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The attorneys at the Zipin Law firm have experience in protecting Federal employees against claims of abuses by agency management brought under the Merit Systems Protection Board (MSPB). We represent MSPB clients nationwide.
What is the MSPB?
The MSPB is a quasi-judicial agency in the Executive branch that serves as the guardian for Federal merit systems. The Board was established under the Civil Service Reform Act of 1978 and the Civil Due Process Amendments Act. Most Federal employees who have completed a probationary period may appeal various personnel actions to the MSPB. Rulings on employees' appeals are made by the MSPB or an administrative law judge.
Responsibilities of the MSPB
The MSPB is responsible for performing merit systems studies and reviewing significant actions of the Office of Personnel Management (OPM). The Board ensures that Federal employees are protected against abuses by agency management, Executive Branch agencies make employment decisions in compliance with the merit systems principles, and that Federal merit systems are kept free of prohibited personnel practices.
The MSPB adjudicates employee appeals of personnel actions over which the Board has jurisdiction, such as removals, suspensions, lay-offs, and demotions. It also reviews appeals of administrative decisions which affect individual's rights or benefits under the Civil Service Retirement System or the Federal Employees' Retirement System.
Employee complaints filed under the Whistleblower Protection Act, the Uniformed Services Employment and Reemployment Rights Act, and the Veterans Employment Opportunities Act are also evaluated by the MSPB.
Cases brought by the Special Counsel, principally complaints of prohibited personnel practices and Hatch Political Activities Act violations are adjudicated by the Board. The MSPB examines requests to review regulations of the OPM that are suspected to require or result in the commission of a prohibited personnel practice-or reviewing such regulations on the Board's own motion.
The MSPB is responsible for ordering compliance with final Board orders and conducting studies of the Federal civil service and other merit systems in the Executive Branch to determine whether they are free from prohibited personnel practices.
Civil Service Reform Act
The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibited personnel practices which are intended to encourage overall fairness in federal personnel actions. The CSRA prohibits employees who have the authority to take specific personnel actions from discriminating against employees or applicants for employment based on sex, race, color, national origin, age, religion or disability.
The Act also states that certain personnel actions cannot be based on attributes or conduct that does not adversely affect an employee's performance. This can include marital status or political affiliation. Employers may not deceive or willfully obstruct anyone from competing for employment or give unauthorized preferential treatment to any employee or applicant. Protection for whistleblowing is also part of the CSRA, which prohibits reprisal against federal employees or applicants for exercising an appeal, complaint, or grievance right.
Your Options
All personnel actions are not appealable to the MSBP. If your claim is not appealable to the Board, it may by appealable to the OPM or be covered by an individual agency grievance procedure. If you think you may have a claim of abuse by agency management, you may want to consult with an attorney at the Zipin Law Firm to determine how you can file your claim.
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