Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

In First Federal Whistleblower Retaliation Case, Fourth Circuit Explores Definition of “Rule”

While the Whistleblower Protection Enhancement Act (“WPEA”) protects whistleblowers from retaliation for disclosing a violation of law, rule, or regulation, the statute does not define those terms. In its first whistleblower retaliation case since Congress allowed whistleblower appellants from Board decisions to file in any U.S. Court of Appeals for a five-year trial period, the Fourth Circuit grappled with the definition of “rule” and its applicability to non-mandatory provisions.

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Partner Columns, News from NLEOMF National Law Enforcement Officers Memorial Fund Partner Columns, News from NLEOMF National Law Enforcement Officers Memorial Fund

Teddy Roosevelt, College Football, & Civil Service Reform

With football season well underway, the National Law Enforcement Museum thought it would be fun to share this gem from our collection. Written during Theodore Roosevelt’s time as Police Commissioner (1895-1897), this letter reveals a bit about his personality and interests. It is one of a series of correspondence between Roosevelt and E.E. Garrison, Esq. of the Yale University Foot Ball Association.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Two Employees Petition the Supreme Court to Hear Appeal Deadline Cases

On October 6, 2017, two petitions for writs of certiorari were filed with the United States Supreme Court, asking the Court to determine whether the time period for a federal employee to appeal a final order of the Merit Systems Protection Board to the United States Court of Appeals for the Federal Circuit is purely jurisdictional, and therefore cannot be “equitably tolled” under any circumstances.

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Partner Columns, Hear it from FLEOA Federal Law Enforcement Officers Association (FLEOA) Partner Columns, Hear it from FLEOA Federal Law Enforcement Officers Association (FLEOA)

Get Your 2018 Custom Jeep Wrangler JL Raffle Ticket

Due to the overwhelming success of last year’s 2016 Corvette Z06 raffle, The Federal Law Enforcement Officers Association and the National Law Enforcement Officers Memorial Fund have this year again teamed up with Brian Kaminskey to offer a raffle of a custom 2018 Jeep Wrangler JL to benefit the families of our Fallen Hero’s and contribute to building the National Law Enforcement Museum!

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Appeals Court: FBI Employees Cannot Raise Defense of Whistleblower Reprisal in Adverse Action Appeals

On October 26, 2017, the Federal Circuit Court of Appeals, after granting the Department of Justice’s petition for rehearing en banc, vacated its prior decision, and found that preference-eligible FBI employees appealing an adverse action to the Merit Systems Protection Board may not raise an affirmative defense of whistleblower reprisal, nor may they file an individual right of action (“IRA”) appeal to bring whistleblower claims to the Board.

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Federal Circuit Court Of Appeals Grants Petition For Rehearing En Banc In Due Process Case

On October 13, 2017, the United States Court of Appeals for the Federal Circuit granted a petition for rehearing en banc filed by the Department of Defense, and vacated the court’s panel opinion in Federal Education Association-Stateside Region v. Department of Defense. 841 F.3d 1362 (Fed. Cir. 2016), reversing an arbitrator’s opinion after finding a due process violation. In its October 13, 2017 order, the appeals court requested that the parties address the relevant cases and issues, but specifically requested that the parties address the court’s decisions in Sullivan v. Department of Navy, 720 F.2d 1266 (Fed. Cir. 1983) and Ryder v. United States, 585 F.2d 482 (Ct. Cl. 1978).

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Case Law Update Conor Dirks Case Law Update Conor Dirks

Dismissal of Class Action Suit Against OPM Resulting from Data Breach Appealed

In a consolidated multidistrict class action against the Office of Personnel Management following a severe data breach of OPM’s cybersecurity that affected millions of federal employees and former federal employees, federal employees and the union alleged gross negligence and a violation of constitutional rights to informational privacy, but the United States District Court for the District of Columbia dismissed the case on September 19, 2017. On October 12, 2017, the employees appealed the dismissal to the United States Court of Appeals for the D.C Circuit.

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