The Dewey Publications Podcast
by Peter Broida
A weekly podcast on federal civil service law hosted by Peter Broida. Each monthly Peter Broida will discuss several new decisions from the MSPB, FLRA, their reviewing courts, and occasionally EEOC. Mr. Broida writes A Guide to MSPB Law and Practice, A Guide to FLRA Law and Practice, and other titles available at deweypub.com/broida. Please send all comments to deweypublications(at)gmail.com. The podcast does not provide legal advice.
Episodes
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September 18th, 2026
Topics discussed this week by Peter Broida: FLRA decisions on union dues revocations; appointment of FLRA General Counsel and FSIP members MSPB regulatory change involving penalty determinations GAO study on costs of administrative leave during deferred resignation program; OPM regulations...
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August 26th, 2026
Topics discussed this week by Peter Broida: Supreme Court action on case involving removal of MSPB Chair Harris; OPM regulatory changes divesting MSPB of appellate jurisdiction over RIFs, probationary terminations, and suitability actions; FLRA decision concerning career ladder promotion of union...
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July 6th, 2026
Topics discussed this week by Peter Broida: OPM and MSPB proposed regulations; Summary removal authority: Supreme Court decision in the Slaughter case; Resources for investigators: www.jrsstandard.com Buy Dewey books at deweypub.com
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June 15th, 2026
Topics discussed this week by Peter Broida: Implementation of Executive Order on Schedule Policy/Career; Federal Circuit appeal involving MSPB jurisdiction to review removals of immigration judges; Buy Dewey books at deweypub.com
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May 26th, 2026
Topics discussed this week by Peter Broida: FLRA year in review; MSPB case processing statistics; Buy Dewey books at deweypub.com
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April 8th, 2026
Topics discussed this week by Peter Broida: Job tenure of administrative judges Buy Dewey books at deweypub.com
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March 4th, 2026
Topics discussed this week by Peter Broida: OPM and MSPB regulations implementing Schedule Policy/Career Ninth Circuit decision concerning executive order removing statutory protections for unions Materials to read---from the Federal Judicial Center website:...
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January 8th, 2026
Topics discussed this week by Peter Broida: Probationary terminations: MSPB loss and OPM gain of appellate jurisdiction Buy Dewey books at deweypub.com
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December 23rd, 2025
Topics discussed this week by Peter Broida: Lesko v. United States (Fed. Cir. Dec. 12, 2025) (FEPA overtime requirements) Buy Dewey books at deweypub.com
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October 30th, 2025
Topics discussed this week by Peter Broida: New DOW (nee DOD) procedures for actions against unacceptable performers Buy Dewey books at deweypub.com
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October 9th, 2025
Topics discussed this week by Peter Broida: 2019 Government Employee Fair Treatment Act and OMB draft legal opinion on payment obligations for employees during shutdown Buy Dewey books at deweypub.com
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August 4th, 2025
Topics discussed this week by Peter Broida: State of the FLRA Buy Dewey books at deweypub.com
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July 21st, 2025
Topics discussed this week by Peter Broida: State of the MSPB Buy Dewey books at deweypub.com
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June 4th, 2025
Topics discussed this week by Peter Broida: Developments in EEO case processing Buy Dewey books at deweypub.com
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May 16th, 2025
Topics discussed this week by Peter Broida: Recent executive and OPM directives Buy Dewey books at deweypub.com
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April 30th, 2025
Topics discussed this week by Peter Broida: President Roosevelt’s 1933 removal of FTC Commissioner William Humprey and constitutional arguments advanced then and now in the Supreme Court concerning President Trump’s removal of MSPB Chair Cathy Harris Buy Dewey books at deweypub.com
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March 31st, 2025
Topics discussed this week by Peter Broida Executive Order invoking statutory national security exclusion to undercut federal sector contract and statutory LR protections. Peter Broida's webinar on RIFs at https://www.youtube.com/watch?v=03-UU34CGLk Buy Dewey books at deweypub.com - Reductions In...
