DC MSPB Process

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The Merit Systems Protection Board (MSPB) is a government agency that has appellate jurisdiction over particular types of appeals cases involving federal employees. All Washington DC MSPB claims follow an established process for dispute resolution. Federal employees who are thinking about filing a claim with this Board should familiarize themselves with the Washington DC MSPB process before advancing their appeal. Contact a lawyer at the Spiggle Law Firm to learn more.

MSPB Responsibilities

The MSPB is primarily responsible for hearing appeals, adjudicating disputes, and enforcing decisions regarding matters such as:

  • Misconduct actions
  • Performance-based actions
  • Whistleblower retaliation
  • Suspensions
  • Demotions
  • Terminations
  • Veterans’ rights
  • Retirement benefits

Additional actions may be properly adjudicated before the MSPB depending on the circumstances. Issues that are not within the jurisdiction of the MSPB cannot be brought before this agency. Applicable laws, rules, and regulations determine the MSPB’s authority and the specific processes it follows in Washington DC cases.

Timing of DC MSPB Appeals

Filing an appeal is the initial step in the Washington DC MSPB process. Appeals should be made in writing and be accompanied by any other required information. Timely appeals should be filed within the later of 30 days following the date of the action or 30 days following the date that the agency’s decision was received.

In some cases, this deadline may be extended. For instance, when parties agree to alternative dispute resolution, the deadline is extended to 60 days. The type of action may also impact the applicable deadline—for instance, whistleblower appeals should be filed no later than 65 days following the date the Office of Special Counsel issued a notice that they will not pursue corrective action.

MSPB Proceedings

Cases can now be filed with the MSPB electronically or via conventional means. An administrative judge is typically assigned to the case a few weeks after you file an MSPB appeal. This judge initially issues an Acknowledgement Order establishing the rules for the case, at which point the federal agency involved in the matter would share their case file with you and the MSPB.

Typically, status conferences take place next. Many cases settle during this stage of the process. If the case does not settle during the status conferences or move to alternative dispute resolution, the matter essentially proceeds like a trial. The parties submit their requests for discovery and the matter is presented before an administrative judge.

Representation in an MSPB Hearing

You can represent yourself or designate a representative to serve in front of the MSPB. If you choose the latter option, you are required to do so in writing. The hearing process typically lasts one or two days overall. Opening statements, closing arguments and witness testimony are customary at MSPB hearings in Washington DC.

After the hearing has concluded, the judge issues a written decision in the weeks following the hearing. In response to this decision, either party may appeal the administrative judge’s decision to the Clerk of the Board in Washington DC for further review.

Learn More About the MSPB Process from a Qualified Attorney

The Washington DC MSPB process can be overwhelming, but luckily there are attorneys like us who can guide you through it step by step. If you do not have experience going through the MSPB process, the Spiggle Law Firm is available to help. Take advantage of our free online case review services to see what results we could potentially achieve together.