MSPB Asks For Opinions on Changing its Regulations. Agency Reps Pay Attention!

MSPB announced on 11/8/2013 that it planned to change the way it adjudicates jurisdiction claims by altering its regulations. The Author suggests that anyone involved in appeals before the Board should read this article and respond to the Board’s request for comments by practitioners. As a part of its effort, the Board has prepared a useful chart called Elements/Issues in MSPB Appeals that is worth reading.

The Merit Systems Protection Board (MSPB or the Board) issued a Federal Register Notice dated November 8, 2013 giving interested parties until December 9, 2013 to comment on proposed regulations.  The prospective regulations would change the way jurisdiction is handled.

The Board established a team of its employees to develop options on how to handle the issues.  The team offered four options for revising the Board’s regulations governing the establishment of MSPB jurisdiction over an appeal.  Each option includes proposed language, a plain English summary and an analysis of why the option is being put forward.

As a part of the above effort, the Board has prepared a useful chart called Elements/Issues in MSPB Appeals that’s certainly worth a read.   It covers each type of appeal over which the Board has jurisdiction and addresses both the jurisdictional and merits issues involved in a case.  This is a really nice training handout for those of you that do such things.

If you want to provide input and either show support for an option or offer your own proposal, the Board prefers you do so in an email. But if you are email challenged, here’s the info from the notice:

ADDRESSES: Submit your comments concerning this document by one of the following methods and in accordance with the relevant instructions:

Email: [email protected]. Comments submitted by email can be contained in the body of the email or as an attachment in any common electronic format, including word processing applications, HTML and PDF. If possible, commenters are asked to use a text format and not an image format for attachments. An email should contain a subject line indicating that the submission contains comments to the MSPB’s Federal Register Notice regarding jurisdiction. The MSPB asks that parties use email to submit comments if possible. Submission of comments by email will assist MSPB to process comments and speed future actions, including publication of a proposed rule.

Fax: (202) 653–7130. Faxes should be addressed to William D. Spencer and contain a subject line indicating that the submission contains comments concerning the MSPB’s Federal Register Notice regarding jurisdiction.

Mail or other commercial delivery:

William D. Spencer, Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., Washington, DC 20419.

Hand delivery or courier: Comments should be addressed to William D. Spencer,  Clerk of the Board, Merit  Systems Protection Board, 1615 M Street NW., Washington, DC 20419, and delivered to the 5th floor reception window at this street address. Such deliveries are only accepted Monday through Friday, 9 a.m. to 4:30.

FOR FURTHER INFORMATION CONTACT:

William D. Spencer, Clerk of the Board,

Merit Systems Protection Board, 1615 M

Street NW., Washington, DC 20419;

phone: (202) 653–7200; fax: (202)

While I don’t think I’ve expressed an opinion above, if you think I have, go look at my regular disclaimer published in most of my articles.

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.