Legal Briefs: Too much partying

Every Friday on GovExec.com, Legal Briefs reviews cases that involve, or provide valuable lessons to, federal managers. We report on the decisions of a wide range of review panels, including the Merit Systems Protection Board, the Federal Labor Relations Authority and federal courts.

Under the Hatch Act, federal employees can't run under a party name as candidates for elective office. David L. Pierce, a Postal Service employee, snubbed the law and ran as both a Democrat and a Republican for a school board position in Oxford, Pa.

The strategy was effective- Pierce won the race for school board director. But, the Office of Special Counsel wasn't as kind to Pierce as the local voters. OSC prosecuted Pierce for violating the Hatch Act. The Merit Systems Protection Board upheld OSC's allegations. Pierce had to resign his newly won post and was suspended from his job for 30 days.

Lesson: Positioning yourself as both a Republican and Democrat does not negate the Hatch Act.

Merit Systems Protection Board (CB-1216-99-0063T-1), David L. Pierce v. Postal Service, Feb. 24, 2000.

Close Quarters

Treasury Department employee Ollice C. Holden was involved in intense financial negotiations at a hotel half a mile from Holden's office. The negotiations were scheduled to last as long as 14 hours a day, so Holden booked a room in the hotel. Midway through the negotiations, Hodlen learned his agency wouldn't reimburse him for his hotel stay.

"The distance of travel from my residence to my duty station is 32-34 miles, depending on the route," Holden explained in his appeal to the General Services Board of Contract Appeals. "If I had been required to commute daily, the late night departure and early morning arrival would have made me a less effective team member."

Unfortunately for Holden, he'll have to eat the $705 in lodging and meals expenses he incurred. Per diems are "only payable when an employee is traveling away from his official duty station," the board explained.

Lesson: If you're working long hours and want to avoid commuting, sleep in the office.

In the Matter of Ollice C. Holden, GSBCA 15175-TRAV, General Services Board of Contract Appeals, Feb. 24, 2000.

MSPB Crunches 1999 Numbers

Did you know:

• Only about 25 percent of appeals filed with the Merit Systems Protection Board are ever adjudicated? Almost half of appeals are dismissed, while the remaining 25 percent are settled outside of formal hearings.
• Of initial appeals that are adjudicated by MSPB, agencies win nearly three in four cases? In 1999, 21 percent of agency actions against employees were reversed, while another 4 percent were mitigated or modified.
• Employees are most likely to win cases against the Navy and Energy Department? MSPB found against the Navy in 31 percent of 103 adjudicated cases involving the service. Agency actions were reversed in 40 percent of cases involving DOE, but the agency faced only five adjudicated appeals in 1999.
• Of the 1,770 allegations of discrimination brought against agencies in 1999 before MSPB, discrimination was found in only seven cases (though 297 cases were settled outside of formal hearings).

Source: A Report on Cases Decided in Fiscal Year 1999, Merit Systems Protection Board