United States Merit Systems Protection Board
Encyclopedia
The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federal employees
against abuses by agency management. More specifically, when an employee of most Executive Branch agencies is separated from his or her position, or suspended for more than 14 work days, the employee can request that an employee of MSPB conduct a hearing
into the matter. In that hearing, the agency will have to prove that the action was warranted and the employee will have the opportunity to present evidence that it was not. A decision of MSPB is binding unless set aside on appeal to federal court. Along with the Office of Personnel Management
the MSPB is a successor agency of the United States Civil Service Commission
which was abolished in 1978.
The largest settlement disclosed by the Board was for $755,000 to former Securities and Exchange Commission
lawyer, Gary J. Aguirre
, for his wrongful termination in 2005. The SEC settled Aguirre's claim on June 29, 2009. In January 2011, the Board ordered the US Park Police to reinstate their former Chief, Teresa Chambers
, who had been fired in July 2004 for speaking to the Washington Post about the consequences of Park Police staff shortages. The Board also found her entitled to retroactive pay dating back to July 2004 and her legal costs.
Generally, appeals are heard by the United States Court of Appeals for the Federal Circuit
. However, appeals involving claims of discrimination
are heard in federal district court.
The Board carries out its statutory mission by:
United States civil service
In the United States, the civil service was established in 1872. The Federal Civil Service is defined as "all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services." . In the early 19th century,...
against abuses by agency management. More specifically, when an employee of most Executive Branch agencies is separated from his or her position, or suspended for more than 14 work days, the employee can request that an employee of MSPB conduct a hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
into the matter. In that hearing, the agency will have to prove that the action was warranted and the employee will have the opportunity to present evidence that it was not. A decision of MSPB is binding unless set aside on appeal to federal court. Along with the Office of Personnel Management
Office of Personnel Management
The United States Office of Personnel Management is an independent agency of the United States government that manages the civil service of the federal government. The current Director is John Berry.-History:...
the MSPB is a successor agency of the United States Civil Service Commission
United States Civil Service Commission
The United States Civil Service Commission a three man commission was created by the Pendleton Civil Service Reform Act, which was passed into law on January 16, 1883...
which was abolished in 1978.
The largest settlement disclosed by the Board was for $755,000 to former Securities and Exchange Commission
United States Securities and Exchange Commission
The U.S. Securities and Exchange Commission is a federal agency which holds primary responsibility for enforcing the federal securities laws and regulating the securities industry, the nation's stock and options exchanges, and other electronic securities markets in the United States...
lawyer, Gary J. Aguirre
Gary J. Aguirre
Gary J. Aguirre is an American lawyer, former investigator with the United States Securities and Exchange Commission and whistleblower. After working in a law firm briefly, he became a public defender, then worked as a trial lawyer in California. Having reached his professional and financial...
, for his wrongful termination in 2005. The SEC settled Aguirre's claim on June 29, 2009. In January 2011, the Board ordered the US Park Police to reinstate their former Chief, Teresa Chambers
Teresa Chambers
Teresa Chambers was the Chief of the United States Park Police from February 2002 until December 2003. She was fired after speaking with a Washington Post reporter in detail about her concerns that new requirements instituted by the United States Congress to double the number of stationary guards...
, who had been fired in July 2004 for speaking to the Washington Post about the consequences of Park Police staff shortages. The Board also found her entitled to retroactive pay dating back to July 2004 and her legal costs.
Generally, appeals are heard by the United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
. However, appeals involving claims of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
are heard in federal district court.
The Board carries out its statutory mission by:
- Adjudicating employee appeals of personnel actions over which the Board has jurisdiction, such as removals, suspensions, furloughs, and demotions
- Adjudicating appeals of administrative decisions affecting an individual's rights or benefits under the Civil Service Retirement SystemCivil Service Retirement SystemThe Civil Service Retirement System organized in 1920 and has provided retirement, disability and survivor benefits for most civilian employees in the US federal government. Upon the creation of a new Federal Employees Retirement System in 1987, those newly hired after that date cannot...
or the Federal Employees' Retirement System - Adjudicating employee complaints filed under the Whistleblower Protection ActWhistleblower Protection Act-Whistleblower Protection Act of 1989:The Whistleblower Protection Act of 1989 is a United States federal law that protects federal whistleblowers who work for the government and report agency misconduct...
, the Uniformed Services Employment and Reemployment Rights ActUniformed Services Employment and Reemployment Rights ActThe Uniformed Services Employment and Reemployment Rights Act of 1994 was signed into law by U.S. President Bill Clinton on October 13, 1994 to protect the civilian employment of non-full time military service members in the United States called to active duty...
, and the Veterans Employment Opportunities Act - Adjudicating cases brought by the Special Counsel, principally complaints of prohibited personnel practices and Hatch ActHatch ActHatch Act may refer to:*Hatch Act of 1887, United States federal legislation that created agricultural experiment stations*Hatch Act of 1939, tightened in 1940, United States federal legislation aimed at corrupt political practices, prevented federal civil servants from campaigning...
violations; - Adjudicating requests to review regulations of the Office of Personnel Management that are alleged to require or result in the commission of a prohibited personnel practice-or reviewing such regulations on the Board's own motion
- Ordering compliance with final Board orders where appropriate
- Conducting studies of the Federal civil service and other merit systems in the Executive Branch to determine whether they are free from prohibited personnel practices