In a recent decision, the MSPB rejected an assertion commonly being raised in sequestration furlough-related appeals before it, that by causing inefficiencies, the furlough failed to meet the test that it was necessary to promote the “efficiency of the service.”
MSPB said that although “the agency admitted that the furlough created delays, mission failures, and cancellations relating to administrative or day-to-day operations, these types of disruptions are the likely result of any furlough and do not demonstrate a failure to meet the efficiency of the service standard.
“We agree with the administrative judge’s determination that the agency proved that the furlough promoted the efficiency of the service because the agency showed that the furlough was a reasonable management solution to the financial restrictions placed on it and applied its determination as to which employees to furlough in a fair and even manner.”
MSPB is swamped with more than 30,000 appeals arising from last year’s sequestration-triggered furloughs, mostly from DoD employees. Many of those cases have been consolidated and the board has now issued several key decisions that in sum make it more difficult for individual employees to prevail by giving management discretion over such operational matters unless the employee can show unequal treatment with similarly situated workers.
MSPB noted that under its precedent, agency spending decisions, including spending on personnel matters “belong to the judgment of agency managers, who are in the best position to decide what allocation of funding will best allow the agency to accomplish its mission. The efficiency of the service determination does encompass issues relating to the uniform and consistent application of the furlough, including whether the agency used a furlough to target employees for personal reasons, or attempted to exempt certain employees from the furlough without legitimate management reasons.”
The decision is here: http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=1060937&version=1065156&application=ACROBAT
