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Developments at the MSPB: MSPB Releases FY 2013 Annual Report

Developments at the MSPB: On May 30, 2014, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2013. The report discussed the current status of the MSPB's caseload of furlough appeals, as well as its overall case processing in FY2013.

The MSPB reported receiving over 32,000 furlough appeals related to FY2013 sequestration-related furloughs, as compared to an average 6,200 initial appeals received by the MSPB in an average year. This figure was almost triple the over 11,000 appeals processed by the MSPB for removals of striking air traffic controllers in the early 1980s. Of these 32,000, the MSPB as of May 30, 2014, had only issued initial dispositions in about 2,000 furlough appeals. The statistical impact of these furlough appeals on case processing will likely begin to appear in the FY2014 statistics.

Total cases processed at the regional level declined 2.8% from FY2012, with Petition for Review decisions decreasing over 9% from FY2012. MSPB original jurisdiction cases increased markedly over FY2104, led by an over 2700% increase in disciplinary cases against administrative law judges (ALJs) (163 cases in FY2013 versus only 6 in FY2012). Individual Right of Action (IRA) appeals increased 42% and retirement-related appeals increased 7% in FY2013, while termination of probationer cases decreased 26%.

If you are a federal employee in need of legal representation in matters before the MSPB, and need assistance, you might want to schedule an initial consultation with one of Passman & Kaplan's attorneys.

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