U.S. Merit Systems Protection Board 

 

Congressional

Budget

Justification

FY 2014

Prepared for 

The Committee on Appropriations

April 2013
i 

United States

Merit Systems Protection Board

Congressional Budget

Justification

For Fiscal Year 2014 

Submitted to the

Committee on Appropriations

April 2013
ii

Table of Contents 

Introduction ............................................................................................................................... 1 

About MSPB ..................................................................................................................................................... 1 

Overview .................................................................................................................................... 1 

External Trends Affecting MSPB’s Mission and Performance ................................................ 2 

Organization and structure of MPSB ........................................................................................ 4 

Board Organization .......................................................................................................................................... 4 

Organization Chart ........................................................................................................................................... 6 

FY 2014 Budget Request .......................................................................................................... 6

Summary of FY 2014 Independent Budget Request .................................................................................. 6 

Appropriation Language .................................................................................................................................. 7 

Strategic Goals.................................................................................................................................................. 7 

FY 2014 request by object class..................................................................................................................... 8 

Request to increase Agency FTE from 226 to 239 by Office..................................................................11

Budget Schedules – O Object Classification............................................................................................. 14 

Budget Schedules – Q Employment Summary......................................................................................... 15
1

The U.S. Merit Systems Protection Board

FY 2014 Budget Request

Introduction

A highly qualified Federal workforce managed under the Merit System Principles (MSPs) is critical 

to ensuring effective and efficient Federal agency performance and service to the public. In fact, the 

MSPs are in essence good management practices as such, and the most fundamental function of the 

Merit Systems Protection Board (MSPB or Board) is to ensure that these good management 

practices are employed in the management of the Federal workforce. The MSPs help ensure that the 

Federal Government is able to recruit, select, develop, and maintain a high quality workforce and 

thereby reduce staffing costs and improve organizational results that serve the public. A fully 

funded, well-run MSPB is critical to protecting the Federal merit systems, ensuring due process, 

promoting Government wide MSPs, and preventing Prohibited Personnel Practices (PPPs). With 

this request MSPB is exercising our independent authority to request $47,758,000 in budget 

authority to ensure the agency can meets its mission.

About MSPB

MSPB has its origin in the Pendleton Act of 1883, which established the Civil Service Commission 

(CSC) and a merit-based employment system for the Federal Government. The Pendleton Act was 

passed after the assassination of President Garfield by a disgruntled Federal job seeker and grew out 

of the 19th century reform movement to curtail the excesses of political patronage in government 

and ensure a stable highly qualified workforce to serve the public. Over time, it became clear that the 

CSC could not properly, adequately, and simultaneously set managerial policy, protect the merit 

systems, and adjudicate appeals. Concern over the inherent conflict of interest in the CSC’s role as 

both rule-maker and judge was a principal motivating factor behind the passage of the Civil Service 

Reform Act of 1978 (CSRA). The CSRA replaced the CSC with three new agencies: MSPB as the 

successor to the Commission;1 the Office of Personnel Management (OPM) to serve as the 

President’s agent for Federal workforce management policy and procedure; and the Federal Labor 

Relations Authority (FLRA) to oversee Federal labor-management relations. The CSRA also 

codified for the first time the values of the merit systems as the MSPs and defined the PPPs.2

Overview 

The MSPB is using its statutory independent budget authority to submit a budget that is 12% more 

than the President’s request on behalf of MSPB. This by-pass request is based on several factors, 

including: 

• Potential significant increase in caseload resulting from furlough appeals filed by federal 

employees. Such appeals could result in the Board’s caseload more than doubling; 

• Likely increase in appeals resulting from the passage of the Whistleblower Protection 

Enhancement Act of 2012; and 

• Lower staffing levels and reduced training as a result of the $2 million sequestration cut. 

 

1 Bogdanow, M., and Lanphear, T., History of the Merit Systems Protection Board, Journal of the Federal Circuit Historical Society, Volume 4, 2010. 

