DC Merit Systems Protection Board (MSPB) Claims
The Merit Systems Protection Board (MSPB) is a government agency that handles claims on appeal which were previously been heard by a different agency. Claims are traditionally brought before the MSPB because one of the parties involved is unhappy with the initial determination and seeks further review from a different official entity.
The goal of the MSPB is to simplify the management of federal employee appeals. As such, the parties primarily involved in MSPB claims are federal employees and federal government employers. If you are dealing with Washington DC Merit Systems Protection Board (MSPB) claims or are about to start doing so, you may benefit from consulting with a lawyer from the Spiggle Law Firm prior to initiating the claims process.
Claims Within the Jurisdiction of the MSPB
The jurisdiction of the MSPB can be a fairly complex issue. The MSPB is strict about which claims it will and will not hear, and there are several laws, rules, and regulations that outline the jurisdictional requirements in great detail.
Most appeals are based on claims that were previously were heard by the Civil Service Commission (CSC). Applicable rules and regulations may authorize appeals to the MSPB from other offices such as the Office of Personnel Management (OPM).
Regardless of a claim’s source, the MSPB focuses on prohibited personnel practices and generally hears claims in Washington DC that involve serious disciplinary actions. Such disciplinary actions may include a lengthy removal, suspension, demotion, pay cut, or furlough less than 30 days. Appeals involving whistleblowers, retirement plans, and reduction in the workforce also fall within the MSPB’s jurisdiction.
Claims Outside the Jurisdiction of the MSPB
The MSPB typically does not have jurisdiction over discrimination, unfair labor practice disputes, violations of civil service laws or claims involving private employers or local and state government appeals. Claims falling into these categories are handled by agencies other than the MSPB. The MSPB also declines to provide general advice on employment-related issues.
There are unique issues that often arise with MSPB claims in Washington DC involving discrimination, which is a commonly cited incident of a prohibited personnel practice. Workplace discrimination claims are usually investigated and enforced by the Equal Opportunity Employment Commission (EEOC).
While the MSPB does not hear claims based solely on allegations of discrimination against an employer, the MSPB may allow discrimination issues to be presented if they are connected with a claim that is customarily heard by the MSPB. In this respect, there is some overlap between the jurisdiction of the MSPB and the EEOC.
Who May File Claims with the MSPB in Washington DC?
The right to file a claim with the MSPB is a right that many federal employees are granted under the law. Although most federal employees can file specified claims with the MSPB to seek relief, there are limited exceptions.
Federal employees in certain positions or agencies are barred from bringing matters before the MSPB. Political appointees in Washington DC, for example, are not allowed to file claims with the MSPB.
Talk to an Attorney Today About Washington DC MSPB Claims
There are so many administrative government agencies in Washington DC that keeping the functions of each one straight can be difficult. Determining whether your claim can even be properly brought before the MSPB is often a highly technical issue.
Our attorneys here at the Spiggle Law Firm could help you identify whether the MSPB or another forum is appropriate for your particular claim. If you have questions about Washington DC Merit Systems Protection Board (MSPB) claims, we could help you answer them. Get started today by using our complimentary online case review tool.