MSPB Updates DoD Furlough Information

MSPB updates its somewhat controversial information on DOD Furlough appeals.

On August 11, updated the MSPB information on DOD Furloughs.  Here’s the latest from MSPB:

Information on Department of Defense (DoD) Furlough Appeals

Updated as of August 21, 2013

As of August 21, 2013, more than 30,000 furlough appeals have been filed at the Merit Systems Protection Board (MSPB).  This is in addition to the more than 5,000 appeals MSPB has received on other matters that are appealable to MSPB under law.  Of the more than 30,000 furlough appeals received, approximately 98% have been filed by employees of the military services and Department of Defense (DoD) activities.

Since it began receiving furlough appeals, MSPB has been actively docketing them.  As of today, 16,571 of the more than 30,000 furlough appeals have been docketed.  MSPB also continues to review the claims raised in the furlough appeals – including those raised by DoD employees – so that the cases can be consolidated, where appropriate, and adjudicated in the most efficient manner possible.  MSPB expects to have most furlough appeals docketed shortly after Labor Day, and anticipates beginning the adjudication process with respect to DoD furlough appeals shortly thereafter.

As we stated in our last update, MSPB regrets any inconvenience to individuals who have filed appeals.  However, it is necessary for the Board to docket the furlough appeals it has received before it can begin the consolidation and adjudication process.  It would be inefficient for the Board to begin adjudicating certain furlough appeals, only to discover that furlough appeals raising similar arguments, filed by similarly situated employees, remain to be docketed.  In short, MSPB hopes to consolidate and adjudicate as many similar claims as possible, and this cannot be done until the docketing process is near completion.

Recently, MSPB sent out an Acknowledgment Notice to all parties in furlough appeals received from DoD employees that have already been docketed, explaining the status of these cases in detail.  MSPB will continue to send this Acknowledgment Notice to the parties as furlough appeals become docketed.  Once furlough appeals are docketed and the Board is ready to begin the adjudication process, MSPB will send the parties Acknowledgement Orders setting forth the next steps.  Because of the volume of these appeals, we will not be able to begin adjudication of 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.  At the moment, no decisions have been made on any request to consolidate cases or on any motions for class appeal.

MSPB sincerely appreciates your patience during this unprecedented time and encourages all parties to regularly check its website for updated information.

No opinions in the above, opinions may come later.

About the Author

Bob Gilson is a consultant with a specialty in working with and training Federal agencies to resolve employee problems at all levels. A retired agency labor and employee relations director, Bob has authored or co-authored a number of books dealing with Federal issues and also conducts training seminars.