Federal Workers are Rushing to a little-known and under Staffed Office, to try to Save their Jobs from Trump’s (R) Mass Government Layoffs, in hopes that it will be a Bulwark against Trump and Musk. as they push for more Cuts.
The Merit Systems Protection Board (MSPB), is Facing an Avalanche of New Cases as the Trump Administration plows ahead with its efforts to significantly Reduce the Ranks of the Federal Government. The Board is also grappling with what One Judge recently described as a “nakedly illegal” attempt by Trump to Prematurely Remove the Chairwoman of the Independent Agency.
The Biden (D) Appointed Chairwoman will be back in Court Monday, for another Hearing on how long She can Stay in the Role, as the Trump Administration continues to try to Push Her Out. One of the other Members Retired Friday, meaning Trump could hobble the Board if He Prevails in Firing the Chairwoman, by depriving it of the Quorum it needs to issue Final Decisions.
The Obscure Board, barely known outside of Government, is set to become the next Major Battleground for Trump and the Federal Workers He’s trying to Fire. Its increasingly Important Role became clear after some Judges recently turned away Lawsuits about the Cuts, telling Employees and their Unions that they need to go to MSPB First to Review Firings.
Federal Workers filed more New Cases last week, than in the previous 12 weeks Combined, according to the Board, and more than 2,700 Cases have been Filed since Trump’s Inauguration. The Board’s Executive Director acknowledged that it is currently “Understaffed,” but expressed confidence that it can handle the Surge of Cases. One MSPB Employee said the Agency’s Workload went from “Busy” to “Overwhelming” in a matter of days, amid the Federal Firings.
“They are coming in faster than we can process them,” the Employee said, adding that Laid-Off Workers are also Calling and emailing with Questions. “We’re going to be digging out from this for a long time.”
Former MSPB Member Mark Robbins (R), Obama-Pppointed who served on the Board from 2012 to 2019, said the flood of ew Appeals is “Shocking” and “the staff must have their eyes bugging out right now.” The Board has fewer than 190 Staffers, and many Employees are Lawyers and “Nerds” who are enthralled by Federal Procedure, Robbins said. Its Budget last year was $52 million, which is Meager by Government Standards.
The MSPB already issued a Decision in a closely watched Case about Six Probationary Workers in New Roles, which gives them fewer pPotections and makes them a Top Target for Cuts. One of those Employees was a 100% Disabled Veteran who was Praised by their Boss for their “willingness to go above and beyond”, only to be Hit by Trump’s Layoffs later that day.
The Board on Tuesday Temporarily Reinstated the Six Employees that Trump Appointees tried to Fire, handing Activists an Initial Victory, as they try to save the Jobs of Thousands of Others. “Now that we have this determination, we’re going to be requesting broader relief,” said Skye Perryman, President of Democracy Forward, a Liberal-Leaning Nonprofit at the Forefront of these and other Legal Challenges. “The individuals we represent are representative of so many individuals in these federal agencies who were terminated improperly without proper cause.”
The MSPB is an Independent, Quasi-Judicial Agency established in 1979. The Board’s website says it’s the “guardian of federal merit systems.” It was created after Actions by President Jimmy Carter (D) and Congress, as part of the Civil Service Reform Act, a Post-Watergate Reform that Professionalized the Federal Workforce and Imposed Bulwarks against Political Abuses.
“If you believe in a merit-based civil service – based on qualifications, objectivity, and intelligence, rather than political criteria – then it’s important to have guardrails up to protect that,” said Robbins, who was the Board’s Acting Chair during parts of Trump’s First Term. The Board Protects “merit system principles,” like Hiring only Qualified People, treating Staff Fairly regardless of Race or Religion, and Preventing Punishments based on Political Views, according to the MSPB website.
Most, but not All, of the Nation’s 2.4 million Federal Employees can go to the MSPB to Resolve Disputes. For instance, Employees can File a Case if they are Fired, Suspended, or Demoted. An Administrative Judge will hold Trial-like Hearings where both sides can conduct Discovery, issue Subpoenas, call Witnesses, and present Evidence. That judge’s Decision can be Appealed to the MSPB board. The Board’s Final Ruling can then be Appealed in the Federal Courts.
The Agency has a Reputation of being Fair, said Jenny Mattingley, Vice President for Government Affairs at the Partnership for Public Service, a Nonpartisan Group that focuses on Improving the Federal Government. “Sometimes they find for the employees, sometimes they find for the agency. It depends on the facts of the case,” She said. “From that perspective, both agencies and employees trust going to MSPB.”
The MSPB is a Three-Member Panel. Board Members are Appointed by the President and must be Confirmed by the Senate. The Three Board Members serve Seven-year Terms. Federal Law says No more than Two Board Members can be from the same Political Party. There is currently a 2-1 Democratic Majority on the Board. The Chairwoman, Cathy Harris, was Appointed in 2022 by President Biden (D).
There are some steps Trump could take to try to Neutralize the Agency and Slow down its Work. That could put Fired Workers in a Bind, as some Federal District Court Judges have already said they can’t consider Lawsuits about Mass Layoffs. if Employees don’t go First to the MSPB.
The Merit Board can’t issue Final Decisions without a Quorum. If there are Two Vacancies on the Three-Member Panel, then it Loses its Quorum. MSPB’s Administrative judges can still Hear Cases, but any further Appeals are Paused, because the Hobbled Board can’t Issue Final Rulings.
During Trump’s First Term in the White House, there was No Quorum, because Trump’s didn’t fill Two Vacancies. It’s Unclear if this was an Intentional Move. The Board regained a Quorum in 2022 under Biden, but Not before building up a significant Backlog of roughly 3,800 Cases that were awaiting Final Resolution. After the Quorum was Restored with Harris’ Appointment, the Board Closed approximately 94% of the Backlogged Cases, and theAagency said in a Report last month, that it expected to Resolve All of the remaining Cases this year.
On Trump’s First day in Office, He tried to Fire Harris, triggering an MSPB Leadership Crisis. However, the boilerplate Termination Email sent to Harris on February 10th didn’t cite any Cause, Required by Federal Law to Dismiss an MSPB Member. She filed a Lawsuit and was Reinstated for now, after a Judge said Trump’s move appeared to be “nakedly illegal. “The MSPB’s mission and purpose require independence,” District Judge Rudolph Contreras wrote in a Ruling last week, adding that “ninety years of Supreme Court precedent” cut against the Justice Department’s Arguments that Trump could Fire Harris for any reason at any time.
Another Hearing is set for Monday, where Harris will Push for a Longer-Term Reinstatement. Her Lawyers argued in a recent Filing that “now more than ever,” MSPB’s impartiality is Essential, and they cited the “ten-fold increase” to the Board’s Caseload since Trump was Sworn-in.
Some Workers have been sharing Template Appeal Letters, and trying to Work toether to figure out what's happening, Supporting each other, and determining the Legal Issues they face.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
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