MSPB’s New FAQ on Impact of Lack of Board Members

The Merit System Protection Board (MSPB) recently published on its website a new FAQ on the impact of the lack of MSPB board members.

The MSPB has a backlog of more than 3,000 pending Petitions for Review

That the MSPB has been operating without a quorum for well over four years has been widely debated, discussed and criticized. There is currently a backlog of more than 3,000 pending Petitions for Review awaiting a decision by a nonexistent board.

But what does the lack of quorum mean, in practical terms, to the individual federal employee seeking redress for his or her employee grievance with the board?

The new FAQ published by the MSPB gives a very succinct summary. Here are a few of the more salient points:

  • Because there are no board members, the MSPB cannot exercise its adjudicatory authority on petitions for review.
  • Administrative Judges (AJs) can still issue initial decisions. If one or both parties file a petition for review of the AJ’s decision, that petition for review will have to await a board decision. But if neither party opts to file a petition for review, then the AJ’s decision becomes final, but may still be appealed to an appropriate court or tribunal.
  • If you have a pending Petition for Review, you can request to withdraw the petition.

If you want to know what your options are, you can: Schedule a Call with a New York Lawyer. Hayes & Simon provides a free 15-minute initial consultation with an attorney for all prospective clients.

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