Streamlined Appeals System Envisioned

Another feature of the planned DHS system would be a streamlined disciplinary process that retains the same definitions for what constitutes an appealable “adverse action” but which combines the separate procedures for actions based on performance or misconduct. This includes eliminating the requirement for a “performance improvement plan” in the former type of cases, and a shortened notice and reply period. Employees would retain the right to appeal to the Merit Systems Protection Board, although MSPB would lose some authority to order management to change the action; except in cases of discrimination or other prohibited personnel practices, MSPB could merely make recommendations, which DHS could accept or reject at its discretion. Shortened processing and filing times also would apply at the MSPB stage of appeals.