Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Are there specific guidelines for impact and implementation bargaining? If so, where can they be found? A: Impact and implementation bargaining is required by U.S.C. Chapter 71. Most collective bargaining agreements have a process for when and how impact and implementation bargaining occurs. At a minimum, it must occur before a decision is implemented unless management declares it has bargained to an impasse. Bill Bransford is managing partner of Shaw…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: My understanding is a GS-13 supervisor can only supervise up to a GS-12. Can a GS-13 in an acting capacity as a GS-14 supervise an individual in a permanent GS-14 position? Is this legal? A: Yes, what you describe is legal, but it is not always a good idea. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for…

Every four years, our government has a transition. Sometimes that transition is quite dramatic, with political appointees changing at virtually every position. Other times, such as this year, the change will happen on a lesser scale, but change will occur. Because of these changes at the political level, special safeguards have been enacted to protect the career civil service from being politicized when there is a presidential transition. Political appointees with previous government service recognize the value of the civil service and the reality that career federal employees are free from partisan politics as they perform their day-to-day duties. Unfortunately,…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: My top secret security clearance was revoked due to financial issues from an old business debt that turned into a lawsuit and was subsequently dropped and withdrawn. The debt still technically exists but they just can’t sue for the $80,000. Everything else, including my car and mortgage payments, are current. I disclosed the debt in the process but I was still denied. Do I have any appeal chances? Is my retirement…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I have been a FERS civilian employee for 20 years. I recently had to use more sick leave than I had accrued. Normally, the difference would be taken out of my annual leave in that situation, but this time I was charged leave without pay instead. Is this legal when I did not “request” LWOP using our OPM-71 form? My ward is now requiring us to sign an AWOL letter.…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is there an obligation to have a union representative in my office when I meet with an employee to discuss an administrative issue (i.e., leave, misconduct, time utilization, failure to follow instructions, etc.)? I am a manager and our national agreement states that, if an employee requests the presence of the union, we must agree. A: If your union contract requires the presence of a union official in certain situations,…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: My husband accepted a position to serve overseas with the Department of the Army. He left a position with another organization that does not support the war fighter effort. The position was rescinded due to medical issues that arose with the pre-deployment station. His personal doctor said he was fine to go serve. He corrected the medical issues two weeks later and now has no job to return back to.…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I am a GS-13 and my GS-14 supervisor is leaving to take a new position. His supervisor, a GS-15, is going to advertise and keep this position as a GS-14 supervisor. In the interim, he plans on doing 30-day increments of assignments with no pay increase. Most of the staff are GS-12s or below. Are there limits to how long a person can fill a higher grade without that person…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is there a difference between adverse actions and disciplinary actions? Do the Douglas factors apply to both areas? A: An adverse action is one that is covered by statute. For example, any suspension, demotion or removal is an adverse action. Some agencies and union contracts distinguish between adverse actions as more serious and disciplinary as more minor. Otherwise, a disciplinary action can include more serious adverse actions and less serious…

A frequent question from employees faced with adverse actions because of misconduct, poor performance or criminal conviction is whether these adverse actions can lead to the loss of federal annuity eligibility. The general rule, subject to some exceptions, is that even if you are fired under these circumstances, you are eligible to receive your annuity, assuming you have met the years of service and age requirements. There are nuances. The first is the distinction between being eligible for regular retirement and being eligible for discontinued service retirement when an adverse action ends your federal employment. The Office of Personnel Management…