April 2017 Federal Employment Law Training Group Newsletter

How’s Your Year Going So Far?

The workload at the Merit Systems Protection Board is relatively steady (except in years that Congress causes a bunch of Stupid Sequestration© furloughs). Each Board member has to physically handle and mentally consider about five to six cases per work day in order to stay even with the in-flow of appeals. Take a day off for R&R and there will be around 12 cases waiting for you the next day. No one can do your work for you because you’re anointed by the President and the Senate as the decision maker in each appeal. As our astute readers know, effective January 6, due to the premature resignation of one of its two remaining members, MSPB had to turn off the lights. With only one member left, the Board has lacked since then the necessary quorum of two members to issue decisions. Eventually, President Trump will nominate a replacement or two to fill the vacancies at the Board. Think what will be awaiting those new members once the Senate confirms them: a backlog that has been building every day since January 6. As of today, that’s about 400-450 cases just sitting there. Waiting. Growing in size by an additional six cases every day. Denying closure to appellants. Building up back pay liability for agencies. Think of everything you’ve done in your delightful government job since December. Picture all that being undone, that you would have to relearn your job to do it again (similar to what will happen if the President nominates a neophyte to be a Board member), and that you were told to re-do everything that you’ve already done. That’s the challenge that will be facing the new Board members. Are you looking to move up in government? If you accept an appointment at the Board, you can kiss that summer vacation goodbye, my friend. And maybe even Thanksgiving, depending on when the Senate gets around to blessing your little heart to be a Board member.