Waiting for an MSPB Decision? Don’t Hold Your Breath

It is unlikely the MSPB will have new members confirmed in 2018. The most likely scenario is that there will not be any Board members as of March 1, 2019.

According to a blog post from Bill Wiley, President of the Federal Employment Law Training Group, the Senate Homeland Security Committee has advised the White House it will not be taking action on nominations of the three new members of the Merit Systems Protection Board (MSPB or Board) before the current Congressional session ends.

Nomination Process Will Start All Over

rit Systems Protection Board for a term of seven years. He was confirmed by the Senate on April 26, 2012. On January 23, 2017, President Trump designated him as Vice Chairman of the Board.

The most likely scenario that will unfold is that, for the first time, the MSPB will not have any Board members as of March 1, 2019.

For readers who may have one of 1,300 or so cases now pending, there is a long line so don’t hold your breath waiting for a decision. The number will continue to grow, of course, as new cases pile up. Of course, when some decisions come out reinstating an employee, the amount of back pay that will have accrued should make for an interesting tax form to be filed with the Internal Revenue Service.

About the Author

Ralph Smith has several decades of experience working with federal human resources issues. He has written extensively on a full range of human resources topics in books and newsletters and is a co-founder of two companies and several newsletters onĀ federal human resources. Follow Ralph on Twitter: @RalphSmith47