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    Information on Department of Defense (DoD) Furlough Appeals

    Information on Department of Defense (DoD) Furlough Appeals
    Updated as of January 20, 2013
    New! An UPDATED administrative file (adding 'Part B') for all Defense Contract Management Agency furlough appeals is now available here.

    Updated as of December 26, 2013
    The administrative file for all Washington Headquarters Services and certain other DoD furlough appeals is now available here.

    Updated as of December 12, 2013
    An UPDATED administrative file for all Defense Finance and Accounting Service furlough appeals is now available here.

    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 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
    New!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.
     
    MSPB also has consolidated and adjudicated some furlough appeals filed by non-DoD employees.  Moreover, one case involving the furloughing of administrative law judges was petitioned for review by the agency involved to the three-member Board in Washington, DC.  The Board has granted a motion for expedited review of this matter and is currently reviewing the case.  The Board is also currently reviewing a discovery issue related to furlough appeals that has been certified for interlocutory appeal.  
     
    MSPB sent Acknowledgment Notices to all parties in furlough appeals from DoD employees as they were docketed, and as stated above, we expect to send more Acknowledgment Orders to the parties as decisions are made about whether to consolidate appeals or not.  As noted in the previous update, because of the volume of these appeals, we will not be able to begin adjudicating all cases at once, so if you become aware of others whose furlough appeals are being adjudicated, that does not mean that your appeal has been overlooked. 
     
    Again, MSPB sincerely appreciates your patience during this unprecedented time and encourages all parties to regularly check our website for updated information.