Developments at the OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2017.
News from Congress: On October 26, 2017, new whistleblower protection legislation was signed into law as Pub.L. 115-73. The statute makes several important changes to whistleblower reprisal protections for federal employees.
News from the Courts: On June 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a precedential decision in Lee v. U.S. Agency for International Development et al., No. 16-5276. The D.C. Circuit addressed the issue of whether a federal employee has a civil remedy for alleged false statements by managers under 18 U.S.C. § 1001.
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: 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.
News from the Federal Circuit: On June 7, 2016, the U.S. Court of Appeals for the Federal Circuit issued its precedential decision in Rainey v. Merit Systems Protection Board, No. 2015-3234. The Federal Circuit limited the application of a whistleblower protection statute.
News from the Federal Circuit: On March 22, 2016, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Hicks v. Merit Systems Protection Board, No. 2016-1091. While rejecting Ms. Hicks' appeal, the Federal Circuit followed the retroactivity analysis used by the Merit Systems Protection Board (MSPB) in its earlier decisions concerning the Whistleblower Protection Enhancement Act (WPEA), leaving the door open to some WPEA provisions retaining retroactive coverage.
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 OSC: The U.S. Office of Special Counsel (OSC) recently issued its annual report to Congress for Fiscal Year 2014.
Developments at the MSPB: On August 21, 2015, the Merit Systems Protection Board (MSPB) issued its decision in Alarid v. Dept. of the Army, 2015 MSPB 50. The MSPB reversed its administrative judge, finding a failure to explain below Mr. Alarid's burdens for proving his affirmative defenses. The MSPB also explained its standards for analyzing new protections for certain union activity deriving from the Whistleblower Protection Enhancement Act of 2012 (WPEA), as previously analyzed in this blog.