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What Does The New Quorum on the MSPB Mean For My Backlogged Appeals Case?

With a new Merit Systems Protection Board (MSPB) quorum established with the confirmation of Vice Chair Raymond Limon and member Tristan Leavitt, the MSPB now can vote on appeals for the first time in over five years. If you have filed an MSPB appeal since January 2017, you may be unsure what this may mean for your case. Our top-rated, award-winning MSPB attorneys at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC share what you should know about your pending case.

What is the MSPB?

The MSPB is made of three board members, each serving a seven-year term. These terms are staggered to prevent seat openings all at once; however, there was a five-year period in which all three board member positions were unfilled from January 2017 to March 2022. For the MSPB to reach quorum, there must be two members on the board to review and vote on written petitions for review (PFR) from MSPB administrative judge initial decisions.

The goal of the MSPB is to “promote an effective Federal workplace” that promotes fair practices for federal employees. The MSPB typically hears cases that involve adverse actions (misconduct and performance-based disciplinary action cases taken by employing federal agencies against their employees involving suspensions of 15 calendar days or more without pay, demotions in grade, and removals), as well as Individual Right of Action (IRA) appeals in cases of whistleblower retaliation.

Why is a Quorum Necessary?

PFRs in Board appeals cannot be reviewed and decided upon without the quorum of at least two MSPB members. The quorum provides space for more than one opinion on the case before voting and provides a fair decision for the appealing federal employee.

What Happens to My Case?

With the newly established quorum, the MSPB is now able to review and decide written PFRs from initial decisions by the Board’s administrative judges, which are typically issued after an evidentiary hearing on the merits of the appealed adverse action, thereby reducing the backlog of PFRs established over the past five years without a quorum. To learn more about the status of your MSPB PFR, you should reach out to a qualified MSPB appeals attorney, such as those at the top-rated and award-winning federal employees’ The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, in Washington, DC. They can help you understand when you may hear results from the MSPB in our pending PFR.

Federal Employment Appeals Attorneys

Our top-rated and award-winning federal employment attorneys at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC understand that you may have been waiting a long time for the result of your MSPB appeal. With 30 years of experience in effectively litigating MSPB appeals for federal employees, we can help you file and litigate your Board appeal and take the pressure off of you during this difficult time.

Are you a federal employee waiting to hear about your MSPB appeal? Call our MSPB appeals attorneys today at (202) 350-3881 or contact us online to learn more about how we can help you as you wait for your final decision.