The U. S. Merit Systems Protection Board (“MSPB”) is a quasi-judicial Board established by the Civil Service Reform Act of 1978 to adjudicate appeals by federal employees of actions such as termination of employment, demotions, and suspensions of thirty days or more; personnel actions taken as a result of a Reduction in Force (RIF); determinations concerning pension payments by agencies and the Office of Personnel Management; and other appeals and complaints. Most but not all complaints are heard by an Administrative Judge who issues an initial decision. Appeals of that decision are made by Petition for Review (PFR) to the Board in Washington, D.C. Complaints by the Office of Special Counsel (OSC) and complaints against administrative law judges generally are filed with the Board.
In hearings before the Administrative Judges, the Agency has to prove that it acted correctly and in accordance with law and regulation. With reference to affirmative defenses such as discrimination, the Employee-Appellant has the burden of proof before the MSPB.
The Merit Systems Protection Board has its own body of law from which it makes its decisions. Appeals from Board decisions are filed with the U. S. Federal Circuit Court of Appeals. This body of law is detailed and specialized. The procedural rules are different from those in federal courts, generally with shorter deadlines to proceed and respond. It is a demanding and specialized practice.
Our MSPB Attorneys have experience in Federal Discipline, Federal Reduction in Force, Federal Removal, Federal Suspension and MSPB Appeals cases. If you have been wrongfully terminated, suspended, demoted, harassed or treated unfairly, we urge you to contact our MSPB and Federal Employment Lawyers today for a case evaluation.