2 Title 5 U.S.C. § 2301 and Title 5 U.S.C. § 2302, respectively.
2

At MSPB, we recognize the financial challenges facing our nation with increasing pressure to cut 

fiscal spending and to reduce the size of the Federal government. On March 1, 2013, governmentwide “sequestration” was implemented and the Board sustained a decrease of over 2 million dollars 

from its budget. Moreover, as a result of sequestration, a number of agencies3, including the 

Department of Defense, the Environmental Protection Agency, and the Federal Aviation 

Administration have announced that they intend to furlough staff. Most federal employees will have 

a statutory right to appeal these furloughs to the Board. If even 1% of all furloughed federal 

employees decide to file appeals, the Board’s case workload would nearly double. Without a 

corresponding increase in budget authority to fund staffing needs to meet this increased workload, 

the Board’s ability to fulfill its statutory responsibility to adjudicate cases will be severely 

compromised. 

As we assess our needs for FY 2014, any additional decreases in MSPB’s budget authority will have a 

direct, adverse impact on our ability to perform our mission, which will cause a continuous increase 

in case processing time. MSPB’s shrinking budget authority has resulted in position vacancies, 

which have already contributed to the slowing of PFR processing times and could impact the 

Board’s ability to fulfill its statutory mission to conduct special studies of the civil service. In 

addition, we are severely limited in our ability to provide the outreach and education services that are 

essential to the effectiveness and efficiency of our adjudication and studies functions. If our budget 

continues to decrease and our appellate workload increases, we will not be able to improve the 

timeliness of PFR processing and are likely to experience significant reductions in the timeliness of 

initial appeals processing. A short fall in funding will also jeopardize our studies output and impact 

in the near and long term, and will delay internal improvements in our management processes.

Below are the external trends affecting MSPB’s mission and performance along with the fiscal year 

2014 Congressional Budget Justification of $47.758 million in budget authority. The total MSPB 

discretionary request of $47.758 million includes a transfer of $2.345 million from the Civil Service 

Retirement and Disability Fund. 

External Trends Affecting MSPB’s Mission and Performance

A number of significant external trends and issues are likely to affect MSPB’s mission to protect the 

Federal merit systems through FY 2014. 

External Trends 

• Government-wide adjustments from increasing retirements and the after effects of budget 

cuts, Reductions in Force (RIF), and furloughs. 

 

3 It has been reported that a number of federal agencies are planning to furlough their employees because of 

sequestration. For instance, according to reports, on April 3, 2013, the Environmental Protection Agency notified its 

employees that a first round of furloughs – which would entail four unpaid furlough days through June 15, 2013 – would 

begin on April 21, 2013. Similarly, the Department of Labor sent 4,700 employees furlough notices on March 5, 2013, 

which provided that furloughs would begin on April 15, 2013. Finally, officials at the Department of Defense recently 

announced that the vast majority of its 800,000 civilian workers would be furloughed for 14 days during the fiscal year. 

Additional information regarding federal agency plans to furlough because of sequestration can be found at: 

http://www.govexec.com/management/2013/04/furlough-watch-potential-agency-agency-impactssequestration/61535/
3

o Expected increase in federal employee appeals required by government-wide 

sequestration. 

o Expected increase in appeals due to retirements (benefits claims appeals). 

o Expected increase in appeals due to the WPEA, RIFs, agency realignments, and 

other actions to reduce or restructure the workforce. 

• Veterans’ rights and other potential changes in law and jurisdiction. 

o Increasing number of veterans returning from two wars. 

o Potential increases in adjudication workload, case complexity, and jurisdiction due to 

large scale changes in law or regulation affecting merit systems and appeals. 

• Revisions to Federal management and employee flexibilities. 

o Increases in appeals workload. 

o Increased intricacy in conducting studies and providing recommendations to ensure 

changes are managed under MSPs and free from PPPs.

o Additional requirements to educate management officials and employees.

• Modernization of the Federal workforce toward a knowledge-based workforce. 

o Additional observation and assessment of changes to ensure innovative 

practices that support MSPs and avoid violating PPPs. 

o Will require coordinated modernization efforts across the Government in 

conjunction with other agencies and departments. 

