Justia Labor & Employment Law Opinion Summaries

Reddick was employed as an FDIC “Investigation Specialist” by an initial two-year term appointment, set to expire in September 2012. In April 2012, the FDIC offered him an extension of the initial term for an additional two years. The offer stated that the “extended employment” would be “effective [September], 2012” and that the “extended appointment is subject to the conditions of employment [included in the initial appointment offer] and subject to your continued successful performance.” Reddick accepted the offer days after receipt. The FDIC revoked the extension offer in August 2012. Reddick filed a grievance on the theory that the revocation of the offer was an adverse action under 5 U.S.C. 7512 and that he was entitled to procedural protections that the FDIC did not provide him. The matter was referred to arbitration under the terms of a collective bargaining agreement. The arbitrator found the extension offer to be conditioned on Reddick’s “satisfactory work performance” and that the revocation was supported by sufficient justification. The Federal Circuit dismissed an appeal. The extension offer was still revocable by the FDIC even after acceptance by Reddick; it never matured into an effective extension, so Reddick was not “removed.” View "Reddick v. Fed. Deposit Ins. Corp." on Justia Law

Dean, a preference-eligible veteran, applied for a position as a “Recent Graduate” Wage and Hour Specialist within the Department of Labor. The announcement stated that the position “is a part of the Pathways Employment Program,” open only to “[e]ligible recent graduates from qualifying educational institutions” and separately identified job qualifications (which did not include a minimum educational requirement) and program eligibility, which required a “degree or certificate from a qualifying educational institution within the previous two years,” or previous six years for certain veterans; 34 veterans met the requirements. Dean was not considered because he had not graduated within the timeframe. Dean filed an unsuccessful Veterans Employment Opportunities Act (VEOA) appeal. The Board cited 5 U.S.C. 3302(1), authorizing the President to except positions from the competitive service, and 5 U.S.C. 3308, limiting OPM’s ability to include minimum educational requirements for positions in the competitive service that are subject to examination. The Federal Circuit affirmed, finding that that the Board had jurisdiction under section 3330a of the VEOA because sections 3302(1) and 3308 are statutes relating to veterans’ preference, and that Dean’s veterans’ preference rights under those sections were not violated. View "Dean v. Dep't of Labor" on Justia Law

The National Federation of Federal Employees Local 1442 filed a group grievance on behalf of 138 NFFE bargaining unit employees at Letterkenny Army Depot (LEAD); Local 2109 filed two grievances on behalf of all of bargaining unit employees at Watervliet Arsenal (WVA). In both grievances, the Union challenged the furloughing of bargaining unit employees for six discontinuous days between July and September in Fiscal Year 2013. The furloughs were the result of an automatic process of federal agency spending reductions called “sequestration.” Arbitrator Kaplan ruled that the furloughs of the employees at LEAD were in accordance with law. Months later, Arbitrator Gross ruled that the furloughs of WVA security employees were not in accordance with law, but that the furloughs of non-security bargaining unit employees at WVA were in accordance with law. The Federal Circuit upheld both decisions. Arbitrators Kaplan and Gross had substantial evidence before them demonstrating that the furlough decisions were reasonable management solutions to the financial restrictions placed on DOD by the sequester, thus promoting the efficiency of the service. View "Nat'l Fed'n of Fed. Employees v. Dep't of the Army" on Justia Law