Appeal Rights Also at Stake

Also following the lead of the authorities at those two departments, the draft legislation would raise the standard of proof an agency bears when taking a performance-based action but also would restrict the Merit System Protection Board’s ability to order a lesser penalty for misconduct or poor performance—it could do so only if the penalty was “totally unwarranted.” MSPB also could render summary judgment where the facts are not in dispute, in order to speed up the appeals process, and the Federal Labor Relations Authority, which handles grievances, similarly would have to streamline its dispute resolution procedures.