Bypassing Memberless Federal Personnel Board Is Doable for Some

December 11, 2019, 6:33 PM UTC

Federal workers looking to challenge removals, suspensions, or other adverse actions face a tough choice: go to an appeals board that’s been without a quorum for almost three years and wait for a decision, or go to court despite the potential expense.

The Merit Systems Protection Board, with three members at full strength, hasn’t had a two-member quorum since January 2017 or any members at all since the end of February. As a result, it can’t hear appeals of initial decisions from MSPB administrative judges in cases alleging whistleblower retaliation, discrimination, nepotism, or other prohibited personnel practices.

The board’s ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.