MSPB Reports on Appeals Outcomes

Of the nearly 6,900 employee appeals to MSPB in 2007, just above half were dismissed without a hearing, usually for lack of jurisdiction or timeliness, and of those remaining about 57 percent were settled, MSPB has said. Of the roughly 1,300 cases that were adjudicated, the agency decision was upheld in 82 percent of the cases, reversed in 16 percent and the penalty was lessened in the remainder. At the three-member board level, in turn, 75 percent of appeals were denied and of the cases that were heard on appeal, the lower decision was remanded for reconsideration about 53 percent of the time, 28 percent were affirmed, 12 percent reversed and the others had varying outcomes. In turn, the Federal Circuit court of appeals upholds the board in nine-tenths of appeals.