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Obama Nominates Two to Serve on the Merit Systems Protection Board

By Bob Gilson

Sunday, August 2, 2009

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Bob Gilson is a consultant with a specialty in working with and training Federal agencies to resolve employee problems at all levels. Both before and since retiring, Bob has negotiated on behalf of Federal clients. A retired agency labor and employee relations director, Bob has authored or co-authored a number of books dealing with Federal issues. To contact Bob about this article or about training or assistance at your agency, use this contact form.

General advice on handling personnel problems may not be applicable to specific situations. Be sure to check with your human resources advisors for guidance in your particular personnel situation.

The President has nominated Ms. Susan Tsui Grundmann to be Chairman of the Merit Systems Protection Board (MSPB).

The President also nominated Ms. Anne M. Wagner as a Member of the Merit Systems Protection Board, with the Designation of Vice Chair.

 

Anne M. Wagner (No Picture Available)

Anne Wagner is currently the General Counsel of the Personnel Appeals Board of the U.S. Government Accountability Office. Prior to that, she served a five year statutory term as an adjudicating Member of the Personnel Appeals Board having been appointed to that position by the Comptroller General of the United States.

Ms. Wagner began her career as a staff attorney in the Office of the General Counsel for the General Services Administration.  From there, she went on to become an Assistant General Counsel for the American Federation of Government Employees, AFL-CIO. Ms. Wagner graduated from the University of Notre Dame and received her J.D. from the George Washington University Law School.
 

 Susan Tsui Grundmann

Ms. Grundmann is currently General Counsel to the National Federation of Federal Employees (NFFE), a component of  the International Association of Machinist and Aerospace Workers (IAMAW).

Prior to joining NFFE, she served as General Counsel to the National Air Traffic Controllers Association (NATCA).  She earned her undergraduate degree at American University and her law degree at Georgetown University Law School.

 

New Chefs, Old Cookbook

In a prior article, I likened the Board to Emeril Legasse or Julia Child having given Federal Agencies a cookbook to use in dealing with employee problems.  I actually got a call from someone at the Board to tell me that some members were concerned about that comment as a negative reflection but were advised that just the opposite was true. The Board and Federal Circuit have laid out a body of clear and responsible case law which practitioners can use to deal with sometimes extraordinarily complex and difficult issues. 

I hope that both Ms. Grundmann and Ms. Wagner consider the traditions of the Board in leaving their mark on its case law. Agency practitioners need practical, useable guidance in helping managers address issues. 

In my classes, I hear from managers the difficulty of dealing with leave problems under the Family and Medical Leave Act; the challenges of addressing problem performance and other complex issues. The Board, so rarely political as the Federal Labor Relations Authority frequently is, has a great responsibility to maintain order and structure while insuring fairness and due process.

Any opinion expressed above is mine and mine alone.

 

© 2009 Robert J. Gilson. All rights reserved. This article may not be reproduced without express written consent from Robert J. Gilson.

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Readers' Comments

  • To manager SSA, You are the one who brought up ACORN. ACORN has nothing to do with these appointments. The radicalism comes from you who would rather have unlimited power to do your petty nonsense as a manager. That is why you do not want someone who will enforce the law properly not like the la...
    Posted: August 12, 2009 10:01 AM
  • Just to let you know most government whistleblowing agencies have bent toward management for the last 10 years or so anyway. I can't even tell you the last time EEO, MSPB, OSC, or the IG found in favor of the employee. You can have a mountain of evidence, pictures and e-mails, and what you'll get ...
    Posted: August 7, 2009 1:41 PM
  • Unfortunately, MSPB does have its problems. Am I critical of their work...yes. Some of their rulings have been on target, others have been so far off that attorneys who specialize in labor law can only shake their heads. They effectively killed Whistle Blower Protection and have affirmed the agen...
    Posted: August 6, 2009 8:29 PM

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