Court Addresses Hearing Rights

A recent decision by the U.S. Court of Appeals for the Federal Circuit addresses the rights of federal employees to hearings before the Merit Systems Protection Board, saying in sum that only after MSPB jurisdiction is established is the Board required to provide an employee with a hearing, and that hearing is a hearing on the merits, not a jurisdictional hearing. The court’s decision also expressed exasperation at continued misunderstanding of this issue, by the MSPB, the Justice Department and by federal agencies. For the court’s explanation, go to https://www.fedweek.com/HotFreeNews/default.asp in the hot free info section of our website.