MSPB: Appeals of denial of within-grade increase.

By Chris Attig | Permalink
April 30th in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

WIGIs, or within-grade increases, are fairly routine increases in salary for GS employees. They are typically earned by service in a particular grade for a particular period of time. The WIGI is only earned if an employee has maintained an “acceptable level of competence” (ALOC) during the entire “waiting period”.
When an employee is denied a WIGI, they have a right to appeal the denial to the Merit Systems Protection Board (MSPB). However, the employee must first [...]

What is Discontinued Service Retirement for Federal Employees?

By Chris Attig | Permalink
April 29th in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Federal employees who are involuntarily separated, other than for misconduct or delinquency, and who have 25 years of service (or are 50 years old and have only 20 years of service) will be entitled to a Discontinued Service Retirement annuity.

The purpose of the discontinued service retirement is to cushion the blow to a federal employee who finds himself or herself involuntary separated from their Agency after investing years in federal service.
An involuntary separation includes any separation without an employee’s [...]

MSPB’s Mediation Assistance Program

By Chris Attig | Permalink
April 28th in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

The MSPB has a little-known program known as the Mediation Assistance Program (MAP), wherein Federal Employees can attempt to negotiate a resolution to their MSPB appeal with their Agency.

In my experience, very few Agency attorneys have experience with, or even know of, the Mediation Assistance Program. This is unfortunate, because the program is probably one of the better mediation forums available to Federal employees.

Upon request to the Administrative Judge (preferably upon agreement of both sides), your case will be assigned [...]

Can federal employees make Position Classification Appeals to the MSPB?

By Chris Attig | Permalink
April 27th in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

The short answer – no; the MSPB does not have jurisdiction over appeals of position classifications. However, you can file a Position Classification Appeal with the Office of Personnel Management (OPM).

Here are some aspects of your position classification you can challenge: the grade, occupational series, and sometimes, the title of your position. You may also seek to have your general schedule (GS) position converted to the wage system, or vice versa.

Here are some things you may not [...]

Bloch, Rove and the irrelevancy of the OSC.

By Chris Attig | Permalink
April 26th in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

This story about OSC Chief, Scott Bloch, is not nearly as funny as it is sad.

The Office of Special Counsel (OSC) is charged with, among other things, protecting Federal employees from retaliation for whistleblowing and from other “prohibited personnel practices”. The OSC is tasked with investigating allegations of this sort and, in some situations, bringing an action against the offending supervisor/Agency before the MSPB.

Anyone who has experience with the OSC in this capacity might agree that the Office [...]

MSPB: Can a medical illness be good cause for untimely filing?

By Chris Attig | Permalink
April 22nd in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

Generally, the answer to the above question is yes. However, the MSPB has laid out a test which will control whether or not a medical condition or illness can justify an untimely filed appeal.

The test is laid out in Lacy v. Dept. of Navy, 73 MSPR 434 (1998), and requires that an employee show three things:

(1) Identify the time period during which he suffered from the illness;

(2) submit medical evidence showing that he suffered from the [...]

Federal Disability Retirement: Can Federal Employees Appeal an OPM denial of disability retirement?

By Chris Attig | Permalink
April 20th in Federal Disability Retirement, MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.

The short answer to that question is “generally, yes”.

Disability retirement is available to Federal Employees who become disabled in the course of their employment. The disability need not have occurred while at work.  Whether or not an employee is eligible for  disability retirement depends on which Retirement System the employee works under.

CSRS employees must be employed for a minimum of 5 years and be no longer able to effetcively perform at their current grade or pay level due to a [...]