Reauthorization of the Merit Systems Protection Board Hearing Before the Subco

Cover Reauthorization of the Merit Systems Protection Board Hearing Before the Subco
Reauthorization of the Merit Systems Protection Board Hearing Before the Subco
Zationo042894
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S. P. R. 532 (1991). This means that depending on how an employee was wronged, s/he will have to bring several dif- 31 ferent actions for each legal challenge to the same incident. Given the nvunber of federal employees and claims filed annually it is hard to see how such a ruling would serve the interests of any parties or the system.
Several problems v^th the Board have remained unresolved, even after congres- sional pressure. Since 1992 the Board has not decided Thompson v. Department of Jus
...tice, (MSPB Docket No. DE 122 1920 182 Wl). Here the administrative judge ex- cluded a Justice Department employee from Whistleblower Protection Act coverage by designating her as a confidential policy-maker, exempted under 5 U. S. C. 2302 (a)(2)(B), a year after her termination and just before a scheduled MSPB hearing under the Act. Last year key members of Congress, including this subcommittee's former chair, submitted an amicus curiae brief to the Board on this still-pending case.
CREATING AGENCY ACCOUNTABILITY Much time-consuming, draining litigation could be avoided if agencies were more carefiil in reviewing personnel proposals before taking final agency action.


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