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OSC Applauds MSPB Procedural Change Assigning In-House Judges to Hear Whistleblower Retaliation & Other PPP Cases

September 30, 2024

prohibited personnel practices

A procedural change announced today by MSPB assigning its own chief administrative judges to hear cases brought by OSC seeking corrective action for federal employees who allege retaliation or PPPs.

The U.S. Office of Special Counsel (OSC) applauds a procedural change announced today by the Merit Systems Protection Board (MSPB) assigning its own chief administrative judges to hear cases brought by OSC seeking corrective action for federal employees who allege retaliation or other prohibited personnel practices (PPPs) under 5 U.S.C. § 1214 and 5 C.F.R. § 1201.128. Previously, MSPB would commonly assign such cases to administrative law judges from other agencies. Per the MSPB's announcement, the new assignment policy will take effect in the new fiscal year starting October 1, 2024.

“I thank MSPB for undertaking this thoughtful procedural update," said Special Counsel Hampton Dellinger. “These types of cases are some of the most time- and resource-intensive complaints OSC handles. Protecting federal employees and whistleblowers from retaliation and other PPPs is at the heart of OSC's mission. This change ensures that judges with substantial and full-time experience in this specialized area of law will decide the outcome."

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