Shortly after gaining greater authority to block personnel actions, the MSPB used that authority in a case involving alleged retaliation against a VA whistleblower.
MSPB granted a series of “stays” of a proposed removal of a physician while the Office of Special Counsel investigates, one of which expired on June 14. Before its expiration OSC sought a 90-day extension but the MSPB said it could not order that extension because with only one member it lacked the quorum needed to take such an action.
Meanwhile, though, legislation was advancing in Congress to grant MSPB that authority when it has only one member, as it does currently, and that was signed into law on June 27 as P.L. 115-42. The only sitting MSPB member then issued another temporary stay.