Federal Manager's Daily Report

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.