An Introduction to the MSPB
The U.S. Merit Systems Protection Board is part of the executive branch of the United States government. The MSPB serves as an advocate for federal employees and ensures that employment decisions in federal government are made using the merit system.
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Formation
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The board was formed in 1978 as part of the Civil Service Reform Act. This act reorganized the Civil Service Commission (formed in 1883) into three new departments, including the MSPB. The act also formed departments that oversaw the federal job force (Office of Personnel Management) and federal labor-management relations (Federal Labor Relations Authority).
The Board
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A three-member board oversees the MSPB. This board is appointed by the president and approved by the Senate. Members are appointed to overlapping seven-year terms and cannot be reappointed. The board must also be bipartisan--no more than two of its three members can be from the same political party. The board features a chairman, a vice-chairman and a member. An appointment can be rescinded only by the president, and only for reasons of inefficiency, neglect of duty or malfeasance.
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Principles
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As part of its reorganization, the MSPB was given a set of nine merit system principles to use as an advocate for federal employees. They include seeking a qualified and diverse workforce that is selected, promoted and retained only by merit; fair treatment; respect for privacy; and equal pay. The principles ask that employees maintain high standards of conduct when dealing with the public. Employees should receive ongoing education and training, be protected from partisan politics and be protected for reporting wrongdoing in a government department (or whistle-blowing).
Prohibited Practices
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There are 12 provisions detailing prohibited practices. The guidelines prohibit nepotism, discrimination for any reason, coercing political activity from an employee and knowingly blocking someone from employment. The MSPB may intervene on behalf of veterans who are federal employees and are facing disciplinary action.
Making an Appeal
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The MSPB's main function is to hear appeals from federal employees. The majority of appeals, according to the MSPB's website, regard actions taken by a federal employer. Those actions can include firings, suspensions (two weeks or more), reduction in grade or pay, and furloughs of 30 days or more.
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