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February 24th, 2025
Topics: Ruminations on appealing to MSPB from probationary or trial period terminations; Buy Dewey books at deweypub.com - Reductions In Force, by Renn Fowler
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February 11th, 2025
Topics: Ruminations on administrative leave; Buy Dewey books at deweypub.com
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January 21st, 2025
Topics: FLRA Member’s comments on arbitration practice; Peter Broida’s comments on executive orders from President Trump affecting federal sector personnel law; Buy Dewey books at deweypub.com
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December 9th, 2024
Topics discussed this week by Peter Broida: Peter Broida speculates on future events affecting civil service practitioners Buy Dewey books at deweypub.com
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October 28th, 2024
Topics discussed this week by Peter Broida: MSPB regulatory changes of September 9, 2024 (89 FR 72957) Buy Dewey books at deweypub.com
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October 15th, 2024
Topics discussed this week by Peter Broida: Bureau of Prisons, FCI Ashland and AFGE Local 1286, 74 FLRA 13 (Sept. 4, 2024) (Back Pay Act; exceptions); Parkinson v. DOJ, SF-0752-13-0032X-1 (Sept. 5, 2024) (enforcement proceedings); Kemp v. Dept. of Army, DA-1221-23-0434-W-1 (Sept. 20, 2024)…
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August 25th, 2024
Topics discussed this week by Peter Broida: Nishimura v. Dept. of Navy SF-0752-20-0282-I-1 (Aug. 13, 2024) (constructive suspensions); Hagg v. Bureau of Prisons (Fed. Cir. 2023-1071 NP Aug. 16, 2023) (review of arbitration awards); Buy Dewey books at deweypub.com
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July 18th, 2024
Topics discussed this week by Peter Broida: FLRA training availability; Pershing VAMC and AFGE Local 2338, 73 FLRA 904 (July 15, 2024) (failure to respond to FLRA show cause orders); Siefring v. DOJ, CH-0752-20-0509-I-1 (NP July 9, 2024) (burdens of proof for EEO and associated reprisal…
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June 17th, 2024
Topics discussed this week by Peter Broida: Rumination of Peter Broida on MSPB case processing
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May 15th, 2024
Topics discussed this week by Peter Broida: Nelson v. DHS, AT-1221-22-0186-W-1 (4/5/2024) (NP) (IRA treatment of EEO allegations made to OIG or internal agency investigative units) Gilewicz v. DHS, 2024 MSPB 7 (4/9/2024) (standards for assessing compensatory damages in whistleblower cases) Paulus...
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March 27th, 2024
Topics discussed this week by Peter Broida: Talley v. NRC, DC-3443-22-0447-I-1 (3/22/2024) (NP) (adverse action jurisdiction and locality pay) Cledera v. DOJ, DA-0752-21-0013-I-3 (3/25/2024) (NP) (due process; ex-parte information) Flannigan v. Dept. of Air Force, DC-0752-13-0367-I-4 (3/11/2024)...
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January 15th, 2024
Topics discussed this week by Peter Broida: New MSPB e-appeal system. Wriglesworth v. Dept. of Army, DC-0752-15-0860-1-2 (1/9/ 2024) (NP) (discovery and motions to compel) Luna v. DHS, 2024 MSPB 2 (1/10/2024) (misconduct investigations and immunity for criminally inculpatory information) Kelly v....
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December 4th, 2023
Topics discussed this week by Peter Broida: New MSPB e-appeal system. Trial of ChatGPT in our little area of the law. Buy Dewey books at deweypub.com
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October 12th, 2023
Topics discussed this week by Peter Broida: Consumer Financial Protection Bureau and NTEU Chapter 335, 73 FLRA 670 (Sept. 26, 2023) (approach to use in applying excessive interference test when arbitration awards involving arrangements clauses are challenged as violating statutory management...
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September 12th, 2023
Topics discussed this week by Peter Broida: Troy v. Dept. of Army, AT-0752-21-0259-I-1 (8/4/2023) (NP) (Individual Reliability Program certification); Godby v. VA, CH-1221-21-0147-W-1 (8/14/2023) (NP) (IRA burden of proof: nonselection); ABA Formal Opinion 508 (8/5/2023) ("The Ethics of Witness...
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August 2nd, 2023
Topics discussed this week by Peter Broida: McCray v. VA, CH-1221-16-0553-W-1 (7/27/2023) (NP) (hostile environment allegations in IRA appeal) Allen v. Dept. of Navy, DC-4324-16-0698-I-1 (7/20/2023) (NP) (counsel fees; prevailing party) Buy Dewey books at deweypub.com
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June 19th, 2023
Topics discussed this week by Peter Broida: AFGE Local 547 and Haley VA Hospital, 73 FLRA 581 (6/15/2023) (elections of remedies) Hanuschik v. Dept. of Army, SF-1221-16-0236-W-1 (6/15/2023) (NP) (hostile environment in IRA appeals) Buy Dewey books at deweypub.com
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May 11th, 2023
Topics discussed this week by Peter Broida: Ramirez v. Postal Service, SF-0752-18-0324-I-1 (NP May 5, 2023) (case suspensions); Buy Dewey books at deweypub.com
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March 7th, 2023
Topics discussed this week by Peter Broida: Discussion of current events and operations at MSPB, FLRA, and OPM; Buy Dewey books at deweypub.com
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February 10th, 2023
Topics discussed this week by Peter Broida: FLRA decision on petition to amend rules on requests for policy and guidance. 73 FLRA 428 (2/9/2023) OPM memo of January 26, 2023, to agencies concerning bargaining unit exclusions Buy Dewey books at deweypub.com
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December 23rd, 2022
Topics discussed this week by Peter Broida: Doe v. Dept. of State, 2022 MSPB 38 (Nov. 29, 2022) (counsel fees); Haas v. DHS, 2022 MSPB 36 (Nov. 7, 2022) (medical inability to perform); AMC Redstone Arsenal and NFFE Local 1332, 73 FLRA 356 (Dec. 8, 2022) (interlocutory exceptions); Marine Corps,...
