Under the new Defense Department appeals system, employees
could appeal decisions of the internal process to MSPB so
long as they would be eligible under MSPB’s general
jurisdiction. That provision-along with a requirement that
DoD consult with MSPB in designing the system-could mean
that well-known procedures and burdens of proof will
continue to apply. However, MSPB would conduct only a
review of the record and would have to let the decisions
stand unless they are: arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
obtained without procedures required by law, rule, or
regulation having been followed; or unsupported by
substantial evidence. Employees would retain the right to
appeal from MSPB to federal court. The appeals process is
provisional for seven years and will then become permanent
unless Congress acts to revise such provisions.
