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Merit Systems Protection Board (MSPB)
Practical Law Glossary Item 9-576-1467 (Approx. 4 pages)
Glossary
Merit Systems Protection Board (MSPB)
The US agency responsible for protecting the federal merit system principles (MSPs) and promoting an effective federal workforce free of prohibited personnel practices (PPPs). The MSPB is an independent, quasi-judicial agency in the executive branch that:
- Adjudicates federal employee appeals of adverse employment actions and retirement decisions.
- Conducts studies of the federal merit systems and federal human capital management issues.
- Reviews the rules, regulations, and significant actions of the federal Office of Personnel Management (OPM).
The MSPB adjudicates complaints and appeals filed by federal employees under the following statutes:
- The Civil Service Reform Act of 1978 (CSRA).
- The Veterans Employment Opportunities Act (VEOA).
- The Whistleblower Protection Act (WPA).
- 38 U.S.C. § 714, which provides for expedited appeals for most Department of Veterans Affairs (VA) employees suspended, demoted, or removed based on performance or misconduct.
- 38 U.S.C. Section 7403(f)(3), which protects certain employees of the Veterans Health Administration.
- 22 U.S.C. Section 4010a, which covers reduction-in-force actions affecting a career or career candidate appointee in the US Foreign Service.
The MSPB has overlapping jurisdiction with the Equal Employment Opportunity Commission (EEOC) for personnel actions that may be appealed to the MSPB and which the employee alleges were based wholly or in part on discrimination based on race, color, religion, sex, national origin, disability, age, or genetic information.
The MSPB also works in conjunction with the Office of Special Counsel (OSC). The Special Counsel investigates allegations that an agency has committed a PPP and prosecutes cases before the MSPB to obtain disciplinary or corrective action.
MSPB leadership consists of three Board Members appointed by the President and confirmed by the Senate. The MSPB is headquartered in Washington, DC, and has six regional and two field offices located throughout the US.
For more information, see Practice Notes, The Merit Systems Protection Board (MSPB) and Civil Service Protections for Federal Employees: Overview.