Merit System Protection Board Cases

Service in the Federal Government is supposed to be based completely on merit. The Civil Service Reform Act very clearly defines the principles that govern the merit system in Federal service, and what personnel practices are prohibited. The Merit Service Protection Board oversees this system. Generally, when a federal employee is faced with an adverse employment action, he or she may be able to appeal it to the MSPB.

The MSPB only hears cases for major adverse actions, meaning removals, suspensions for more than 14 days, a reduction in grade, a reduction in pay, and a furlough of 30 days or less.

An employee does not need to show any kind of discrimination, just that the Agency didn't follow the rules. The Agency must show that the adverse action is for such cause that will “promote the efficiency of service.”

The MSPB generally does not hear cases for probationary employees.

In the MSPB, Agency has burden to prove their action by a preponderance of the evidence (51%). If the Agency is unable to do this, the Board can overturn the adverse action.

Employees may raise affirmative defenses like harmful procedural error or prohibited personnel practice. If the employee tries to prove his or her case, it also needs a preponderance of the evidence.

If an employees files a complaint with the MSPB, first an Administrative Judge is assigned. The judge sets the schedule. The parties are entitled to discovery, where they can request documents and other evidence from the other side. Finally, there is a hearing when each side calls witnesses and presents evidence.
There is no Summary judgment at the MSPB. This means that the Agency can not ask the Judge to dismiss the case without a hearing once it has been accepted.

US Merit Systems Protection Board Cases Handled

John B. Westover, Appellant, v. DEPARTMENT OF AGRICULTURE, Agency, U.S. Merit Systems Protection Board, Denver Field Office DE-3443-05-0035-I-1, 105 LRP 28930, 05/09/05

George Rosch, Appellant, v. SOCIAL SECURITY ADMINISTRATION, Agency U.S. Merit Systems Protection Board, Northeastern Regional Office PH-0752-04-0472-A-1, 04/22/05

Leroy Abrams, Appellant, v. DEPARTMENT OF STATE, Agency, U.S. Merit Systems Protection Board, New York Field Office, NY-0731-05-0122-I-1, 03/04/05

George Rosch, Appellant, v. SOCIAL SECURITY ADMINISTRATION, Agency. U.S. Merit Systems Protection Board, Northeastern Regional Office, PH-0752-04-0472-I-1, , 01/21/05

EARL K. WILSON, Appellant, v. DEPARTMENT OF THE NAVY, Agency., U.S. Merit Systems Protection Board, Washington Regional Office, DC-0752-03-0810-I-2, 05/26/04

DELORES LAMBERT, Appellant, v. SOCIAL SECURITY ADMINISTRATION, Agency., U.S. Merit Systems Protection Board, DA-0752-01-0525-I-2, , 03/11/04

EARL K. WILSON, Appellant, v. DEPARTMENT OF THE NAVY, Agency., U.S. Merit Systems Protection Board, Washington Regional Office, DC-0752-03-0810-I-1, 11/06/03

Weaver v. Social Security Administration, U.S. Merit Systems Protection Board, 94 MSPR 447, CB-7121-03-0002-V-1, 09/25/03

Elaine Rio v. Social Security Administration, 92 MSPR 198, AT-0752-00-0819-I-1, 08/14/02

Edna PEACE vs. EEOC, U.S. Merit Systems Protection Board, Northeastern Regional Office, PH-0752-01-0410-I-1, 01/03/02

RUDOLPH MURRAY, Jr. v. DEPARTMENT OF DEFENSE, U.S. Merit Systems Protection Board, Washington Regional Office, DC-0752-00-0795-B-1, DC-0351-02-0817-I-1, 11/14/02