The 2017 law set lesser standards for management in ordering discipline and a shortened and limited opportunity to respond or appeal, under Title 5. Image: Bruce VanLoon/Shutterstock.com
By: FEDweek StaffThe chair of the House committee overseeing the VA has urged the agency to appeal a recent MSPB decision that “hybrid” employees there are not subject to under a 2017 law that generally shortened and restricted appeals of disciplinary actions against employees there.
Rep. Mike Bost, R-Ill., of the Veterans Affairs Committee said the January decision by the merit board “is in clear violation of the law and reduces accountability at the department.”
Hybrid employees are covered partly by standard Title 5 federal employee policies and partly by Title 38 policies applying in certain medical fields at the VA. The 2017 law set lesser standards for management in ordering discipline and a shortened and limited opportunity for the employee to respond and appeal.
The MSPB decision said that the law specifically changed procedures only under Title 5 and that by not mentioning hybrid employees the law did not explicitly change their rights, leaving them subject to standard procedures. However, Bost said that Congress the 2017 law “in a way that clearly lists the specific positions it did not want included in the authority. Title 38 hybrid employees were not excluded” and therefore should be included.
“Congress provided VA this authority to create a more accountable work environment, which empowers employees to deliver on our promise to veterans. Unfortunately, the MSPB disregarded Congress’ clear intent and has undermined accountability at VA,” he wrote to the VA.
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