Actions Required to Address External Trends

• Preserving the integrity and enhancing the capabilities of adjudication services. 

o Fund adjudication staffing levels to account for the anticipated increase in appeals. 

o Continuing focus on performance measures to ensure equal agency emphasis on the 

quality, fairness and timeliness of hearings and decisions. 

o Expanding outreach to stakeholders to improve adjudication efficiency, and promote 

understanding of the adjudicatory process to Government agencies, employee 

unions, management organizations, and other stakeholders. 

o Greater emphasis on enforcement of compliance decisions.4

•

• Preserving the integrity of merit studies; developing regulation oversight capabilities. 

o Expanded promotion of merit studies to realize the full beneficial potential of study 

findings to the rest of the government. 

o Escalating outreach with Government agencies and other groups on policy and 

practice issues that affect MSPs and PPPs, restricting the implementation and impact 

of study recommendations, and the coordination of research planning. 

o Meet appropriate staffing levels to fulfill mission requirements (regulation oversight). 

• Enhancements to the flexibility and stability of the MSPB workforce. 

o Improve employee development, career training and management opportunities to 

support sudden adjustments in mission operations. 

 

4 Title 5 U.S.C. § 1204(a)(2)
4

o Create opportunities for legal staff to cross-train as mediators and specialists to 

support sudden service demands (such as through a RIF, furloughs, etc.). 

o Cross-train IT and business support staff. 

Organization and structure of MSPB

Board Organization

The agency has its headquarters in Washington, DC and eight regional and field offices located 

throughout the United States. The agency is currently authorized to employ 226 Full-time 

Equivalents (FTEs) to conduct and support its statutory duties. 

The Board Members include the Chairman, Vice Chairman, and Board Member. Board Members 

are appointed by the President, confirmed by the Senate, and serve overlapping, non-renewable

7-year terms. No more than two of the three Board Members can be from the same political party. 

The Board Members adjudicate the cases brought to the Board. The Chairman, by statute, is the 

chief executive and administrative officer of MSPB. The Office Directors report to the Chairman 

through the Executive Director. 

The Office of the Administrative Law Judge (ALJ) adjudicates and issues initial decisions in 

corrective and disciplinary action complaints (including Hatch Act complaints) brought by the 

Special Counsel, proposed agency actions against ALJs, MSPB employee appeals, and other cases 

assigned by MSPB. The functions of this office are currently performed by ALJs at the Federal 

Trade Commission (FTC), the Coast Guard, and the Environmental Protection Agency (EPA) 

under interagency agreements.

The Office of Appeals Counsel (OAC) conducts legal research and prepares proposed decisions 

for the Board for cases in which a party files a Petition for Review (PFR) of an initial decision issued 

by an Administrative Judges (AJ) and in most other cases decided by the Board. The office prepares 

proposed decisions on interlocutory appeals of rulings made by AJs, makes recommendations on 

reopening cases on the Board’s own motion, and provides research, policy memoranda, and advice 

to the Board on legal issues. 

The Office of the Clerk of the Board (COB) receives and processes cases filed at MSPB 

headquarters, rules on certain procedural matters, and issues MSPB decisions and orders. The office 

serves as MSPB’s public information center, coordinates media relations, produces public 

information publications, operates MSPB’s library and on-line information services, and administers 

the Freedom of Information Act (FOIA) and Privacy Act (PA) programs. The office also certifies 

official records to the courts and Federal administrative agencies, and manages MSPB’s records 

systems, legal research systems, the Government in the Sunshine Act program, and open 

government responsibilities. 

The Office of Equal Employment Opportunity (EEO) plans, implements, and evaluates MSPB’s 

equal employment opportunity programs. It processes complaints of alleged discrimination brought 

by agency employees and provides advice and assistance on affirmative employment initiatives to 

MSPB’s managers and supervisors.
5

The Office of Financial and Administrative Management (FAM) administers the budget, 

accounting, travel, time and attendance, human resources, procurement, property management, 

physical security, and general services functions of MSPB. It develops and coordinates internal 

management programs, including review of agency internal controls. It also administers the agency’s 

cross-servicing agreements with the U.S. Department of Agriculture (USDA), National Finance 

Center for payroll services, U.S. Department of the Treasury, Bureau of the Public Debt for 

accounting services, and USDA's Animal and Plant Health Inspection Service for human resources 

management services.

