Decision Underscores Problem with Appeals System

A recent court ruling underscores the problems FAA employees face when trying to challenge personnel decisions against them under the internal appeals system they must use (see related item above). The U.S. Court of Appeals for the Federal Circuit in its decision in Diefenderfer v. MSPB ruled that MSPB does not have authority to hear even complaints under whistleblower protection law. The employee, a safety inspector who contended that her reassignment was based on reprisal, argued that the law creating the separate FAA personnel system carved out several exceptions, including whistleblowing protections. But the court agreed with MSPB that no such exception was created.