MSPB Chairman Resignation and the Impact on Board Operations

by | Jan 5, 2017

Last Updated May 8, 2024
A MSPB judge resignation

resignation

The Chairman of the Merit Systems Protection Board (MSPB), Susan Tsui Grundmann has announced her resignation effective January 7, 2017. Grundmann, appointed by President Barack Obama and confirmed by the Senate in 2009, had a term that expired on March 1, 2016. However, she has been serving in a holdover capacity pursuant to 5 U.S.C. § 1202. Her current contract had an expiration date of March 1, 2017. She gave no explanation for the reason of resignation.

Current Board Composition in Light of Resignation

In addition, the Vice Chairman position has been vacant since March 2015, leaving only one member, Mark Robbins. He assumed the role in 2012 and is now serving in an administrative and executive role for the MSPB.

So how does this affect federal workers?

Due to the existing vacancy and Grundmanns’ sudden resignation, there is a loss of Board quorum. Quorum is the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid.

Processing of Petitions and Appeals

Petitions are still being accepted and the filing deadlines remain the same; however, the Board won’t be taking any action for the foreseeable future until President-elect Donald Trump nominates someone new. This also means that the Board can’t issue final rulings on appeals, issue study reports, or perform other normal functions. Which means the already long wait times on cases just got longer.

Board administrative judges will still hear appeals and issue initial decisions. If neither party files a petition for review of the initial decision, the appellant may exercise their right and appeal directly to the U.S. Court of Appeals for the Federal Circuit, another U.S. court of appeals, or the U.S. District Court. Deadlines remain the same.

Essentially, until one new member receives a nomination and confirmation, the MSPB Board can’t operate normally.

Message us & find out if you qualify today!

  • This field is for validation purposes and should be left unchanged.

Recent Articles

Q&A: Answers to Frequently Asked Questions on VERA

As the federal workforce continues changing, it can be difficult to stay informed and know what the best plan of action is. One thing that can be confusing is Voluntary Early Retirement Authority or VERA. Here’s a list of some of the most common questions we’re seeing...

Q&A: Your Most Frequently asked RIF Questions – Answered

With Reductions in force (RIFs) on the rise for almost all federal agencies, federal employees need to understand what their options are and how they can protect themselves.   Read through to find answers to your most commonly asked questions.   Q: How do I know if my...

Mass RIFs Could Put You at Risk – 4 Ways to Act Now

If you haven’t already been targeted by one of the administrations cuts, you’re not out of the woods just yet. The next phase of President Trump’s plans to cut the federal workforce is here in the form of large-scale reductions in force – or RIFs. Federal agencies...

Think Twice Before Taking a VSIP – It Could Cost More Than You Expect

It goes without saying that there’s a lot going on in the federal government right now that directly affects federal employees. While this administration is trying to reshape and reduce the size of the federal workforce, there’s been a variety of resignation and early...

Federal Employee Resources

Our ever growing library of federal employee resources give you the knowledge you need to make smart choices about your future.

FAQs

Frequently Asked Questions

Get the answers you need on-demand, from a team of federal employee benefits professionals.

View FAQ
Webinars

Federal Benefit Webinars

Twice per month we host webinars to help federal employees better understand their benefits and answer their questions LIVE.

See Webinar Schedule
Guides

Benefit Guides

From guides to detailed charts, these educational resources will help clarify confusing federal employee benefits topics.

See our resources