The US Merit Systems Protection Board (MSPB) allows federal civil service employees to file appeals within 30 days of unfair personnel decisions. The MSPB appoints administrative law judges to hear cases, and both the employee and agency can appeal the judge’s decision. Only federal employees are eligible to participate in the process.
The US Merit Systems Protection Board (MSPB) helps safeguard the rights of federal civil service employees. Federal employees can file an MSPB appeal to protest personnel decisions that are allegedly unfair, such as a termination. Claimants must file an MSPB appeal within 30 days of the action, or within 60 days if the employee and the federal agency taking the action are attempting to resolve the dispute for the first time. If the counsel does not rule in the plaintiff’s favor, a further MSPB appeal may be filed with the United States Court of Appeals to seek judicial review of the case.
An MSPB appeal begins when a federal civil service employee makes the official request in writing. The appeal request must include basic information such as the complainant’s name, address and telephone number; name and address of the federal agency; and contact information for the plaintiff’s attorney, if any. Additional information requested includes a description of the agency’s actions, an explanation of why the actions were wrong, and any supporting materials. This information can be mailed, faxed, or hand-delivered. Appellants can also use the MSPB’s online e-Appeal form.
MSPB appeals must be filed with the local office where the objectionable action occurred. Federal employees generally must file an MSPB appeal within 30 days of the effective date of the questionable action. For example, if a federal employee is notified on October 1 that he will be demoted on November 1, an appeal must be filed by November 30. MSPB rules also state that an appeal cannot be filed until the action becomes enforceable; in this example, the appeal cannot be filed until November 1.
The MSPB appoints administrative law judges to hear these types of cases. The judge will first ask the federal agency involved to respond to the appeal and support his personal decision with documentation. The judge may also choose to hold a state hearing, also called a pre-hearing conference, before officially considering the case. These allow the parties to narrowly define the issues under discussion and provide additional opportunities for reaching an agreement. If no progress is made, the judge will hold a formal hearing or issue a decision based on the written case materials.
Both the employee and the agency can further appeal the judge’s decision. To do this, a petition for review must be submitted to the MSPB within 35 days. Three MSPB board members review the case and make a final decision. The appellant can also skip the MSPB review and file an appeal with the United States Court of Appeals for the Federal Circuit within 60 days. Given the complexity involved, it is generally recommended that appellants use an attorney to submit the United States Court of Appeals documents.
Those wishing to use the MSPB appeals process should ensure that they are eligible to do so. Only federal employees can participate in the process. Additionally, the MSPB generally does not consider complaints related to whistleblowing, discrimination, unfair labor practices or violations of the Civil Service Act. These types of complaints must be filed with other federal agencies. Contact the MSPB to determine which employees are eligible to use the system.
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