The Merit Systems Protection Board (MSPB):
The Next Phase in Our Fight for Terminated Probationary Employees
 
Our tireless pursuit to vindicate the rights of our members who were terminated during their probationary/trial periods continues. Today, I am sharing information with you about the Merit Systems Protection Board (MSPB).
 
Most terminated employees received letters describing their appeal rights to the MSPB. Those letters provided the deadline to file an appeal with the MSPB, i.e., within 30 calendar days after the effective date of the action, or the date of receipt of the agency's decision, whichever is later.
 
As I mentioned yesterday, we have been actively working with other unions, like-minded organizations, law firms and coalitions at every level about the ways that probationary and trial employees can challenge this administration’s illegal actions. As a result of those conversations, we are providing another option for probationary and trial employees to appeal their terminations.
 
James & Hoffman, a law firm that represents employees and labor unions, is analyzing legal action on behalf of probationary and trial employees affected by mass terminations. According to the firm, it is preparing to file a class action appeal, for each agency, at the Merit Systems Protection Board. The appeals will argue that federal agencies have violated reduction-in-force procedures.
 
The lawyers will ask that the cases be converted into agency-specific class actions. That means the named complainants would represent all employees in their agency. It is currently unknown whether each case will be allowed to proceed as a class action or whether the Board will require individual employees to submit an appeal.
 
If you are interested in joining this case at the MSPB, you must fill out this form.
 
Be sure to read the information provided on the form carefully. We will provide you with any updated information we receive from the James & Hoffman law firm on this matter.
 
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As a recap, here are the three paths for challenging your termination:
 

• The above information regarding class appeals at the Merit Systems Protection Board.
  • [Fill out this form with the James & Hoffman law firm]

 

• Yesterday, Thursday (2/27), we told you about the institutional grievances NTEU is filing at every agency where we represent probationary and trial employees who were terminated.
  • [NTEU has you covered; no action needed]

 

• On Wednesday (2/26), we told you about the option for providing your information to the Alden Law Group regarding a class action for a stay (pause) at the Office of Special Counsel (OSC). This complaint alleged that federal agencies committed prohibited personnel practice violations against probationary employees.
  • [Fill out this form with the Alden Law Group.]

 
The James & Hoffman MSPB class appeals complement the Alden Law Group class action at the OSC by alleging additional, separate claims. Therefore, employees may sign up for both cases.
 
We will continue to provide information for probationary and trial employees on their legal options and the various other ways that NTEU is working to challenge their illegal terminations.
 
We are here for you during this challenging time.