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MSPB Rules Against Employee Who Incorrectly Invokes Weingarten Rights

On February 29, 2012, the MSPB issued its non-precedential decision Boothe v. Army, SF-0752-10-0993-I-1 (2012). In Boothe, the Agency issued an adverse action against an employee for several specifications of refusing to follow a supervisory instruction. One of...

FLRA Upholds Arbitrator Decision Regarding Untimely Processing of Dental Allotments

On February 27, 2012, the FLRA issued U.S. Department of Justice, Bureau of Prisons, FCC Tucson, AZ and AFGE Local 3955, 66 F.L.R.A. 96 (2012), which is the first FLRA decision requiring an Agency to pay for lost dental allotments...

FLRA Upholds Arbitrator Decision Finding Late Payment of Overtime to be FLSA Violation

On March 1, 2012, the FLRA issued US Department of Justice, Bureau of Prisons, FCC Florence, CO and AFGE Local 1300, 66 FLRA 100 (2012), which constitutes the first decision specifically finding that late payment of overtime compensation is a...

MSPB Reiterates Position that Removal is Appropriate Penalty for Failure to Cooperate with an Investigation

On February 17, 2012, the MSPB issued a published decision, Hamilton v. Department of Homeland Security, 2012 WL 537569 (2012), wherein the MSPB reversed an Administrative Judge’s decision mitigating a Custom and Border Protection (CBP) employee’s removal to a fifteen...