The Office of the General Counsel (OGC) as legal counsel to MSPB, advises the Board and 

MSPB offices on a wide range of legal matters arising from day-to-day operations. The office 

represents MSPB in litigation; coordinates the review of OPM rules and regulations; prepares 

proposed decisions for the Board to enforce a final MSPB decision or order, in response to requests 

to review OPM regulations, and for other assigned cases; conducts the agency’s PFR settlement 

program; and coordinates the agency’s legislative policy and congressional relations functions. The 

office drafts regulations, conducts MSPB’s ethics program, performs the Inspector General 

function, and plans and directs audits and investigations. 

The Office of Information Resources Management (OIRM) develops, implements, and 

maintains MSPB’s automated information systems to help the agency manage its caseload efficiently 

and carry out its administrative and research responsibilities.

The Office of Policy and Evaluation (OPE) carries out MSPB’s statutory responsibility to 

conduct special studies of the civil service and other Federal merit systems. Reports of these studies 

are sent to the President and the Congress and are distributed to a national audience. The office 

provides information and advice to Federal agencies on issues that have been the subject of MSPB 

studies. The office reviews and reports on the significant actions of OPM. The office also conducts 

special projects and program evaluations for the agency and has responsibility for preparing MSPB’s 

strategic and performance plans and performance reports required by the Government Performance 

and Results Act Modernization Act of 2010. 

The Office of Regional Operations (ORO) oversees the agency’s six regional and two field 

offices, which receive and process appeals and related cases. It also manages MSPB’s Mediation 

Appeals Program. AJs in the regional and field offices are responsible for adjudicating assigned 

cases and for issuing fair, well-reasoned, and timely initial decisions. 
6

Organization Chart

U.S. Merit Systems Protection Board

FY 2014 Budget Request

Summary of FY 2014 Independent Budget Request

The agency has determined it must exercise its statutory independent budget authority in order to 

request additional funds to perform its statutory functions. Specifically, the agency requests an 

increase of $4,358,000, which accounts for accurate funding of FTEs at the level necessary to cover 

critical functions, vacant positions, succession planning, as well as a modest increase to related 

object classes. The $47,758,000 bypass request for FY 2014 includes a transfer of $2,345,000 from 

the Civil Service Retirement and Disability Fund. The table below summarizes the agency’s 

independent budget requests for FY 2013 and FY 2014. 

 FY 2013 Independent FY 2014 Independent 

 Budget Request Budget Request 

 

Salaries and Expense $ 41,055,000 $ 45,413,000 

(net of sequester reductions) 

CSRD Reimbursement 2,345,000 2,345,000 

Total $ 43,400,000 $ 47,758,000 

Board

 CHAIRMAN MEMBER

General Counsel

Equal Employment

 Opportunity

Clerk of the

Board

Administrative 

Law Judge Regional

 Operations

Appeals Counsel Policy and 

Evaluation

Regional Offices 

Atlanta, Chicago,

Dallas,

Philadelphia,

San Francisco, and

Washington, DC 

Field Offices 

Denver and

New York

Financial and

Administrative

Management

Information 

Resources 

Management

Executive 

Director

Human Resources Management services are provided by 

USDA's Animal and Plant Health Inspection Service (APHIS) Business Services. 

Payroll services are provided by USDA's 

National Finance Center.

Accounting services are provided by the Department of the Treasury’s 

Bureau of the Public Debt.

VICE CHAIRMAN
7

 

The additional resources we are requesting reflect the requirements necessary to maintain current 

operational standards and manage an imminent loss of institutional knowledge and staff that will 

affect case processing times and quality of decisions. The cost to MSPB will include increased time 

to process appeals, limitations on mediation program availability, possible implementation of flawed 

personnel regulations, and a decrease in special studies and educational materials on MSPs for 

Federal employees and managers. These service deficiencies can lead to lower employee satisfaction 

and confidence among the Federal workforce, which can result in an increased number of appeals 

filed with the MSPB. 

The Board’s decision to exercise independent budget authority comes after heavy deliberation and 

exhaustion of other avenues of potential relief. This decision was made to ensure that the agency 

can meet its operational requirements, which will impact the operation of the Federal government as 

a whole. In exercising its independent authority, the MSPB requests $45,413,000 in general funds for 

FY 2014 to provide for salaries and related expenses and to ensure that the agency continues to 

meet its strategic and annual performance goals. 

