MSPB: Survey of recent Initial Decisions
From time to time, I will review a selection of MSPB Initial Decisions. This weekend, I reviewed 52 cases in which an Initial Decision of the MSPB was issued between June 29, 2007 and July 6, 2007.
The first noteworthy point is that the MSPB issued 52 Initial Decisions in one week. That is a lot of decisions, but it’s probably about average - maybe even a little on the low side (based purely on my periodic observations). It helps to explain, though, why the MSPB doesn’t have much patience for untimely appeals and appeals over which they have no jurisdiction.
Here are some interesting numbers to consider:
- The Agency’s action was upheld 15% of the time. (8 out of 52 appeals)
- The Appellant prevailed only 2% of the time (1 out of 52 appeals)
- 44% of the cases settled. (23 out of 52 appeals)
- 39% of the cases were dismissed (20 out of 52 appeals).
Of the 20 cases dismissed, 9 were dismissed because the MSPB lacked jurisdiction. 6 were dismissed without prejudice towards refiling. 4 were withdrawn by the Appellant, and 1 was dismissed as untimely filed.
What these statistics suggest, even though they are a small sample, is that the employee’s best chance for a favorable outcome is usually in settlement. This is one reason our Firm tells its clients that ignoring a reasonable settlement offer from an Agency is a sure-fire way to lose your appeal. Read our Blog entry on the topic by clicking here.
In far too many of the cases, the Appellant went unrepresented by an attorney. A lawyer familiar with the MSPB practices and procedures can improve your ability to negotiate a favorable settlement, can improve your ability to present a persuasive legal argument to an Administrative Judge, and may spot legal issues in your case that you didn’t know existed. Contact an MSPB lawyer today to discuss your MSPB appeal.
