The MSPB has made significant progress on processing its backlog of cases.

The MERIT Systems Protection Board (MSPB) recently announced that it has just 440 remaining cases — 12% — of the 3,793 cases it inherited during the record-setting five years between January 2017 and March 2022 when it did not have a quorum and was unable to issue Board-level decisions.

According to an MSPB statement on the backlog, the Board resumed issuing decisions after its quorum was restored in March 2022 and focused initially on issuing a range of decisions in cases that, in its discretion, the Board deemed most critical, including precedential decisions or decisions that otherwise could affect many pending cases; decisions dismissing cases as settled; and many of the oldest pending cases.

For fiscal year 2024 (Oct. 1, 2023 to Sept. 30, 2024), the Board says it is has prioritized reducing the number of cases remaining in the inherited inventory, with a focus on issuing decisions in the oldest cases (cases filed with the Board before December 2019).

The Board also says that it continues to exercise its discretion “to decide cases in a way that balances advancement of legal doctrines, efficiency in case processing, and other considerations inherent to adjudicatory decision making.”

In addition, what likely came as good news for federal employees who have been waiting for an MSPB petition for review of their cases, as of June 3, 2024, the MSPB announced a full board with the swearing in of Member Henry J. Kerner.

Yet with a full board, questions still remain as to when the Board expects to be through the remaining case backlog and when current federal employees can expect their cases to be addressed.

Employees with cases should continue to monitor the situation for new updates to their cases should they not have heard anything since the Board restored its quorum. The MSPB appeals process is complicated, and there are many complex steps and difficult jargon to understand. No employee should be forced to suffer the consequences of unjust adverse action.

Hiring an attorney from the start can give you the best chance of approval, but having legal representation at the appeal and MSPB levels is even more critical. Without the necessary experience, you risk being denied or forced to wait in the case backlog for review.

MSPB Board Backlog Timeline

• Between January 2017 and March 2022, the MSPB did not have a quorum of members and could not vote on any petitions for review, thereby exacerbating the backlog of federal employees’ cases.
• The quorum was restored on March 4, 2022, when Members Raymond Limon and Tristan Leavitt were sworn in as members of the Board after being confirmed by the Senate on March 1, 2022. Acting Chairman Cathy Harris was sworn in on June 1, 2022, after being confirmed by the Senate on May 25, 2022.
• Member Leavitt left the Board after his term expired on Feb. 28, 2023. Beginning March 1, 2023, the Board had two members: Chairman Harris (previously vice chairman) and Vice Chairman Raymond Limon (previously member). Because two members constitute a quorum, the Board continued to make decisions, but the backlog continued.
• President Joe Biden announced his intention to nominate Henry J. Kerner to MSPB Board on July 3, 2023. On May 14, 2024, 2023, he was unanimously confirmed by the Senate, and sworn into his role as a member of the Board on June 3, 2024, creating a full board.
• The terms of Vice Chairman Limon, Chairman Harris, and Member Kerner will expire on March 1, 2025, March 1, 2028, and March 1, 2030, respectively.
• As of July 31, 2024, the Board had 440 cases remaining in its backlog.

If you have additional questions about how the MSPB appeal process works or about the current MSPB case backlog, our team of federal employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.