The agency also requests a transfer of $2,345,000 from the Civil Service Retirement and Disability 

Fund to cover personnel compensation and benefit costs and other operating expenses associated 

with adjudicating retirement appeals. MSPB has authority to adjudicate appeals from a final 

administrative action or order affecting the rights or interests of an individual under 5 U.S.C. § 

8347(d) (the Civil Service Retirement System) and 5 U.S.C. § 8461(e) (the Federal Employees’ 

Retirement System), Pursuant to 5 U.S.C. § 8348(a)(3), the Fund is made available, subject to such 

annual limitation as Congress may prescribe, for any expenses incurred by MSPB in the 

administration of such appeals. The total FY 2014 bypass request of $47,758,000 will fund 239

FTEs. 

Appropriation Language 

For necessary expenses to carry out functions of the U.S. Merit Systems Protection Board pursuant 

to Reorganization Plan No. 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower 

Protection Act of 1989 (5 U.S.C. 5509 note), as amended, including services as authorized by 5 

U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of 

passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for 

official reception and representation expenses, $45,413,000, to remain available until September 30, 

2015, together with not to exceed $2,345,000, to remain available until September 30, 2015, for 

administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service 

Retirement and Disability Fund in amounts to be determined by the Merit Systems Protection 

Board. The Chairman is authorized to accept and use any gift or donation to carry out the work of 

the Board. 

Strategic Goals 

Our FY 2014 CBJ is structured on the basis of the MSPB FY 2012 – FY 2016 Strategic Plan. The 

agency’s performance goals cover the critical components of two strategic goals, and our 

performance measures support MSPB’s ability to manage and report performance over time. The 

strategic goals are:
8

Strategic Goal 1: Serve the public interest by protecting Merit System Principles and 

safeguarding the civil service from Prohibited Personnel Practices; and

Strategic Goal 2: Advance the public interest through education and promotion of stronger 

merit systems, adherence to Merit System Principles, and prevention of Prohibited 

Personnel Practices.

FY 2014 request by Object Class

The MSPB’s FY 2014 budget request of $47,758,000 reflects an increase of $4,358,000 from our 

FY 2013 by-pass request of $43,400,000. With this level of funding, MSPB expects to support a 

staffing level of 239 FTE, to continue to maintain quality services in support of the agency functions 

and meet the goals and objectives of the Strategic Plan. Our request includes inflationary 

adjustments common to most Federal agencies. With the requested amount, MSPB is prepared to 

undertake mission critical tasks and an array of new and continuing initiatives in FY 2014 that will 

allow MSPB to achieve its strategic goals in an efficient and cost-effective manner. 

A discussion of our more significant increases over the FY 2013 appropriation level follows: 

 

Personnel Compensation and Benefits – an increase of $ 3,046,000 

MOC Description

FY 2013

Request 

(000)

FY 2014 

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

11 Personnel Compensation $25,218 $27,815 $2,597

12 Personnel Benefits $6,584 $7,033 $449

Approximately 77% of the agency’s funding is for personnel compensation and benefit costs, which

make up the largest amount of our budget submission. Thus, any reduction in resources affects our 

ability to hire and maintain a highly qualified staff at our requested FTE level. Our request assumes 

our authorized FTE will be increased to 239. 

Our ability to maintain adequate staffing levels was adversly impacted before the sequester cut and 

the sequester cut of $2 million made it much more difficult to maintain staffing levels. The 

reduction in FTE levels has affected the organization’s ability to meet the agency mission. MSPB 

currently has more than 20 vacancies and is facing the prospect of having a significant number of 

employee retirements (24% of our current staff is eligible for immediate retirement in 2014). 

Although we are striving to meet our Performance Goals, further reductions of funding will make it 

impossible for the agency to meet the expected increase in cases that will inevitably result from 

Federal agencies taking adverse personnel actions to furlough and reduce staff in order to meet 

funding reductions. Additionally, with the newly signed WPEA legislation, the agency is likely to 

experience a significant workload increase. 
9

Travel – an increase of $27,000 

MOC Description

FY 2013 

Request

(000) 

FY 2014

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

21 Travel & Transportation of Persons $450 $477 $27

Management will continue to strive to control travel costs although it is likely the MSPB case

load will increase as Federal agencies reorganize their work force because of Government 

wide budget cutbacks. To meet our mission, AJs must frequently travel to hearing sites 

located a considerable distance from the various regional offices. Additionally, as a result of 

the WPEA, which strips the U.S. Court of Appeals for the Federal Circuit in Washington, 

D.C. of exclusive jurisdiction over appeals filed by whistleblowers, MSPB attorneys may be 

required to travel to various federal courts of appeal to represent the agency. While we are 

making better use of video conferencing for hearings, we have little control over the 

number of hearings that might require travel. 

