Developments at the OSC: On July 29, 2013, the U.S. Office of Special Counsel (OSC) received a stay order from the Merit Systems Protection Board (MSPB), protecting an employee from threatened detail, in a case where the employee had refused an illegal order that risked exposing classified information.
Developments at OPM: On July 16, 2013, the Office of Personnel Management (OPM) reversed course and granted the disability retirement application of Christine Bruce. OPM's move came about as a result of the July 8, 2013, precedential decision by the Merit Systems Protection Board (MSPB) in Bruce v. Office of Personnel Management, 2013 MSPB 51.
Developments at the MSPB: Recently, the Merit Systems Protection Board (MSPB) and the Department of Justice (DOJ) have squared off in the U.S. Court of Appeals for the 9th Circuit on the scope of reprisal protections for federal whistleblowers. At issue is the extent to which the Whistleblower Protection Enhancement Act of 2012 (WPEA) applies retroactively, a topic previously discussed in this blog and in Passman & Kaplan's Federal Legal Corner.