Tweaking the hiring process to unfairly target a specific individual constituted a "pattern of cooperation” among the employees, MSPB said, though agency officials testified the practice is fairly common. That being the case, MSPB warned that managers leave themselves vulnerable to being charged with prohibited personnel practices for actions that they might otherwise consider part of the ordinary course of business.
"It is important to note that the source of the problem was not the use of DEU, LMP, a developmental GS-09, or of limiting the recruitment to the local commuting area,” MSPB said, adding, "it was the motive of those involved that constituted,” a prohibited personnel practice.
The Board held that each HR specialist should be suspended for their conduct. The first HR advisor received a 45-day suspension without pay, while the new staffing specialist received a 10-day suspension without pay.
The decision is under appeal.