 

Transportation of Things – an increase of $3,000 

 

MOC Description

FY 2013 

Request

(000) 

FY 2014

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

22 Transportation of Things $77 $80 $3

This category covers freight related costs and various courier services. 

Rent, Communications, & Utilities – an increase of $141,000 

MOC Description

FY 2013 

Request

(000) 

FY 2014

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

23 Rent, Communications & Utilities $4,462 $4,603 $141

The agency makes rental payments to the General Services Administrations (GSA) for office space 

in Atlanta, Chicago, Dallas, New York, Philadelphia, Denver and San Francisco. MSPB currently 

has a commercial lease for office space at our Washington Regional office (WRO) which is located 

in Alexandria, VA. The WRO office lease will become a GSA lease in the summer of FY 2013. 

The balance of our request for this object class will be for network contract services, the Internet, 

and mandated Managed Trusted Internet Protocol services as well as other telecommunication 

services such as voice over Internet protocol and video conferencing. We expect significant 
10

increases for telecommunications, due to the increase in case load and more cases being held 

through video conferencing. 

 

Printing – an increase of $33,000 

MOC Description

FY 2013 

Request 

(000)

FY 2014

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

24 Printing & Reproduction $169 $202 $33

The Government Printing Office (GPO) has two printing programs (printing of case files and our 

Issues of Merit newsletter) specifically designed for MSPB. Additionally, as our caseload increases, 

we anticipate we will need more printing services from GPO. 

 

Other Contractual Services – an increase of $680,000

MOC Description

FY 2013 

Request

(000) 

FY 2014

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

25 Other Contractual Services $3,135 $3,815 $680

This object class includes the Agency’s Reimbursable Service Agreements (RSA) with the Treasury 

Department’s Bureau of Public Debt ($460,000) for accounting, purchasing, and travel-related 

services and our RSA with the Department of Agriculture Animal and Plant Health Inspections 

Service ($370,000) for personnel services. 

Other RSA’s included in this object class fund our Administrative Law Judges (agreements with the 

Coast Guard, EPA, and FTC totaling $150,000), as well as agreements with the National Archives 

and Records Administration ($70,000) for records management storage. 

The cost of employee training and various equipment related service agreements for Information 

Technology (IT) hardware is included in this object class. The remaining balance of our request for 

this category includes consulting services, maintenance and operations of facilities and IT 

equipment, and miscellaneous services. 

 
11

 

Supplies and Subscriptions – an increase of $55,000 

MOC Description

FY 2013 

Request

(000) 

FY 2014

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

26 Supplies & Materials $583 $638 $55

Includes an estimate of $200,000 for on-line legal research. Additionally, we are requesting 

$240,000 to implement an Electronic Records Management System to improve our records 

management program. 

 

Equipment – an increase of $373,000 

MOC Description

FY 2013 

Request

(000) 

FY 2014

Request

(000)

Increase 

(decrease) 

over FY 2013

(000)

31 Equipment $377 $750 $373

Most of our equipment expenditures will be for items that have exceeded their useful life such as 

laptops, copiers, printers and scanners, as well as annual renewals of various software license 

agreements.

REQUEST TO INCREASE AGENCY FTE FROM 226 TO 239 BY OFFICE 

Vacant staff positions have adversely affected agency performance as MSPB continues to hold key 

positions vacant including administrative judges, legal counsels, attorneys, study analysts, 

administrative specialists and high-level management positions. Low staff numbers contribute to a 

backlog of Board-level cases and prevent succession planning for administrative judges. Further 

reductions in budgetary resources will hamper our ability to meet our performance goals and targets. 

