Legislation (HR-559) offered in the House would allow all agencies to use a shortcut disciplinary process as an alternative to the standard process, a bill that could be used as the basis for an effort to limit federal employee appeal rights government-wide. Under the bill, an agency could take a personnel action including firing against an employee for performance or conduct reasons with as little as seven days but no more than 21 days of notice, the employee would have only seven days to file any appeal at MSPB, and the MSPB hearing officer would have to issue a decision within 30 days or else the agency’s action would prevail by default. Further, during an appeal, the MSPB generally could not stay any removal and in that time the individual could not receive any pay or other form of compensation. Those provisions largely mirror those enacted in 2014 for senior executives at the VA, which the Obama administration used only in a few cases before abandoning them in the face of a legal challenge. The government-wide authority would be at the discretion of the agency on a case-by-case basis–management could choose to use the standard notice and appeals procedures instead–but the alternative authority could easily become the method of choice for agencies because of the advantages to management.
|TSP||G Fund||F Fund||C Fund||S Fund||I Fund|