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November 3rd, 2022
Topics discussed this week by Peter Broida: Doyle T. v. Air Force, EEOC 2022004281 (9/30/2022) (disability discrimination); Thomas v. Dept. of Army, 2022 MSPB 35 (10/20/2022) (inappropriate workplace conduct); Chin v. DOD, 2022 MSPB 34 (10/7/2022) (mitigation: dissent by Member Leavitt) Buy Dewey...
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September 30th, 2022
Topics discussed this week by Peter Broida: Oram v. Dept. of Navy, 2022 MSPB 30 (Aug. 31, 2022) (VEOA); Johnson v. Dept. of Air Force, Fed. Cir. 2021-1579 (Sept. 26, 2022) (due process); Kotsis v. Dept. of Transportation, MSPB AT-0432-16-0006-I-1 (Aug. 9, 2022) (ADA) Buy Dewey books at deweypub.com
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August 31st, 2022
Topics discussed this week by Peter Broida: NTEU v. FLRA (D.C. Cir. 20-1400 August 2, 2022) (reviewing FLRA Guidance); Bishop v. Dept. of Agric., 2022 MSPB 28 (August 18, 2022) (scope of IRA/EEO allegations) Buy Dewey books at deweypub.com
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July 31st, 2022
Topics discussed this week by Peter Broida: AFGE Local 13 and Dept. of Army, Rock Island, Illinois, 73 FLRA 125 (July 21, 2022) Martin v. USPS, 2022 MSPB 22 (July 20, 2022) Collazo v. USPS, PH 3443-21-0263-I-1 (July 29, 2022) Buy Dewey books at deweypub.com
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June 7th, 2022
Topic discussed this week by Peter Broida: Comparators: Where are we going? Singh v. USPS, 2022 MSPB 15 (May 31, 2022) Buy Dewey books at deweypub.com
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May 19th, 2022
Topic discussed this week by Peter Broida: Lee v. VA, 2022 MSPB 11 (5/12/2022) Edwards v. Dept. of Labor, 2022 MSPB 9 (5/5/2022) Newly-confirmed Member at FLRA Buy Dewey books at deweypub.com
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April 11th, 2022
Topic discussed this week by Peter Broida: State of the Board Rossbach v. Dept. of Interior, DC-315I-14-0066-B-1 (3/30/22) Shibuya v. Dept. of Agriculture, DE-1221-09-0295-B-1 (3/31/22) Buy Dewey books at deweypub.com
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February 28th, 2022
Topic discussed this week by Peter Broida: Permissive Bargaining and President Biden’s Executive Order Buy Dewey books at deweypub.com
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January 24th, 2022
Topics discussed this week by Peter Broida: AFGE Local 3369 and SSA, 72 FLRA 619 (Jan. 14, 2022) (exceptions jurisdiction: matters collateral to removals) DOJ Executive Office for Immigration Review and Nat'l. Ass'n. of Immigration Judges, IFPTE, 72 FLRA 622 (Jan 21, 2022) (management/unit status...
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December 27th, 2021
Topics discussed this week by Peter Broida: Executive Order 14025 (April 26, 2021) and OPM Guidance ("Worker Organizing and Empowerment") Restrictions on bargaining: zipper clauses, the "covered by" doctrine, and waivers during negotiations Buy Dewey books at deweypub.com
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November 22nd, 2021
Topics discussed this week by Peter Broida: Knapp v. MSPB (Fed. Cir. 2020-2122 Nov. 17, 2021 NP) (IRA jurisdiction on matters related to clearance suspension) Alvarez v. Azar (D.MD. CA CCB-20-2626 Sept. 23, 2021) (attempt to prevent HHS from lodging objections to authority of MSPB AJs to…
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October 28th, 2021
Topics discussed this week by Peter Broida: Potter v. VA (Fed. Cir. 2021-1460) (October 25, 2021) (IRA factual and contributing factor (Cat's Paw) analysis). Buy Dewey books at deweypub.com
About this show
A weekly podcast on federal civil service law hosted by Peter Broida. Each monthly Peter Broida will discuss several new decisions from the MSPB, FLRA, their reviewing courts, and occasionally EEOC. Mr. Broida writes A Guide to MSPB Law and Practice, A Guide to FLRA Law and Practice, and other titles available at deweypub.com/broida. Please send all comments to deweypublications(at)gmail.com. The podcast does not provide legal advice.
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Peter Broida
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