Legal Question in Appeals and Writs in District of Columbia

Violations of Policy Regulations in Federal Government

I work for the US Department of Education. I am a member of the collective bargaining unit. My supervisor charged me AWOL for allegedley arriving late during a pay period. Articles of the collective bargaining agreement prohibits such action. Based on this violation, I was ordered to either e-mail or to call my supervisor when I arrived daily at work. Articles of the CBA doesn't allow this procedure nor does the department personnel policy. My supervisor has given me a Proposal to Suspend based on those violations. My supervisor has continuosly been advise and shown policy statementsthat prohibits this sort of action. Also, this proposal to suspend referenced PMI-751-1 which does not apply to bargaining unit employees. Two questions: (1) Can any legal action be up held in administarative court based on violations to policy? (2) These violations are part of an EEO complaint for which the investigative stage is completed and the case in awaiting assignment of a administrative judge for a decision. Can management continue adverse personnel actions while are awaiting a decision of a judge, when those action continue to violate policy? Thanks


Asked on 11/13/08, 12:40 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Violations of Policy Regulations in Federal Government

No, such actions on the part of management could be construed as retaliation and be separate causes of action in and of themselves for which an amended complaint could be filed in behalf of the injured employee and referred to the administrative law judge.

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Answered on 11/13/08, 11:59 pm


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