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Wednesday | April 29, 2026 • 12 - 1:30 p.m ET
Now that the MSPB has two members of the same political party, the board’s decisions related to penalties may take on a new look as it interprets the Douglas factors a bit differently. In this live webinar, noted Douglas expert Robert Erbe will share the new MSPB’s philosophy and how it is reviewing agencies’ Douglas factors analyses.
Mr. Erbe will explain the Douglas factors analysis that must be conducted, covering how common mitigating, aggravating, and neutral factors should be weighed, and provide guidance on trouble areas where deciding officials frequently make critical errors that could lead a penalty to be overturned. Plus, you’ll be alerted to recent trends in board decisions that you need to be aware of – and what they mean to you – involving deference to deciding officials, comparator standards, serious misconduct, and clarity of notice.
You’ll leave this training equipped to:
- Conduct a proper Douglas factors analysis specific to each factor that applies
- Spot problematic penalty practices during the discipline process
- Recognize and remedy when an unnoticed aggravating factor could result in a due process violation
- Determine which mitigating factors cannot be ignored
- Identify how similarly situated employees will be compared
- And more
Meet Your Trainer
Robert Erbe has been practicing federal sector labor and employment law for more than 25 years. Currently, he is in private practice primarily representing the National Border Patrol Council. During his federal service, he handled more than 100 MSPB appeals for numerous agencies. He is considered an expert on the Douglas factors as well as MSPB practice and procedure. He also writes the “Discipline Advisor” column for cyberFEDS® and has extensive experience as a federal employment law trainer.
Who Should Attend
- Employee relations specialists
- Labor relations specialists
- HR specialists
- Agency attorneys
- Deciding officials
- Union/employee representatives
Please notify LRP Media Group in writing at conferences@lrp.com as soon as possible if you are unable to attend. Cancellations received more than 3 days prior to the event will receive a refund minus an administrative fee of $25. If you prefer, you may substitute an upcoming webinar of equal or lesser value for the one you originally registered for and we will waive the $25 administrative fee. Cancellations received less than 3 days prior to the event will not be refunded and you will be sent the MP4 recording of the event. Unpaid cancellations will be billed for the appropriate fee. LRP reserves the right to alter this program without prior notice. LRP Publications is not responsible for any problems stemming from the registrants' organization's hardware. Recording of webinars is prohibited.
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