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MSPB Law Week
September 17 - 21, 2012
MSPB Law Week covers the basics of charges, penalties and performance cases, with special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience.
Feedback from fall 2011 attendees:
"Excellent presentation – great job varying between beginner level and advanced level concepts."
"Excellent class – learned valuable information that is directly related to my job. Also enjoyed the stories and opinions on both sides of the fence – real-life experience cannot be found in a book."
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Location
The MAA Carriage House at 1781 Church St., NW, Washington, DC 20036
(near Dupont Circle).
Who Should Attend
Attorneys, employee and labor relations specialists, human resources generalists, union representatives, and others with a responsibility for representing either the agency or an appellant in an appeal filed with the U.S. Merit Systems Protection Board would benefit as would those advising management or employees on rights and options relative to disciplinary and performance actions. CLE credit for attorney attendees is supported by FELTG through individual applications to the registrant’s state bar.
Instructors
William Wiley, Peter Broida and Ernest Hadley
Status
Now taking winter, 2012 MSPB Law Week registrations. EARLY registration is strongly recommended as this course often sells out. Download MSPB PDF Form. FALL form coming soon.
Tuition
Five days = $1950
Four days = $1570
Three days = $1220
Two days = $850
One day = $470
MSPB Law Week Daily Agenda 2012
Monday, September 17 - Adverse Actions: The five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline
Tuesday, September 18 - Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.
Wednesday, September 19 - Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Obama-Board and big penalty mitigation changes.
Thursday, September 20 - Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Friday, September 21 - Defending Against Affirmative Defenses: Claims of malfeasance made by an employee against management, burdens of proof, harmful error allegations, whistleblower reprisal, reprisal for union activity, claims of Title VII and veterans status discrimination, consequential damages, prosecution of management officials by OSC
Hadley & Wiley
MSPB Law Week covers the basics of charges, penalties and performance cases, with special emphasis on leave abuse and medical issues. Join top MSPB practitioners and topic authors, and learn the law, strategies, and techniques from their many years of combined experience. Feedback from fall 2011 attendees:
"Excellent presentation – great job varying between beginner level and advanced level concepts."
"Excellent class – learned valuable information that is directly related to my job. Also enjoyed the stories and opinions on both sides of the fence – real-life experience cannot be found in a book."
________________________________________________________________
Location
The MAA Carriage House at 1781 Church St., NW, Washington, DC 20036 (near Dupont Circle).
Who Should Attend
Attorneys, employee and labor relations specialists, human resources generalists, union representatives, and others with a responsibility for representing either the agency or an appellant in an appeal filed with the U.S. Merit Systems Protection Board would benefit as would those advising management or employees on rights and options relative to disciplinary and performance actions. CLE credit for attorney attendees is supported by FELTG through individual applications to the registrant’s state bar.
Instructors
William Wiley, Peter Broida and Ernest Hadley
Status
Now taking winter, 2012 MSPB Law Week registrations. EARLY registration is strongly recommended as this course often sells out. Download MSPB PDF Form. FALL form coming soon.
Tuition
Five days = $1950
Four days = $1570
Three days = $1220
Two days = $850
One day = $470
MSPB Law Week Daily Agenda 2012
Monday, September 17 - Adverse Actions: The five elements of every disciplinary case and the burdens of proof, the fundamentals of penalty selection and defense, obtaining testimony to protect the penalty selection should one or more charges fail, types of evidence necessary to support a penalty selection, the MSPB’s power to mitigate a penalty and recent trends in the Board’s use of that authority, educating uninformed arbitrators, using alternatives to discipline
Tuesday, September 18 - Charges: Types of charges, parts of a charge, how charges are interpreted, the role of the proposing and deciding officials, capitalizing on the general charge, allowing the inclusion of lesser-included offenses, charging in the alternative, attractive options to difficult charges and common charging mistakes, proving the difficult “intent” charge element, a step by step approach to charge drafting.
Wednesday, September 19 - Penalties: MSPB and Federal Circuit lead cases in penalty determination, getting “intent” penalties off of “non-intent” charges, proving harsh penalties off of vanilla charges, charging down and proving up, how the maximum penalty is established, an update of recent Board and court decisions: what’s really new and what’s old wine in new bottles, placing the emphasis on notice, the Obama-Board and big penalty mitigation changes.
Thursday, September 20 - Unacceptable Performance: Performance actions in perspective, drafting a defensible performance standard, implementing PIP’s, defeating the PIP rollercoaster, accommodating disability-related poor performance, converting an unacceptable performance problem into a Part 752 disciplinary action, termination based on failing a performance quiz.
Friday, September 21 - Defending Against Affirmative Defenses: Claims of malfeasance made by an employee against management, burdens of proof, harmful error allegations, whistleblower reprisal, reprisal for union activity, claims of Title VII and veterans status discrimination, consequential damages, prosecution of management officials by OSC
Hadley & Wiley