By Deborah J. Hopkins, March 2, 2022

Late yesterday, while the world was focused on the Ukraine crisis and the country discussed the State of the Union address, the Senate confirmed two individuals to the U.S. Merit Systems Protection Board (the Board) by voice vote: Raymond L. Limon, and Tristan L. Leavitt.

While there was not a vote on the third and final nominee, Cathy Harris, two out of three members still makes a quorum, which means we’ll soon see decisions on the 3,600+ Petitions for Review awaiting action. The Board will have its work cut out for it, as decisions will need to be issued on topics including:

  • Whistleblower reprisal allegations
  • New performance requirements in the wake of Santos v. NASA
  • Challenges to Administrative Judge authority
  • Interpretation of the VA Accountability And Whistleblower Protection Act
  • Pendulum shifts in Executive Orders and OPM regulations

We’ve long said that justice delayed is justice denied, and this Senate action, while long overdue, is an important step in the right direction for all the people impacted by the 5+ year lack of quorum at the MSPB. Stay tuned to FELTG for all the latest information, and join us at the end of the month for MSPB Law Week, where we’ll unpack all the latest information from the new Board. Hopkins@FELTG.com

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