Broadened Agency Discretion under the Civil Service Reform Act of 1978,
GEORGETOWN UNIV WASHINGTON DC
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The passage of the Civil Service Reform Act of 1978 has generated numerous issues in the area of labor-management relationships, forcing both parties to balance their competing interests with respect to problems that may arise. To a large degree, the balance has tilted in favor of management preogatives, particularly in terms of negotiability issues and the establishment of performance standards. Federal employees, of course, retain grievance and appeal rights. One of the purposes of the Act has been to streamline and to simplify the different appeals procedures which may be utilized by federal employees. The primary decision for the employee to make will be whether to pursue an adverse action grievance through arbitration or the Merit Systems Protection Board hereafter MSPB or the Board. In most cases, this should not be a critical concern, since the arbitrator is largely governed by the same criteria and standards that would govern the MSPB. The Federal Labor Relations Authority hereafter FLRA will not review an adverse action case, whether grieved through arbitration or the MSPB the following step in cases of this nature will be judicial review through the Court of Claims or the U.S. Court of Appeals for the Federal Circuit.
- Sociology and Law
- Personnel Management and Labor Relations