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Developments at the MSPB Archives

Developments at the MSPB: Annual Report for FY 2016

Developments at the MSPB: On January 18, 2017, the Merit Systems Protection Board (MSPB) issued its Annual Report for FY 2016. This Annual Report, which was signed by former MSPB Chair Grundmann a mere day before her departure from the MSPB to the Office of Compliance and the loss of quorum at the MSPB, provided detailed statistics concerning its caseload in FY 2016.

Developments at the MSPB: Reprisal for Whistleblower Settlement

Developments at the MSPB:  On November 22, 2016, the Merit Systems Protection Board (Board) issued its decision in Elder v. Department of the Air Force,  2016 MPSB 41.  The Board reversed the removal of Mr. Elder, finding retaliation for Mr. Elder's efforts to enforce his whistleblower complaint settlement agreement.

Developments at the MSPB: (b)(9) Prohibited Personnel Practices

Developments at the MSPB:  According to a recently-issued Government Accountability Office (GAO) report, officials of the Merit Systems Protection Board (MSPB) advised GAO that  "there have been fewer than 10 IRA appeals filed since the start of fiscal year 2013 in which only a section 2302(b)(9) claim is raised."  To help educate federal employees on some of the protections available to them under current law, Passman & Kaplan offers the following summary on what claims (b)(9) covers.

Developments at the MSPB: EEO Damages Authority Affirmed

Developments at the MSPB:  On November 18, 2016, the Merit Systems Protection Board issued its decision in Hess v. U.S. Postal Service, 2016 MSPB 40.   The Board affirmed its authority to award compensatory damages in mixed cases where discrimination is alleged.

Developments at the MSPB: MSPB Constructive Suspension Decision

Developments at the MSPB: On September 27, 2016, the Merit Systems Protection Board (Board) issued a precedential decision in Thomas v. Dept. of the Navy, 2016 MSPB 34. The Board reinstated Appellant Stephanie Thomas' dismissed constructive suspension appeal. Ms. Thomas claimed that the Agency compelled her to take 3 days/week of leave without pay (LWOP) because it had denied her reasonable accommodation request for telework, and reporting to her workplace would violate her doctor's orders. The Board found that Ms. Thomas had made a nonfrivolous allegation of constructive suspension. This decision expands the circumstances recognized in Board precedent for constructive suspension claims.

Developments at the MSPB: Whistleblower Nonfrivolous Allegation

Developments at the MSPB:  On September 1, 2016, the Merit Systems Protection Board (MSPB) issued its precedential decision in Bradley v. Dept. of Homeland Security, 2016 MSPB 30.  The MSPB reinstated Bradley's whistleblower reprisal complaint, taking the opportunity to clarify the standards of proof for showing jurisdiction over whistleblower reprisal claims.

Can federal employees be fired for something they say or write?

As a federal employee, you are in a unique position. On one hand you represent the government and its interests. On the other, you are a private citizen with constitutional rights, such as freedom of speech. Unfortunately, this duality can make it complicated when your personal views conflict with the government's and you make others aware of it.

Developments at the MSPB: Annual Report for FY 2015

Developments at the MSPB:  On February 29, 2016, the Merit Systems Protection Board (MSPB) issued its Annual Report for FY 2015.  This Annual Report, issued a mere 20 days after the MSPB's Annual Performance Report (analyzed in this blog), provided more detailed statistics concerning its caseload in FY 2015. 

Developments at the MSPB: MSPB FY 2015 Annual Performance Report

Developments at the MSPB: On February 9, 2016, the Merit Systems Protection Board (MSPB) issued its annual performance report for FY 2015. The report discussed the current status of the MSPB's caseload of furlough appeals, its overall case processing in FY 2015, and specific case statistics for whistleblower reprisal cases.

Developments at the MSPB: Suspension Reversed

Developments at the MSPB: On January 21, 2016, the Merit Systems Protection Board (MSPB) issued its decision in Martin v. U.S. Postal Service, 2016 MSPB 6. Reversing the decision below, the MSPB found that Ms. Martin had been suspended without due process, and ordered the Agency to retroactively reinstate her to duty with back pay.

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