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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