MSPB Report Reveals Familiar Results
Last month, MSPB released its annual report to Congress. As the Board has been plowing through its inherited case inventory – nearly 3,800 Petitions for Review – along with hundreds of new PFRs, some numbers remain remarkably consistent with Board statistics from the past few decades. In FY 23:
- Administrative judges (AJs) upheld agency actions 78% of the time.
- Over 55% of cases settled before a hearing or decision by an AJ.
- Over 48% of the PFRs decided by the Board members were adverse actions.
- About 3.75% of the PFRs decided were 432 performance actions.
- About 18% of the PFRs decided were Individual Right of Action appeals.
While the statistics are consistent, new cases have informed us about this Board’s view on evolving topics including excessive absence removals, Santos remands in 432 actions, and more. Stick with FELTG and we’ll keep you posted on all the most important updates.
In this months’ newsletter, we discuss the importance of nexus, requests for reasonable accommodation, cases involving rude employees, what supervisors should know about EEO reprisal, and what happens when an employee gets injured in the hotel fitness center while on work travel.
Take care,
Deborah J. Hopkins, FELTG President