Merit Systems Protection Board (MSPB) Awards Back Pay To Former Employee of General Services Administration

In a recent decision by the MSPB, Paul Prouty, former Region 8 Commissioner of the General Services Administration (GSA)’s Public Buildings Services, was found to have been wrongfully terminated for his alleged involved in the Western Regions Conference Scandal. An administrative law judge ordered that the GSA reinstate Mr. Prouty and give him nine months of back pay.

The case arose from the so-called Western Regions Conference Scandal, during which GSA employees were alleged to have engaged in excessive spending and misconduct at a 2010 conference near Las Vegas. About 300 GSA employees attended the conference at a total cost of over $800,000. Mr. Prouty was fired by the GSA on the grounds that he knew or should have known of the wasteful spending that was occurring within the agency. However, Mr. Prouty fought his firing and brought an appeal with the MSPB, leading to his reinstatement.

The MSPB is not limited to hearing high-profile cases such as that involving Mr. Prouty. A federal employee of any grade can pursue a claim against an employer they believe has wronged them. While the agency can appeal the decision of the MSPB (as it has done in Mr. Prouty’s case), the MSPB helps ensure that the rights of federal employees are protected from unfair or arbitrary action.

Overview of MSPB Appeals & Process

The MSPB was created by the Civil Service Reform Act (CSRA), and was designed to protect federal employees from unfair, arbitrary, or abusive actions by employers. The MSPB ensures that federal agencies comply with the Merit System Principles, requiring that decisions by federal employers be based solely on merit, and without regard to an employee’s race, religion, gender, national origin, marital status, age, or disability.

One way the MSPB holds employers accountable for violations of the merit system is by hearing appeals from federal employees who have been treated inappropriately or unfairly. Some adverse actions that may support an appeal to the MSPB include:

·         Termination

·         Suspension

·         Demotion

·         Discrimination or Harassment

·         Involuntary transfer

·         Reduction in grade

·         Reduction in pay

The MSPB protect a federal employee’s due process rights, meaning that an employee has the right to appeal an action taken by an employer, and is also entitled to other procedural rights. For example, an employee has the right to be involved in an investigation related to his or her employment and the right to be notified in advance of potential discipline or termination. In addition, if an employee is notified of potential discipline or other action, he or she must be given an opportunity to respond to avoid or mitigate the problem.

If an employee files a claim with the MSPB, the case will be heard by an Administrative Law Judge. Each party can request information and evidence from the other side, and can call witnesses in support of his or her case.

Contact Experienced MSPB Lawyers Today To Ensure Your Rights Are Protected