Hey all – got an MSPB appeal (denied, won on appeal) sent back to the original AJ and I need help! So far she has limited the argument and upheld her previous decision and it seems she will likely buy the PO line of arguments again. Anyone know of any place for help with MSPB appeal? Where do we find management cannot issue a removal twice? It was rescinded-reissued by PO after MSPB award.
I’m having a tough time, I have a disability which makes things messy sometimes. When I was with the APWU (17+ yrs. as steward, officer, etc) I always had good-no-GREAT people to help me focus. Now? So if you can help respond –
Thanks Bro’s & Sister’s!
Double jeopardy is defined as trying a person twice in the same jurisdiction for the same crime, a practice prohibited by the Fifth Amendment to the Constitution. Note that it says crime. Because of that, the Merit Systems Protection Board says the constitutional prohibition against double jeopardy in criminal proceedings is not applicable in their review of administrative actions.
“It is well-settled that it is not unlawful, or grounds for alleging error, where an agency refiles the same charge against an employee included in a previous, rescinded adverse action.” — Middleton v. Department of Veterans Affairs, 64 M.S.P.R. 294, 297 (1994); Wigen v. U.S. Postal Service, 58 M.S.P.R. 381, 383 (1993).
The MSPB does not subscribe to the concepts in Article 16 of just cause and progressive discipline. It is not bound by our arbitration decisions. If a disciplinary action is revoked and then reissued for the same offense(s), challenge it in the grievance procedure.