shaw bransford & roth case law update

MSPB Newsletter Highlights Adjudication Number for Fiscal Year 2015

On May 23, 2016, the Merit Systems Protection Board issued its Spring newsletter, which included its adjudication statistics for Fiscal Year 15.

As the Board noted, the last three years have been “unusual” in the sense that since FY 2013, MSPB’s regional and field offices have received over 32,000 appeals stemming from furlough actions during the government shutdown. As a result, the Board set a “new record” in case closures, closing 28,509 cases in FY 2015. Most of these case closures were affirmations or dismissals of furlough actions. A significant portion of the processed furlough cases were dismissed. Of those that survived dismissal and were decided by the MSPB, 99 percent affirmed the agency furlough actions.

Per the Board’s report, 93 percent of the thousands of furlough appeals that have been received by the MSPB have been closed, meaning that the MSPB is close to moving on from this “unusual” era.

The MSPB also processed 5,418 non-furlough appeals. Affirmation numbers for non-furlough cases that were decided by the MSPB still weighed heavily in the Agency’s favor. Of the 811 non-furlough cases adjudicated by the MSPB, 648 (80 percent) affirmed the Agency’s actions. But many more non-furlough cases were dismissed (3,326) or settled (1,281) before adjudication.

Only 139 (or 17 percent) of the non-furlough cases processed by the MSPB in FY 2015 resulted in a reversal of the Agency’s action, and a meager 18 cases (a mere 2 percent) were mitigated to a lesser penalty.

The Federal Circuit Court of Appeals is the Board’s reviewing court for appellate cases, cases brought by the United States Special Counsel (excluding Hatch Act cases involving state or local government employees), and original jurisdiction cases. Historically, the MSPB has achieved a high affirmation rate with its reviewing court. FY 2015 was no different: the appeals court left unchanged 96 percent of the MSPB cases that were processed on its docket.

Read the Board’s full newsletter: Issues of Merit


This case law update was written by Conor D. Dirks, associate attorney, Shaw Bransford & Roth, PC.

For thirty years, Shaw Bransford & Roth P.C. has provided superior representation on a wide range of federal employment law issues, from representing federal employees nationwide in administrative investigations, disciplinary and performance actions, and Bivens lawsuits, to handling security clearance adjudications and employment discrimination cases.

Posted in Case Law Update

Tags: MSPB, Merit Systems Protection Board, case law update, conor d dirks, conor dirks



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