases do not violate constitutional due process if the policies enforced and the discretion exercised is fair and serves financial goals to be achieved by the furlough. Weathers v. Dept. of Navy, 2014 MSPB 57 (July 24, 2014): furloughs: distinctions in the treatment of furloughed employees can be justified by legitimate organizational and geographical distinctions. Kelly v. Dept. of Army, 2014 MSPB 58 (July 24, 2014): furloughs: agencies may decide to furlough some employees and schedules others for overtime if the management decision was a resolution approach to its financial restrictions and if the agency applies its determination as to which employees to furlough in a fair and even manner.