A Focus on Federal Sector Arbitration

Litigating cases in Federal sector employment law is a unique prospect and isn’t for the unprepared – and taking a case to Federal arbitration is also a world of its own.

This training focuses on providing tips to practice effectively and successfully in arbitration. Learn the most important aspects of the process, from getting organized to submitting documents to the techniques for effective direct- and cross-examination.

Plus, when faced with a case involving appealable adverse actions, an arbitrator must apply the same substantive standards as the Merit Systems Protection Board. The arbitrator must decide whether discipline was appropriate, and also assess whether the agency considered the relevant factors in determining the penalty. A discussion of how to use the Douglas factors will also be included, as well as strategies at leveraging the role those factors play in the arbitration process.

Attendees will also gain insight to the thought processes of the arbitrator, plus an overview of the available appellate procedures and a discussion or similarities and differences between arbitration and MSPB and EEOC hearings.

Learning objectives

• Recognize unique aspects to Federal sector arbitration.
• Identify the best techniques for educating and persuading the arbitrator.
• Explain how the facts apply in the circumstances of a particular case, and how to educate the arbitrator who may be unfamiliar with the Douglas framework in discipline cases.

Event FAQs

Is there any flexibility with course durations for Agency Direct training? 

Yes. Many agencies have requested that full-day courses be taught over two half-days to ensure maximum engagement, especially when the course is being taught virtually. Any course can be spread out over multiple days or condensed into shorter sessions. And shorter classes can often be combined to build longer courses covering more topics. We’ll be happy to discuss the options that are most convenient to you.

In what format is this class held?

The class may be held onsite at an agency location, or as a live virtual event. Virtual events are generally held using your agency’s platform (Zoom, WebEx, Teams, etc.). In certain situations where FELTG hosts, the event will be held on Zoom or Teams.

Can I earn CLE credits for this class?

CLE applications are the responsibility of each attendee; FELTG does not apply for the credits on behalf of attendees. If you are seeking CLE credit, you may use the materials provided by FELTG in submission to your state bar. You may also request a certificate of completion which will contain the number of training hours attended.

Is this Training Compliant with the 2025 Executive Orders? 

All FELTG classes are in compliance with the Trump administration’s Executive Orders.