At the time of this submission, MSPB has more than 20 vacant positions (203 currently filled 

positions) in addition to the 13 additional FTE we are requesting. Uncertainty about the level of 

budgetary resources we will receive for FY 2013 has forced MSPB to suspend filling vacant 

positions. As a result of the sequester cuts and because the sequester cuts are supposed to continue 

for years to come, MSPB will continue to hold on filling a number of vacancies. Additionally, the 

agency has experienced several retirements and can expect more, as there are currently 48 employees who 

are eligible to retire within one year – about 24% of our current staff. 

As noted, the Board is requesting to be funded and authorized at 239 FTE, an increase of 13 FTE 

from our present authorized level of 226. The Board submits this request because of the previously 

mentioned anticipated increase in its workload as a result of government-wide sequestration and the 

WPEA. Specifically, the Board anticipates that if it is held to its current FTE levels, case processing 
12

times will increase and the Board may not be able to meet the demands it will likely face once 

employees begin exercising their expanded rights under the WPEA, and exercise their right to appeal 

furloughs. 

The discussion that follows identifies the additional FTEs requested for the respective offices. It 

should be noted that many of the offices requesting additional FTE are staffed below their current 

authorized FTE levels. 

Office of Appeals Counsel (OAC) – Additional FTE requested: 3

The OAC is central to the MSPB core mission of adjudicating disputes between employees and 

executive branch agencies that arise under the civil service laws. Fully funding our FY 2014 request 

would permit OAC to fill current vacancies and hire 3 additional FTE (attorneys at the GS 

13/14/15 level). 

Our request for additional FTEs is based on changes in law and jurisdiction, most notably 

concerning whistleblower cases and the potential impact of furlough appeals that could 

result from the sequester. The WPEA extended the MSPB’s jurisdiction to matters not 

previously covered and expanded its adjudicatory authority in whistleblower cases. The changes 

made by the WPEA are expected to increase the number of whistleblower appeals and PFRs the 

MSPB adjudicates. Additionally, the WPEA will likely make the adjudication of each whistleblower 

case more time-consuming because the expanded definition of what constitutes a protected 

disclosure will mean fewer cases are dismissed for lack of jurisdiction and more will be resolved on 

the merits. Typically, a case dismissed for lack of jurisdiction is more quickly adjudicated than one 

resolved on the merits. The WPEA also provides for review of MSPB whistleblower decisions by 

multiple federal courts of appeals, which will increase the complexity of the MSPB’s legal analysis in 

whistleblower cases, as different courts may disagree on legal issues and establish differing lines of 

precedent. Further, we anticipate an increased number of addendum claims for attorneys’ fees, 

compensatory damages, and enforcement of MSPB decisions. These changes will have a dramatic 

effect on the MSPB at both the initial appeal and PFR levels and will require additional resources to 

enable the MSPB to implement Congress’s mandate. 

Additionally, OAC will likely face a significant increase in workload since agency furloughs are being 

implemented due to the sequester. Since agencies are implementing furloughs during the spring of 

2013, it is likely MSPB will be receiving and processing furlough appeals throughout FY 2013 and 

FY 2014.

Office of the General Counsel (OGC) – Additional FTEs requested: 2 

Fully funding our FY 2014 request would permit OGC to fill current vacancies and hire two 

additional FTEs (attorneys at the GS-13/14/15 level). The increase in staffing should ensure the 

important roles the OGC has in the day-to-day operations of MSPB are being met. The increase in 

FTE would enhance the performance of the office, permitting it to meet its duties to the agency in 

litigation; reviewing and responding to petitions for enforcement; coordinating the agency’s 

legislative policy and congressional relations functions as well as reviewing and responding to OPM 

regulations. 
13

Office of Policy and Evaluation (OPE) – Additional FTEs requested: 1 

OPE is requesting one additional FTE, a GS-14 Research/Program Analyst. This position would 

support MSPB’s statutory functions of merit system studies and OPM oversight and strategic 

planning and performance improvement activities required by the Government Performance Results 

Act (GPRA) and the GPRA Modernization Act of 2010. The analyst would augment OPE’s ability 

to (1) conduct merit system studies; (2) support evidence-based merit system studies, strategic 

planning, and performance improvement; (3) carry out strategic planning and performance 

measurement activities for MSPB (e.g., develop and maintain the agency Strategic Plan and 

Resources Management Plan and produce the Annual Report); and (4) conduct outreach and 

develop materials to educate policymakers and stakeholders about merit system issues and policy 

recommendations. 

