For the first time since 2017, the Merit Systems Protection Board (MSPB) has a quorum. The MSPB is the Board that serves as an appellate court issuing precedential and non-precedential decisions when reviewing initial decisions of MSPB administrative judges. When all seats are occupied, the Board has three sitting members. Although only two of the three seats presently are filled, having two members allows for the quorum needed to issue decisions.

Because there was no quorum between 2017 and 2022, there is a backlog of approximately 3,600 appeals awaiting a decision from the MSPB. In addition to any new cases filed with the MSPB, the two members of the Board will have to issue decisions on the backlogged cases. Although this will be a time consuming process, it is long overdue.

If you have questions about the MSPB, or other employment rights of federal employees or applicants, please contact Ben Wick at ben@wick-law.com or 720-999-5390.