A Must Read: MSPB’s Clean Record Settlement Report

Federal Agency advocates, attorneys, HR advisors and adverse action decision makers should make a point of reading the MSPB’s new report titled Clean Record Settlement Agreements and the Law. The report identifies the pitfalls involved in making deals with employees in which the Agency agrees to expunge negative information from an employee’s record in return for a resignation.

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.

How Are Agencies Doing Before MSPB?

MSPB has published statistics on case handling for the last two years. The numbers for cases before Administrative Judges are remarkably consistent, while full Board cases appear skewed in a different direction. The author suggests advocacy would benefit from some Board studies on the basis for decisions and departure from precedent if indeed such is the case.