Norfolk Naval Shipyard sits in Portsmouth, not Norfolk, and it employs thousands of federal civilians who repair and maintain Navy ships, many of them in skilled trades. Shipyard work brings its own patterns of discipline: safety violations, attendance problems, drug testing, and lost access to restricted areas. Anyone researching Virginia federal employee law after a disciplinary notice at the shipyard should know that federal civil service rules, not Virginia state law, control the outcome. Below are six things to know, followed by five law firms that represent federal employees in Virginia.
What should Norfolk Naval Shipyard workers know about discipline?
1. Do wage grade workers have the same rights as GS employees?
Yes. Many shipyard tradespeople are paid under the Federal Wage System, often called wage grade or WG, rather than the General Schedule. Pay grade type does not reduce your discipline rights. Once you finish a one-year probationary period, removals, demotions, and suspensions of more than 14 days are generally appealable to the Merit Systems Protection Board, just as they are for GS employees.
2. How are safety violations handled?
Safety charges are among the most common at a shipyard, from skipping lockout and tagout steps to missing fall protection or personal protective equipment. Federal shipyard safety standards appear in OSHA’s rules at 29 C.F.R. Part 1915. When you reply to a safety charge, address whether you were trained on the specific rule, whether the rule was enforced consistently, and whether equipment or staffing made compliance realistic. Reporting a hazard yourself is protected activity under federal employee safety rules at 29 C.F.R. Part 1960.
3. What happens after a positive drug test?
Many shipyard positions are testing-designated, meaning employees in them are subject to random drug testing under Executive Order 12564. After a confirmed positive result, the agency must refer you to its Employee Assistance Program and remove you from duties in the testing-designated position, and it may also start disciplinary action. Ask for the laboratory documentation and the medical review officer’s findings, since chain-of-custody and review errors do occur.
4. Can attendance problems lead to removal?
Yes, and they often build gradually. A pattern of tardiness or unscheduled absences usually leads first to counseling, then a leave restriction letter requiring documentation for every sick leave request, and then charges of AWOL, meaning absence without leave. If a medical condition or family care is behind the absences, invoke the Family and Medical Leave Act in writing. Eligible federal employees can take up to 12 weeks of job-protected leave after 12 months of service.
5. What if you lose access to restricted areas?
Work on Navy vessels often requires a security clearance or a favorable access determination. If your access is suspended, the agency may place you on an indefinite suspension until the issue is resolved. An indefinite suspension of more than 14 days is generally appealable, but the MSPB cannot review the merits of a clearance decision itself, so your written response to the security concern carries most of the weight.
6. How should you reply to the proposed discipline?
For most adverse actions, you are entitled to at least 30 days’ advance notice and at least 7 days to reply in writing and orally, with a representative. Request the evidence file, answer each charge, and address the Douglas factors, which weigh your work record, length of service, and how coworkers were disciplined for similar conduct. The Navy also publishes guidance on typical penalties for common offenses, which can help show a proposed penalty is too harsh.
Which law firms help shipyard workers with discipline?
- The Mundaca Law Firm
- Federal Practice Group
- The Devadoss Law Firm
- Berry & Berry
- Old Towne Associates
1. The Mundaca Law Firm: Virginia Federal Employee Law
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a Virginia office at 8000 Towers Crescent Drive, Suite 1350-1338, in Tysons. The firm represents federal employees from agencies across Virginia, including the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, and intelligence and military branches.
For shipyard workers facing discipline, its federal practice covers responses to proposed disciplinary actions and investigations, MSPB appeals of removals and suspensions, security clearance defense and appeals, EEO discrimination and retaliation complaints, and whistleblower retaliation complaints before the Office of Special Counsel. The firm also negotiates settlements and litigates when necessary. Consultations are confidential.
2. Federal Practice Group
A Washington, D.C. firm that focuses on federal employment matters.
3. The Devadoss Law Firm
A Washington, D.C. firm whose practice includes federal employee matters.
4. Berry & Berry
A Reston, Virginia firm whose work includes federal employment cases.
5. Old Towne Associates
An Alexandria, Virginia firm whose practice includes employment law.
What should shipyard workers do when discipline starts?
Read every notice the day it arrives and write down the reply deadline. Keep your own records of training, safety reports, leave requests, and any medical documentation. Answer each charge with facts, and argue the penalty separately. If an access or clearance issue is involved, treat it as the most urgent part of the case. If you work at Norfolk Naval Shipyard and have received proposed discipline, an attorney who focuses on Virginia federal employee law can help you build a reply and protect your appeal rights.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
