HR GlossaryMSPB (Merit Systems Protection Board)

MSPB (Merit Systems Protection Board)

The MSPB acts as a civil court for claims by federal employees providing a forum for reviewing, affirming, and overturning decisions made by federal HR professionals and managers. 

The Merit Systems Protection Board (MSPB or Board) is a quasi-judicial federal agency. It is responsible for handling appeals of adverse employment decisions that have been made against federal employees. 

What is the Merit Systems Protection Board? 

The MSPB hears cases of current or former federal workers who have been demoted, suspended, or let go from federal civil service, who can ask the MSPB to review those decisions. The MSPB does not handle: 

  • Discrimination complaints — the Equal Employment Opportunity Commission handles allegations of bias.
  • Unfair labor practices complaints — the Federal Labor Relations Authority handles those claims.
  • Civil service exams, staffing, retirement, and benefits — the Office of Personnel Management handles those matters.
  • Non-federal appeals from private-sector or local, city, county, or state employees.

Why is the MSPB important to HR professionals? 

The MSPB acts as a civil court for claims by federal employees. It provides a forum for reviewing, affirming, and overturning decisions made by federal HR professionals and managers. 

The agency’s headquarters is in Washington, D.C., with regional and field offices throughout the country. The Board usually consists of three board members nominated by the president and confirmed by the U.S. Senate for 7-year terms. Final written decisions by the Board require a quorum of at least two board members. 

What is the history of the MSPB? 

The enactment of the Civil Service Reform Act of 1978 (CSRA) established the Board in 1979. The CSRA repealed the Civil Service Commission and created three new agencies: 

  • Office of Personnel Management — manages the federal workforce
  • Federal Labor Relations Authority — oversees federal labor-management relations
  • Merit Systems Protection Board — reviews federal employee appeals (a function formerly handled by the Civil Service Commission)

How does the MSPB appeals process work? 

  • Federal employees can start the appeal process by filing claims through the MSPB’s website, or by mail, fax, delivery service, or hand delivery.
  • The Administrative Law Judge (ALJ) assigned to the case issues an acknowledgment to the worker and the agency, then asks for supporting information and responses from both parties.
  • The ALJ holds a hearing to clarify the written information provided and to hear testimony from those involved, such as the worker, agency representatives, and witnesses.
  • The ALJ issues a decision, either upholding the agency’s decision or reversing the action.
  • If either party is not satisfied, they may file a petition for review with either the MSPB’s 3-member board panel in Washington, D.C., or a federal appeals court.

Example of an HR case 

A federal agency removed a GS-9 Supervisory Human Resources Specialist from his job in 2015 based on a charge of conduct unbecoming a supervisor. His supervisor stated he had spoken to the worker repeatedly about his behavior toward female subordinate employees, including making comments that made them uncomfortable and spending excessive time in closed-door conversations with a subordinate. The HR Specialist appealed his removal to the Board. 

The ALJ sustained the charge but substantially reduced the penalty, citing mitigating factors including the worker’s 20 years with the agency, good performance, and a claim of workplace stress and depression. The ALJ concluded removal was unreasonable and ruled that the maximum reasonable penalty was a 14-day suspension and demotion to a nonsupervisory position. 

The agency filed a petition for review, arguing the judge had trivialized the seriousness of the misconduct and improperly substituted her own judgment for that of the deciding official. The MSPB’s 3-member board panel handled the appeal and reinstated the agency’s decision to remove the employee from federal service. 

The panel found that the administrative judge had failed to recognize the seriousness of the misconduct and emphasized that supervisors occupy positions of trust and responsibility, holding them to a higher standard of conduct. The panel noted that the employee’s role as a Supervisory Human Resources Specialist made the misconduct particularly serious given the importance of a healthy and effective human resources department to any agency. 

Summary 

The MSPB protects federal workers from prohibited personnel practices in the areas over which it has jurisdiction. Filing an appeal with the MSPB is less expensive than going through the federal court system. The MSPB is a vital agency for federal HR professionals through its oversight of agency appeals.