Personnel Board Did Not Hear Appeal in Timely Manner: A Critical Review

The recent decision by the Merit Systems Protection Board (MSPB) has raised concerns about the timely processing of appeals. In a precedential opinion, the MSPB determined that it did not have jurisdiction over an employee's appeal due to the agency's failure to provide interim relief in a timely manner.

The case involved an appellant who was terminated by the Department of the Army after serving as a nurse for nearly two years. The termination was followed by a petition for review filed with the MSPB, which argued that the board lacked jurisdiction over the employee's appeal. However, the agency failed to provide interim relief to the employee, despite being required to do so under the relevant regulations.

The MSPB examined whether the agency had complied with the interim relief order and determined that it had not. The board noted that the agency did not pay back wages and associated benefits from the date on which the initial decision was issued, as required by law. Instead, the agency submitted evidence of compliance with the interim relief order, which was deemed improper.

The appellant's petition for enforcement was also denied because the MSPB regulations do not allow for a petition for enforcement of an interim relief order. The board concluded that the agency had failed to provide interim relief in a timely manner, and therefore, did not have jurisdiction over the employee's appeal.

This decision highlights the importance of complying with regulatory requirements related to interim relief and appeals. It also underscores the need for agencies to prioritize timely processing of appeals to ensure fairness and due process for employees.

In this case, the personnel board failed to hear the appeal in a timely manner, leading to a denial of jurisdiction over the employee's appeal. This outcome highlights the potential consequences of delays in processing appeals and emphasizes the importance of prompt action by both agencies and the MSPB. Ultimately, this decision serves as a reminder for all parties involved in the appeals process to prioritize compliance with regulatory requirements and to take timely action to ensure fairness and due process for employees.

Personnel board did not hear appeal in timely manner