MSPB Law Week

March 29 – April 2, 2010

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.

“Excellent teaching and materials. Would recommend to colleague.” 2009 Participant

“I always learn something new.” 2009 Participant


Location

International Student House 1825 R Street NW Washington, DC (near DuPont Circle)

Who Should Attend

Attorneys, employees 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

Peter Broida, Renn Fowler, Ernest Hadley, and William Wiley

Status

Accepting Registrations

Fee

All five days = $1900, four days = $1520, three days = $1170, two days = $800, and one day = $420.

Printable Registration Form

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MSPB Law Week Daily Agenda 2010

  • Monday, March 29 — William Wiley. 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, March 30 — Renn Fowler and William Wiley. 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, practical exercises to develop charge framing skills.
  • Wednesday, March 31 — Renn Fowler and William Wiley. 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.
  • Thursday, April 1 — Ernest Hadley and William Wiley. Leave Abuse and Medical Issues: Overview of federal laws and entitlements, documenting AWOL and subsequent discipline; FMLA rights and abuses, approved leave terminations, unavailability for work and inability to maintain a regular schedule. Medical inability-to-perform terminations, disability retirement. “True” disability vs. non-disability medical problems; limitations on Fitness for Duty Exam authority.
  • Friday, April 2 — Peter Broida and William Wiley. 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.

Special Note

If making an individual CLE application to your state bar or commission a CLE sample from the seminar in PDF file will include speaker biographies, table of contents and timed agendas, and a representative  sample of instructional handouts will be posted with your filing after the training is held. Each day begins at 8:30am and ends at 4:00pm with an hour for lunch. Continental breakfast is served at 8:00am.

Cancellation Policy

FELTG reserves the right to cancel a session, or make changes, upon notice. Confirmed registrants may cancel no later than the close of business on the date shown below:
  • MSPB Law Week: February 26, 2010
  • Advocacy Week: March 19, 2010
  • Specialty Practices Week: April 2, 2010
  • EEOC Law Week: April 16, 2010
  • FLRA Law Week: May 7, 2010
  • Civil Service Institute: May 21, 2010
Substitutions may be made at any time with notice to FELTG, but are limited to one substitute filling in the original registrants' seminar dates. Untimely cancellations are eligible for credit slips for a future registration, provided notice is given before the start of training, but will not be granted for partial attendance. Credit slips will not be granted for no-shows.

Confirmation is by email only. If you do not receive confirmation within seven days, please call FELTG directly at 508.349.3777. On-line Registrations submitted without valid credit card number and expiration dates, or other incomplete information, are VOID. You may not be admitted to the seminar without your confirmation from FELTG. Capacity is Limited — walk-ins may not be permitted. Cancellations made timely, before given close of business dates, do not incur credit card charges. Attendees may cancel up to 30 days prior to the beginning of the first date of the seminar week without charge, and may substitute another attendee at any time. The seminar fee includes daily refreshments and all handout materials. Lunch is one hour.

Cancellations made timely, before given close of business dates, do not incur credit card charges. Attendees may cancel up to 30 days prior to the beginning of the first date of the seminar week without charge, and may substitute another attendee at any time. The seminar fee includes daily refreshments and all handout materials.
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