Summary: Several items of interest are discussed this week by Peter Broida: AFGE Local 2266 and DHS, CBP, 69 FLRA 525 (Aug. 24, 2016) (revisiting and reaffirming the law governing "flagrant misconduct" of union representatives; Scere v. DHS (NP 0752 14 157 I 1) (failure to meet condition of employment: mitigation of removal to reassignment); Walls v. VA (NP DE-0752-13-0278-I-1) (Sept. 7, 2016) (enforcement action: difficulties presented by reliance upon agency counsel's statements as evidence of compliance); Tyner v. Dept. of Agric. (NP DC-0752-16-0098-I-1) (Sept. 7, 2016) (comparison of charges of falsification/misrepresention and lack of candor); Illiana S. V. Yang, Chair, EEOC (EEOC 0120123242) (July 11, 2016) (performance appraisal lowered in reprisal for use of leave as a disability accommodation).
