MSPB FY 2009 Appeals Processing Results.

MSPB FY 2009 Appeals Processing Results

Just in case anyone was interested -

The track record of your odds at getting an adverse agency decision reversed before the Merit Systems Protection Board. (MSPB).

The 2009 stats were release, and here is what they say:

Of the total of 7,998 decisions filed, only 174 resulted in the MSPB overturning the decision of the Agency.


The MSPB recently published its FY 2009 Annual
Report containing summaries of significant Board
decisions and detailed case processing results. The MSPB
issued 7,998 total decisions in FY 2009.

Significant Board decisions addressed issues such as MSPB appeals
procedures, alternative personnel systems, discrimination,
retirement, suitability, the Whistleblower Protection
Act, and veterans' rights under the Veterans
Employment Opportunities and Uniformed
Services Employment and Reemployment
Rights Acts.


MSPB's regional and field offices issued
almost 7,000 decisions with an average
processing time of 83 days. Of those, almost
56 percent (3,485 cases) were dismissed—
usually for lack of jurisdiction or timeliness.
MSPB's settlement and mediation programs provided an
opportunity for the parties to reach mutually acceptable
resolutions to their cases. As a result, almost 62 percent
of the remaining 2,780 appeals (1,720 cases) were settled
by the parties, meaning that MSPB did not rule on those
cases. Of the 1,060 appeals that were adjudicated on the
merits, 81 percent (859 cases) of the agencies' decisions
were affirmed, 16 percent (174 cases) were reversed and 2
percent (23 cases) were mitigated.


At headquarters, the Board issued 1,027 decisions
with an average processing time of 94 days or less. Of
the 850 decisions on Petition for Review (PFR) of Initial
Decisions issued by the Board, 79 percent (668 cases)
were denied, almost 10 percent (80 cases) were granted,
almost 6 percent (47 cases) were denied but reopened by
the Board, and less than 7 percent (55 cases)
were settled or dismissed. Of the 127 cases
that were reviewed by the Board, 49 percent
(62 cases) were remanded for reconsideration,
35 percent (44 cases) were affirmed, 7 percent
(9 cases) were reversed, and the remaining 9
percent of cases had other outcomes.


In addition, MSPB continues to issue legally supportable decisions, as evidenced
by the fact that the U.S. Court of Appeals for the Federal
Circuit left unchanged (dismissed or affirmed) over
90 percent of MSPB decisions that were appealed to
the Court. These results indicate that MSPB continues
to ensure that the Federal workforce has access to lots of
due process but very little justice.