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OSC has authority to bring cases before the Merit Systems Protection Board (MSPB) for prosecution.
The following conditions must be met in order for OSC to consider providing representation before the MSPB:
The person must have filed a complaint with the U.S. Department of Labor, Veterans Employment & Training Service (DOL-VETS);
The complaint must involve a federal executive agency that is subject to USERRA's enforcement mechanism (which does not include intelligence agencies or federal government entities outside of the executive branch). Enforcement of complaints involving private, state, or local employers are handled by the Department of Justice, not OSC;
The person must have received notice from DOL-VETS or OSC that the complaint was investigated and not resolved; and
The person must request that DOL-VETS refer his or her USERRA complaint to OSC for consideration of legal representation before the MSPB.
If these conditions are met, an OSC attorney will review the complaint file. If OSC believes that the individual is entitled to relief under USERRA, OSC may attempt a settlement between the claimant and the employer or may initiate an action with the Merit Systems Protection Board. If, after reviewing the case file, OSC decides not to pursue further action, the individual still has the right to file an appeal with the MSPB.