NTEU Fights Back Against Unfair Discipline Standards

This week, NTEU filed comments opposing the Office of Personnel Management and the Merit System Protection Board (MSPB’s) joint proposal to change how decisions to discipline employees are made and adjudicated, and to impose multiple other harmful changes.

NTEU strongly opposes the proposed rule because for nearly fifty years, the MSPB—which decides whether lengthy suspensions and removals are warranted—has used the Douglas factors to assure due process and emphasize the rehabilitative nature of employee discipline. The proposed rule is unnecessary and seeks to erode decades of precedent in favor of an undefined “Totality of the Circumstances” test. It’s a naked attempt to make it easier for agencies to have their disciplinary decisions upheld without proper review.

The proposed rule would also impose other changes that erode employee rights, including eliminating the guarantee of union representation during disciplinary proceedings.

NTEU strongly opposes all of these changes. The proposed rule violates the Civil Service Reform Act and goes against Congress’s intent that the MSPB operate independently.

We will keep you updated as we continue to fight for our members.