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Federal Employees: You be the Judge


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FedUpFed25x  
#1 Posted : Sunday, November 25, 2018 9:40:46 AM(UTC)
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An Associated Press article out a few hours ago described the sorry state of the MSPB. If you have a case pending, or plan to pursue filing a Whistleblower or MSPB case, it seems fairly doomed.

A couple of excerpts:

"For the next eight hours or so, [Robbins] reads through federal workplace disputes, analyzes the cases, marks them with notes and logs his legal opinions. When he's finished, he slips the files into a cardboard box and carries them into an empty room where they will sit and wait. For nobody.

He's at 1,520 files and counting."

...

"Robbins is a member of the Merit Systems Protection Board, a quasi-judicial federal body designed to determine whether civil servants have been mistreated by their employers. The three members are presidentially appointed and Senate-confirmed for staggered seven-year terms. After one member termed out in 2015 and a second did so in January 2017, both without replacements lined up, Robbins became the sole member and acting chairman. The board needs at least two members to decide cases.

That's a problem for the federal workers and whistleblowers whose 1,000-plus grievances hang in the balance, stalled by the board's inability to settle them. When Robbins' term ends on March 1, the board probably will sit empty for the first time in its 40-year history.

It's also a problem for Robbins. A new board, whenever it's appointed and approved, will start from scratch. That means while new members can read Robbins' notes, his thousand-plus decisions will simply vanish."

GO4IT!  
#2 Posted : Monday, November 26, 2018 9:48:16 AM(UTC)
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The EEOC is pretty much in the same situation. Cases still sitting there from 2013.
frankgonzalez  
#3 Posted : Monday, November 26, 2018 10:12:17 AM(UTC)
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Originally Posted by: GO4IT! Go to Quoted Post
The EEOC is pretty much in the same situation. Cases still sitting there from 2013.
Not quite the same. They have commissioners right now,and new ones being considered by the Senate, and you can file in federal district court depending on the time your case has been in the system. The issue with MSPB is without a board, nothing can be heard. And, any prior decision or recommendation by the last board member who leaves soon is no longer relevant as the new board members have to start from scratch. Bill Wiley of FELTG.com (he is a former chief counsel to the Chair of the MSPB) has written a few articles on this issue for the FELTG newsletter.

You should have voted Cthulu...the greatest of all Evils
Hawaiiannative  
#4 Posted : Monday, November 26, 2018 12:50:08 PM(UTC)
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The Office of Whistleblowing and Accountability is a joke. No one will contact you, the file goes into a black hole, especially if it has merit. Don't expect any help from that office. And when you file, your supervisor is notified, at which point you will be transferred to "Siberia".
DroneBee  
#5 Posted : Tuesday, November 27, 2018 1:18:56 PM(UTC)

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Originally Posted by: Hawaiiannative Go to Quoted Post
And when you file, your supervisor is notified, at which point you will be transferred to "Siberia".


If you are lucky enough to keep your job! Anyone who files will be retaliated against - I was fired. Per the MSPB, there is a new board appointed, but it appears that the board is not yet working as no new cases can be found on the MSPB website.

thanks 1 user thanked for this useful post.
Hawaiiannative on 11/27/2018(UTC)
frankgonzalez  
#6 Posted : Wednesday, November 28, 2018 3:46:36 AM(UTC)
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Originally Posted by: DroneBee Go to Quoted Post
Originally Posted by: Hawaiiannative Go to Quoted Post
And when you file, your supervisor is notified, at which point you will be transferred to "Siberia".


If you are lucky enough to keep your job! Anyone who files will be retaliated against - I was fired. Per the MSPB, there is a new board appointed, but it appears that the board is not yet working as no new cases can be found on the MSPB website.

New board nominated (not appointed yet), and the subcommittee is supposed to vote on the nominees this week...but when the full senate vote will be is anyone's guess.

You should have voted Cthulu...the greatest of all Evils
GO4IT!  
#7 Posted : Thursday, November 29, 2018 6:37:48 AM(UTC)
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FYI, the MSPB nominations were NOT put before the committee.
thanks 1 user thanked GO4IT! for this useful post.
DroneBee on 12/4/2018(UTC)
frankgonzalez  
#8 Posted : Thursday, November 29, 2018 8:23:46 AM(UTC)
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Originally Posted by: GO4IT! Go to Quoted Post
FYI, the MSPB nominations were NOT put before the committee.

well...one was, but he got a split vote and the chair decided to not put the rest through.
You should have voted Cthulu...the greatest of all Evils
thanks 1 user thanked frankgonzalez for this useful post.
DroneBee on 12/4/2018(UTC)
DroneBee  
#9 Posted : Tuesday, December 04, 2018 12:27:53 PM(UTC)

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"The Senate Homeland Security and Governmental Affairs Committee on Wednesday could not clear any of the president’s nominees to fill the MSPB and restore a long-awaited quorum to the board."
"...the federal employment law community is questioning whether the rest of the agency would have the authority to operate."
https://federalnewsnetwo...-clear-pending-nominees/

Is this Trump's way of eliminating the entire MSPB system?




Hawaiiannative  
#10 Posted : Wednesday, December 05, 2018 7:18:16 AM(UTC)
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DroneBee, it is not like it really matters anyway. The MSPB has never been able to effect meaningful changes, the people who end up in front of the board, have usually been Whistleblowers, bullied by supervisors. Whatever pittance the petitioner receives, has cost more in grief. The MSPB has never been able to get rid of the actual causes of the problems.

It is an inefficient, cumbersome process. No one really cares.
thanks 1 user thanked Hawaiiannative for this useful post.
DroneBee on 12/7/2018(UTC)
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