Clerk of the Board (COB) – Additional FTEs requested: 2 

COB is requesting 2 additional FTE. The FTE increases include a GS-11 Records Management 

Specialist to: (1) aid in the audit and inspection of all MSPB records and recordkeeping practices; (2)

propose additions and alterations to the MSPB’s retention schedules based on the information 

learned in the audit process; (3) process the backlog of inactive records stored at facilities around the 

country to ensure proper disposal of agency records; (4) prepare and implement records 

management training for all MSPB staff; and (5) ensure that recordkeeping requirements are 

considered in all new, manual and electronic record systems or requirements agency-wide.

Additionally, COB is requesting a GS-11 FOIA/PA Specialist to develop, implement, manage, and 

coordinate all requests for information in accordance with the FOIA and PA, to include developing 

and delivering agency-wide mandatory FOIA and PA training and preparing the Annual Federal 

Information Security Management Act Report and Annual FOIA Report.

Financial and Administrative Management (FAM) – Additional FTEs requested: 2

FAM is requesting 2 additional FTE for FY 2014. The FTE increases include: (1) a GS-13 Security 

Specialist that will develop and maintain the physical means, which are used for protection and 

security. This position will also develop, implement and maintain procedural and technical methods 

to enhance physical protection throughout the organization; and (2) a GS-12 Writer/Editor 

Specialist that will research, analyze, distill, and present information that has benefit to the Agency as 

it relates to policies and procedures. The individual will perform the following tasks: (A) write policy; 

(B) prepare reports on management and administrative activities; (C) explain the programmatic rules 

and regulations that affect the Agency, especially those concerning rights and obligations; (D) report 

results of research and investigations; (E) announce regulations; and (F) provide training and 

operating manuals for the use of employees. 

Office of Regional Operations (ORO) – Additional FTEs requested: 3 

ORO is requesting an additional 3 FTE for FY 2014. If approved, we expect to fill the additional 

requested FTE (Attorney and Administrative Judge (AJ) positions at the GS-14/15 level). The 

quality of MSPB’s customer service depends most heavily on having a staff of highly skilled and 

well-trained AJs, led by actively involved Chief AJs, to adjudicate employee appeals. The 
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understaffing of the regional and field offices over a period of years has left the agency unprepared 

for the current wave of retirements of its most experienced AJs. Without taking significant action 

now, the success of the Board’s core statutory mission is at risk. As with the OAC, the recent 

passage of the WPEA and the anticipated increase in employee appeals due to furloughs are 

expected to dramatically increase the workload of ORO. Moreover, the WPEA requires that ORO 

staff record case outcomes with greater specificity, so that the Board can report those outcomes to 

Congress, as required by the law. 

Budget Schedules - Schedule O - Object Classification (In Thousands of Dollars)

FY 2012 

Actual

FY 2013 

By-Pass

FY 2014 

By-Pass Change

Direct obligations:

Personnel compensation 24,164 25,218 27,815 2,597

Civilian personnel benefits 6,444 6,584 7,033 449

Benefits for former personnel 0 0 0 0

Travel and transportation of persons 303 450 477 27

Transportation of things 34 77 80 3

Rental payments to GSA 3,320 3,400 3,650 250

Rental payments to others 420 291 175 -116

Communications, utilities, and 

miscellaneous charges 586 771 778 7

Printing and reproduction 121 169 202 33

Advisory and assistance services 0 50 50 0

Other services 755 1,425 1,690 265

Other purchases of goods and services 

from government accounts 1,222 1,159 1,445 286

Operation & maintenance of facilities 4 26 30 4

Operation & maintenance of equipment 400 475 600 125

Supplies & Materials 161 583 638 55

Equipment 588 377 750 373

Direct Obligations... 38,522 41,055 45,413 4,358

Reimbursable and Carryover 

Obligations... 2,648 2,345 2,345 0

Total New Obligations... $41,170 $43,400 $47,758 $4,358
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Schedule Q - Employment Summary

 

FY 2012

Actual 

 FY 2013 

Appropriation

FY 2014 

By-Pass Change

Direct:

Civilian full-time equivalent 

employment 198 211 224 13

Reimbursable:

Civilian full-time equivalent 

employment 15 15 15 0

Total... 213 226 239 13