The Dewey Publications Podcast

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

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

Topics discussed this week by Peter Broida:Discussion of current events and operations at MSPB, FLRA, and OPM;Buy Dewey books at deweypub.com

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 exclusionsBuy Dewey books at deweypub.com

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, Twentynine Palms, and AFGE Local 2018, 73 FLRA 379 (Dec. 9, 2022) (temporary promotions);Buy Dewey books at deweypub.com

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 books at deweypub.com

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

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

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

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

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 FLRABuy Dewey books at deweypub.com

Topic discussed this week by Peter Broida:State of the BoardRossbach 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

Topic discussed this week by Peter Broida:Permissive Bargaining and President Biden’s Executive OrderBuy Dewey books at deweypub.com

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 of Immigration Judges)Smolinski v. MSPB (Fed. Cir. 2021-1751 Jan. 19, 2022) (whistleblower hostile environment allegations; remedial exhaustion)Gessel v. MSPB (Fed. Cir. 2021-1815 Jan. 19, 2022 NP) (whistleblower hostile environment allegations; co-worker interaction)Buy Dewey books at deweypub.com

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 negotiationsBuy Dewey books at deweypub.com

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 adjudicate appeals)Davis v. MSPB (ED Ill. No. 20-cv-2139 Nov. 9, 2020) (attempt to prevent MSPB AJs from granting HHS motions to DWOP appeals pending resolution of authority of MSPB AJs to adjudicate appeals)Buy Dewey books at deweypub.com

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

Topics discussed this week by Peter Broida:DHUD and AFGE Local 3972, 72 FLRA 450 (August 27, 2021) (jurisdictional defect in arbitration: union's failure to provide management a contractually-required notice of intent to invoke arbitration);Marine Corps Air Ground Combat Center and AFGE Local 2018, 72 FLRA 473 (September 15, 2021) (jurisdictional defect in arbitration: untimely grievance and arbitration request);DHS, C&BP and AFGE Local 3307, 72 FLRA 463 (September 8, 2021) (arbitration: counsel fee award set aside as contrary to law under several Allen factors).Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:The "clear and convincing" evidentiary standard and judicial interpretation: Insurance Co. v. Nelson, 103 U.S. 544 (1880); Helvering v. Fitch, 309 U.S. 149 (1940); Allentown Mack Sales & Serv. v. NLRB, 522 U.S. 359 (1998); Addington v. Texas, 441 U.S. 418, 425 (1979); California ex rel. Cooper v. Mitchell Brothers Santa Ana Theater, 454 U.S. 90, 93 (1981); Herman & MacLean v. Huddleston, 459 U.S. 375, 389 (1983); Colorado v. New Mexico, 467 U.S. 310 (1984).Buy Dewey books at deweypub.com

Topics discussed this week by Peter Broida:Smith v. McDonough(Fed. Cir. 20-1354) (April 24, 2021) (valuation of counsel fee requests for case reviews)OPM Guidance on labor-management partnerships and pre-decisional involvement (May 18, 2021)Buy Dewey books at deweypub.com