Just when you thought that one Agency survived the politicization of the current administration, the MSPB reverses thirty years of case law to grant employees who shouldnâ€™t have a Federal job in the first place the same appeal rights as those who have earned those rights. The Author points out that two of the members involved in the decision have extensive experience arguing cases for unions, two of which filed amicus briefs. Neither recused herself.
USDA eventually found that an HR assistant had worked out a settlement with a previous federal employer to undo her removal by that agency. Her new employer also fired her.
In an Air Force case, a registered nurse is fired and stays fired despite the court’s “discomfort with the harshness” of the removal penalty.
The 12 factors enumerated by the new MSPB in “Curtis Douglas, et. al. v Veterans Administration, et. al.” changed the way we administer discipline in the Federal sector. It’s time to consider limiting them to 10 factors.
Why doesn’t Congress fix the tangled web of federal personnel cases clogging up the courts? Appeals channels are notoriously complex and cases take far too long.
For three decades, federal HR has been working with the 12 “factors” from an MSPB decision. However, much has changed since then.
A post office Supervisor who was demoted to Clerk based on unsatisfactory performance failed to convince the appeals court to mitigate the penalty to a suspension.
A surviving widow of a retired federal employee tried without success to convince OPM, the MSPB and the appeals court that her deceased husband had provided her a survivor’s annuity.
The important question for the federal employee who files for Federal Disability Retirement benefits under FERS or CSRS is: What happens if the Office of Personnel Management denies my application? Is that the end of my chances?
Author Robbie Kunreuther says that a publication from the Merit Systems Protection Board “offers informed, non-partisan information about the internal workings of the Executive Branch” and explains how the GS pay system was designed as a type of pay-for-performance system.