- 1 What is a MSPB hearing?
- 2 How do I appeal MSPB?
- 3 Are MSPB decisions public?
- 4 How does the MSPB work?
- 5 What are the Hillen factors?
- 6 What are Douglas factors?
- 7 What actions are appealable to the MSPB?
- 8 How do I appeal a federal hiring decision?
- 9 What does MSPB have jurisdiction over?
- 10 What are merit principles?
- 11 Which merit system principle ensures fair and equitable treatment?
- 12 What is a drawback of the merit system?
- 13 What does the merit system require?
- 14 Who administers the merit system?
What is a MSPB hearing?
Federal employees often ask what happens during an actual hearing before the Merit Systems Protection Board (MSPB). A hearing, especially for an unrepresented federal employee, can be a daunting process. This article focuses on what federal employees can expect during a typical MSPB hearing.
How do I appeal MSPB?
Appeals may be filed by mail, by facsimile, by commercial overnight delivery, by personal delivery, or by the Board’s electronic filing procedure, e- Appeal Online (https://e- appeal. mspb.gov/). Appeals and other submissions may not be made by email.
Are MSPB decisions public?
Decisions of the Board may be reviewed and downloaded from the MSPB website. These decisions are generally available on the next business day after issuance.
How does the MSPB work?
MSPB carries out its statutory responsibilities and authorities primarily by adjudicating individual employee appeals and by conducting merit systems studies. In addition, MSPB reviews the significant actions of the Office of Personnel Management (OPM) to assess the degree to which those actions may affect merit.
What are the Hillen factors?
These include: (1) The witness’s opportunity and capacity to observe the event or act in question; (2) the witness’s character; (3) any prior inconsistent statement by the witness; (4) a witness’s bias, or lack of bias; (5) the contradiction of the witness’s version of events by other evidence or its consistency with
What are Douglas factors?
The Douglas factors are also referred to as mitigating factors. These factors are used to argue that disciplinary charges for federal employees, even if true, should still result in a lower penalty than the one proposed. The Douglas factors originate from the case of Douglas v. VA, 5 MSPR 280, 5 MSPB 313 (1981).
What actions are appealable to the MSPB?
An otherwise appealable action is a personnel action which is subject to the MSPB’s jurisdiction under a law, rule, or regulation. For example, a removal, suspension of 15 days or more, and a reduction in grade or pay are personnel actions that are directly appealable to MSPB.
How do I appeal a federal hiring decision?
If your supervisor believes that your position should be reevaluated, he or she can request a review by the personnel office. Further, you may appeal the classification of your position to your agency at any time. You may seek a change in the grade, occupational series, and sometimes the title of your position.
What does MSPB have jurisdiction over?
What are merit principles?
More in: Legal Reference. The merit system principles are the public’s expectations of a system that is efficient, effective, fair, open to all, free from political interference, and staffed by honest, competent, and dedicated employees.
Which merit system principle ensures fair and equitable treatment?
The second principle, concerning fair and equitable treatment, sets forth the vision that Federal personnel management be free of unfair treatment and discrimination, where decisions are made solely on legitimate merit-based considerations.
What is a drawback of the merit system?
A benefit of the merit system is that it helps to ensure the most qualified applicants are given the position. A drawback is that the bureaucracy is less responsive to the will of elected leaders than under patronage.
What does the merit system require?
The merit system requires that a person be evaluated based on his or her ability to demonstrate KSAs that match those described or better. The individual who is hired should have better KSAs than the other applicants.
Who administers the merit system?
CalHR is responsible for the administration and management of the Merit System Services (MSS) Program for certain local government employees.