Fedweek

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The main agency that hears federal employee appeals of discipline and many other workplace decisions continues to lack the quorum needed to issue such decisions, with no sign of a Senate vote on confirming nominees for all three positions.

Only one of the three seats on the Merit Systems Protection Board has been filled since January 2017. In that time, the agency’s hearing officers have continued to decide cases but decisions on appeals require agreement of at least two board members (in some cases employees can appeal into federal court instead).

The three nominees had received a generally positive response in their joint confirmation hearing in July but there has been no movement since, leading to speculation that the Senate will not take up the nominations this year—in turn raising questions about the course from there. The current lone member already is in temporary holdover status and can remain in office no later than early March.

At the time of the confirmation hearing, the backlog of appeals at the board stood at more than 1,200, which the nominees said would be their first order of business. That figure continues to grow the longer the board lacks a quorum.