Whistleblowing

Rising Workload Exacerbates Delays at the U.S. Merit Systems Protection Board

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Main image to the post Rising Workload Exacerbates Delays at the U.S. Merit Systems Protection Board

The U.S. Merit Systems Protection Board, known for handling appeals from federal employees who claim wrongful termination or politicized disciplinary actions, has seen a dramatic spike in new cases across the country. Recent records indicate that in just one week the board received over 1,800 new cases, a stark increase from the roughly 100 cases it processed weekly in earlier months. This surge comes amid a broader trend of federal layoffs under the Trump administration.

Headquartered in Washington, D.C., and supported by six regional offices, the board now struggles to cope with the growing number of cases, compounded by its modest staff of around 190 full-time employees. The board’s mandate includes conducting legal research, studying the structure of the civil service, and, most notably at this time, assessing appeals related to claims of unfair employment practices. Legal experts, including a seasoned attorney in federal workforce issues, have warned that the backlog will likely extend the review period further, potentially doubling or even tripling the time required to resolve each case.

Historical instances of similar surges were noted in 2013, when a mass influx of furlough-related appeals due to federal budget disputes also overwhelmed the agency. During that time, the board had to rely on overtime work from its paralegals and legal assistants, as well as temporary hires, to manage the workload. Special teams were quickly assembled to assist with the heavy docket, highlighting the recurring challenges the board faces when its procedures and technical systems are pushed to their limits.

Advocates for government whistleblowers and federal workers have stressed the critical role of the board in safeguarding democracy and ensuring accountability within the federal workforce. With the rising profusion of cases linked to allegedly politically motivated terminations, labor representatives and government watchdogs warn that this backlog may be an intentional obstacle, undermining the integrity and nonpartisan nature of the civil service. As the agency continues to struggle with these mounting pressures, concerns grow over its ability to provide timely relief to affected federal workers.

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May 21, 2023 | 05:09