MSPB officials have resolved 96% of nearly 3,800 cases previously in its backlog. RUNSTUDIO / Getty Images
Federal employee appeals board has nearly eliminated the backlog built up during its five years without power
Agency workers who appealed adverse actions against them finally have resolution after waiting for years for a decision.
The federal agency that rules on adverse actions against federal employees has tackled virtually the entire mountain of cases created when congressional inaction forced it to stop fully operating for five years.
The Merit Systems Protection Board began fiscal 2025 this week with only 226 of those cases still awaiting a decision, meaning it has resolved 96% of nearly 3,800 cases that had languished for years. Between 2017 and 2022, MSPB’s central board had just one or no Senate-confirmed members, meaning it had no quorum and could not statutorily rule on matters appealed up to its level. That, in turn, led to the record backlog awaiting the board members who were seated after the Senate finally took action two years ago.
Upon restoring the quorum, board members Tristan Leavitt and Raymond Limon took some steps to help move the process along more quickly. Members could vote electronically and most case files were digitized, rather than moving vote sheets and documents physically between offices. The agency created a "triage system" to address the most pressing cases first and used "short orders" to quickly move cases without offering much in the way of explanations. The board members also sought to resolve more cases through settlement agreements.
Leavitt has since left the board, which now has all three of its presidentially appointed, Senate-confirmed seats filled by Limon, Henry Kerner and Cathy Harris, its chair.
“Since the MSPB’s quorum was restored, it has been our mission to provide decisions to the thousands of federal employees and agencies who had been waiting,” Harris said. “Through the hard work and dedication of the Board’s employees and my fellow members, we have been able to nearly eliminate the inherited inventory in 2.5 years.”
The board has resolved new cases that have arisen since 2022, as well. It has ruled on a total of 4,400 cases since the quorum was restored.
The reconstituted board has brought stability to the agency by removing the constitutional controversy surrounding the appointment of its judges. It has also brought significant relief to federal employee and whistleblower advocates, who for years said Congress’ inaction was upending and undermining the civil service.
MSPB last month issued new regulations to enable the agency to carry out more of its functions even when a quorum is not present.