FW: Another great win over TSA

FYI

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From: MWELA-Mail@softlinkcorp.com [mailto:MWELA-Mail@softlinkcorp.com] On Behalf Of Elaine Fitch
Sent: Tuesday, January 04, 2011 3:23 PM
To: Multiple recipients of MWELA-Mail
Subject: Another great win over TSA

AJ Brian Bohlen of the MSPB in Atlanta issued the attached decision today finding that it is impermissible as a matter of law for TSA to indefinitely suspend an employee merely because the agency is conducting an investigation of the employee. The Initial Decision is based upon TSA's Management Directives, which effectively mirror Title 5's efficiency of the service standard, rather than Title 5, which for the most part is not applicable to TSA. The AJ also rejected TSA's reliance on its Handbook to the Management Directive (which permitted indefinite suspensions during an investigation), finding that it was entitled to little respect under Skidmore v. Swift & Co., 323 U.S. 134, 140 (1944).

It should be noted that near the end of the case, just before the record was to close, TSA suddenly reversed Mr. Greene's indefinite suspension, reinstated him to paid admin leave, and restored all of his benefits in an attempt to moot the case. However, in the initial appeal I had thrown in a retaliation claim and I timely filed a notice of compensatory damages which rendered the attempt to moot the case ineffective.

This is really a great decision.

Elaine L. Fitch