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|The Board invites public input concerning options the MSPB is considering to revise its regulations governing how jurisdiction is established over Board appeals. Details can be found in the Federal Register Notice, and the exact text, summaries, and analyses of the Options developed by the MSPB regulations working group are available for review. Additional background is available on our Regulatory Review Initiative webpage.
Information on Department of Defense (DoD) Furlough Appeals
Updated as of November 26, 2013
The administrative file for all Defense Finance and Accounting Service furlough appeals is now available here.
Updated as of November 20, 2013
The administrative file for all Defense Commissary Agency furlough appeals is now available here.
Updated as of October 31, 2013
The administrative file for all Defense Contract Management Agency furlough appeals is now available here.
Updated as of October 23, 2013
The administrative file for all Defense Logistics Agency furlough appeals is now available here.
Updated as of October 18, 2013
The administrative file for all Navy furlough appeals is now available here.
Updated as of September 24, 2013
The administrative file for all Army furlough appeals is now available here.
On September 18, 2013, the U.S. Merit Systems Protection Board (MSPB or Board) issued two rulings in furlough appeals. In Chandler v. Department of Treasury, 2013 MSPB 74, a majority of the three-member Board affirmed the administrative judge's discovery rulings, as modified, in a furlough appeal.
In Avery v. Department of Labor, 2013 MSPB 75, a majority of the Board vacated the administrative law judge's initial decision in a furlough appeal and found that the agency’s decision to furlough its administrative law judges was supported by good cause.
Additionally, MSPB is currently working with Federal agencies to determine whether it is possible to post a single agency "administrative file" (for the agency in question) to apply to all furlough appeals filed by employees of that agency. So far, MSPB has received and posted such administrative files from the Department of the Air Force and the Department of the Army.
Updated as of September 13, 2013
The administrative file for all Air Force furlough appeals is now available here.
Updated as of September 10, 2013
As of September 10, 2013, more than 32,000 furlough appeals have been filed at the Merit Systems Protection Board (MSPB or Board) during FY 2013. This is in addition to the almost 6,000 appeals we have received during the fiscal year on other matters that are appealable to MSPB under law. Approximately 99% of the furlough appeals were filed by civilian employees of military departments and Department of Defense (DoD) activities.
MSPB can report that almost all of the furlough appeals have been docketed by our regional offices. Certain MSPB regional offices have begun the consolidation process and have sent the parties Acknowledgment Orders, which set forth the next steps in the process. For example, the Northeastern Regional Office and Western Regional Office have consolidated a small number of DoD furlough appeals and are preparing to adjudicate these cases, while the Denver Field Office is currently adjudicating DoD furlough appeals. Under our regulations, an MSPB administrative judge may consolidate cases when doing so would expedite the processing of the cases and not adversely impact a party. Cases can be consolidated based upon a number of factors, including similarity of the issues raised, appellant work location, whether appellants ask for hearings, the deciding official involved, or command. MSPB’s goal is to consolidate cases in a manner that will allow for adjudication in the most efficient and equitable manner possible. [More..]