Fedweek Legal

On May 29, the Merit Systems Protection Board issued its annual report for fiscal year 2014, discussing the current status of the MSPB’s caseload of furlough appeals, as well as its overall case processing in FY 2014.

The report notes that the MSPB, as of the end of April 2015, has completed administrative-judge level proceedings of almost 70 percent of the furlough appeal backlog from the roughly 32,000 furlough appeals from the 2013 sequestration-related furloughs.  Of those furlough decisions, 2,200 (or roughly 10% percent of these decisions) have been appealed to the MSPB itself on Petition for Review (PFR); the MPSB has issued 950 PFR decisions so far.  The MSPB reported that the furloughs have so far been upheld in 99.5 percent of cases.


The report meanwhile shows a decrease in non-furlough related decisions; excluding the furloughs, total cases adjudicated at the MSPB regional or field office level decreased over 17 percent from 2013. The MSPB further reported that fewer cases in its Mediation Appeals Program were closed out during 2014, allegedly due to the need to divert resources to process furlough appeals.

MSPB staff changes discussed in the annual report include the end of former Vice Chair Wagner’s appointment in February 2015 as well as the appointment of new chief administrative judges or regional directors in three of its regional offices. The MSPB noted that President Obama had not yet nominated a replacement for Vice Chair Wagner as of publication of the annual report, but that the vacancy would not prevent the MSPB from issuing decisions with the Board’s remaining members.

* This information is provided by the attorneys at Passman & Kaplan, P.C., a law firm dedicated to the representation of federal employees worldwide. For more information on Passman & Kaplan, P.C., go to http://www.passmanandkaplan.com.

Passman & Kaplan announces the October 2014 publication of the Third Edition of the Federal Employees Legal Survival Guide. This comprehensive book, first authored by Passman & Kaplan in 1999, and previously updated in 2004, has been called the definitive how-to guide for enforcing the rights of federal employees. The third edition of the Guide includes about 60 pages of additional new material and useful advice. New features include information on furloughs, non-critical sensitive positions, personal liability, federal employee special categories, Internet research, the Genetic Information Nondiscrimination Act, updated privacy and medical confidentiality policies and also updated whistleblowers’ protections.