Federal Employees Appeals Board Processes Record Number of Cases in 2015

The quasi-judicial agency tasked with hearing appeals of adverse actions taken by federal agencies against their employees processed and adjudicated a record number of cases in fiscal 2015, walloping the previous record set one year earlier.

The Merit Systems Protection Board processed 28,509 cases last year, the agency said in its annual report, a 63 percent increase over fiscal 2014. Administrative judges issued initial rulings in more than 25,000 cases, also an all-time high. The numbers were inflated by the more than 32,000 furlough appeals filed by employees during sequestration implementation in fiscal 2013.

Through Jan. 31, 2016, which includes the first four months of the current fiscal year, MSPB has issued decisions in 97 percent of furlough cases. The agency said it managed the flood of furlough appeals by updating its information technology systems and through a funding boost from Congress. It expressed concern, however, that if sequestration kicks back in after 2017 and once again forces agencies to issue furloughs, the board would be hard-pressed to handle another influx.

Including furloughs, 86 percent of the cases MSPB decided in its regional and field offices in fiscal 2015 were adverse actions. When the furloughs are removed from the equation, just 38 percent of the decisions stemmed from negative personnel actions.

MSPB judges dismissed or denied virtually all furlough appeals.

In its report, MSPB laid out its case against expanding a provision of the Veterans Access, Choice and Accountability Act -- signed into law by President Obama in 2014 -- that requires MSPB to adjudicate appeals of adverse actions against Senior Executive Service employees at the Veterans Affairs Department within 21 days. That requirement, MSPB said, has made the rest of its work increasingly difficult.

The law “has adversely affected the processing of cases involving all other non-VA SES employees, including whistleblowers, veterans and retirees who have the right to file appeals with MPSB,” the agency wrote in its report. “This is because MSPB has no choice but to prioritize these appeals, given the statutory language.”

Pending legislation, such as that proposed by presidential candidate Sen. Marco Rubio, R-Fla., would require the same expedited decision for the entire VA workforce. Other measures would expand appeal rights to medical personnel at the department.

“It would be very difficult for MSPB to meet the requirements of this legislation if it is signed into law as it is currently written,” the agency said. It added the law would damage not only MSPB’s operations, but also due process for employees who would no longer be able to appeal their case past the initial decision from the regional administrative judge.

MSPB has repeatedly come under fire for its handling of the initial VA accountability law cases. The agency has reversed VA’s firing in three of the first cases processed under the new law, drawing the ire of lawmakers and VA officials alike. MSPB has defended its decisions, objecting to insinuations it has any ulterior motives.

“In response to these rulings, some have suggested that MSPB is protecting poor-performing employees at the Veterans Affairs Department,” a February statement on the agency’s website said. "These suggestions are baseless and unfair.”

In its annual report, MSPB boasted that even faced with unprecedented levels of work and tighter timeframes to complete it, 96 percent of its decisions appealed to federal courts in fiscal 2015 were left unchanged. 

(Image via Brian A Jackson / Shutterstock.com)