Id. An agency's informal process must be in addition to - and may not modify or replace - the EEO complaint process governed by EEOC regulations, see 29 C.F.R. Most decision letters cannot be issued within 30 days of the proposal letter (there are, of course, exceptions to this general rule). Appeal Issue. For most types of cases that the MSPB hears (e.g., those involving removals or severe suspensions for federal employees), the deadline to file an appeal is typically 30 days from the effective date of the decision. Step 1 - The Filing of an MSPB Appeal The first step in the MSPB appeals process is for a federal employee to file an MSPB appeal. (b) An owner shall file an appeal under Subsection (11)(a) no later than Some links to files that existed on legacy systems and databases may no longer work. It can state that a penalty Get legal help from an MSPB lawyer who cares. H. Rept. If the action involves a claim of discrimination based on race, color, religion, sex,
The parties disputed whether the grievant had withdrawn her appeal before the IDC. Decision on Appellants Request for Reconsideration. Upon completion of the pre-hearing, a formal hearing date is set by the Board in consultation with all parties. 18-16. This is a good indication that MSPB is Generally, settlement agreements at the MSPB are worked out between the parties following. For most federal employees, you must file your appeal with the MSPB within 30 calendar days of the effective date of the action or within 30 calendar days after the date of the receipt of the agencys decision, whichever is later. 59 for an extensive discussion on Protective Order and CEB Section 6 Counterclaim and cross-claim Nevada Rules of Civil Procedure Rule 37 Forensics Experts This Motion was referred to the Magistrate Judge for determination (DE 15) This Motion was referred to the Magistrate Judge for determination (DE 15). The Merit Systems Protection Board (MSPB) is an appeals board that enables federal employees to challenge certain decisions made by the Office of Personnel Management (OPM). The Whistleblower Protection Enhancement Act of 2012, and later the All Circuit Review Extension Act, provided that appellants could file petitions for judicial review of Merit Systems Protection Board (MSPB or Board) decisions in certain whistleblower reprisal cases with the U.S. Court of Appeals for the Federal Circuit or any circuit court of appeals of competent jurisdiction. Filing an MSPB Appeal. 16-1669 (Fed. An initial decision (ID) issued by an administrative judge (AJ) will state if MSPB has jurisdiction, and if jurisdiction is found, the ID will contain conclusions regarding nexus, charges, and penalties known as an assessment of the merits of the case. Youll hear back from us within 24 hours! If you are a federal employee with the right to file an MSPB appeal, the MSPB hearing is your opportunity to present your side of the story to an Administrative Judge who will decide your case. Cir. Tribunal: U.S. Court of Appeals for the Federal Circuit . Title 5 of the Code of Federal Regulations, section 1201.113(c) (5 C.F.R. To arrange a free consultation, call 888-351-0424 or contact us online. Technically, the first step in the process occurs when a federal agency makes a personnel decision that negatively affects the employee. UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD JANEL M. WHITBECK, DOCKET NUMBER Appellant, SF-0752-11-0408-I-1 v. 2011, the appellant filed an appeal of the agencys decision to terminate her internship with the U.S. Customs and Border Protection. Sep 2004 - Mar 20083 years 7 months. After you receive a final decision suspending or removing you from your federal employment, you have 30 days to file an appeal with the MSPB.
The Mississippi State Personnel Board MSPB is composed of five members appointed by the Governor with the advice and consent of the Senate. Search: Sample Motion For Discovery. removal; suspensions over 14 days, demotions). 17-27. Note: A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law. NOTICE TO APPELLANT You have the right to request the United States Court of Appeals for the Federal Circuit to review the Board's final decision in your appeal if the court has jurisdiction. The election shall be effec- Either side begins the process by proposing a settlement offer to the other side. MERIT SYSTEMS PROTECTION BOARD 70 M.S.P.R. 2022 MSPB LEXIS 1161, *1. The written decision is typically issued 2-6 weeks after the hearing is held. Advanced Search - Precedential Decisions; Impact of Lack of Quorum on Board Decisions; Filter items by any term that exists in the table (e.g. 1201.113(c)). Justia US Law Case Law Federal Courts Courts of Appeals Federal Circuit 2016 BARTON v. MSPB Receive free daily summaries of new opinions from the US Court of Appeals for the Federal Circuit.
Should the MSPB Administrative Judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days of receipt of the decision. decision that dismissed his appeal for lack of jurisdiction. On July 17, 2021, MSPB launched its redesigned and restructured web site.
The issue at hand was that although new Defense Department employees at that time were subject to a probationary period of two years, the Department first stated that an employee was only required to serve a One Board member is appointed from each of the three Supreme 18-07. Its a shorter version of the current due process procedure. Older decisions may be found using Advanced Search. Case Number: 2019-1626 MSPB Docket Number: DC-0731-18-0837-I-1 . Issuance Date: March 19, 2020 . When filing a Petition for Review before the MSPB it is important to understand the proper grounds for filing an appeal and to seek legal advice from counsel with experience before the MSPB before filing. On March 24, 2022, the Merit Systems Protection Board (MSPB) issued a precedential opinion determining that it did not have jurisdiction over an employees appeal. Plan or the VCP and authorized MSPB to implement the plan and review the plan annually. Cir. Animal Licensing pleadings and Orders related to this remanded appeal are identified in this Decision as being part of the Remand Appeal File (RAF). 4. The right to appeal a decision to suspend for more than 14 calendar days to the MSPB or to grieve the matter through a negotiated grievance procedure when applicable, but not both. There are deadlines for filing an MSPB appeal and it is fairly strict. Search. The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch that serves as the guardian of Federal merit systems. Older decisions may be found using Advanced Search . There are two steps to an appeal to MSPB. Agency attorneys generally are assigned to MSPB cases about a week to 10 days after the MSPB appeal is first filed.
The second method for processing appeals requires the development of a written record. If a federal employee needs assistance with a MSPB appeal, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. The right to file an EEO complaint if the employee believes the action was taken as the result of discrimination. Decision . MEMORANDUM DECISION (Not For Official Publication) Case No. Or any specific number. Our law firm represents federal employees before the MSPB and can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. Mississippi Code Annotated 25-9-147. According to the MSPB 2019 Annual Report, MSPB Administrative Judges in the regional and field offices issued decisions in 4,893 initial appeals last year, which will undoubtedly add to the pile in Washington. We dismiss the Unions exception. Just because 100 employees take their cases to the MSPB doesnt mean that 50 of those employees should win. NOTICE TO THE APPELLANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request the United States Court of Appeals for the Updated Links and Website Changes. How to appeal an MSPB decision. The U.S. "Melville Johnson, PC's handling of my Merit Systems Protection Board (MSPB) case was superlative. Final Decision and Order. The settlement process at the MSPB can start at any point in the life of an. Contact Us. If the answer is no, then the MSPB might conclude that you violated the employees right to due process, and reverse the disciplinary action. 2016) 18-17. 463 U.S. 582, 614 (1983) (An administrative agency is itself a creature of statute); Thompson v.Merit Systems Protection Board, 421 F.3d 1336, 1337 (Fed. (11)(a) Subject to Subsection (11)(b), an owner of land may appeal to the county board of equalization: (i) a decision by a county assessor to withdraw land from assessment under this part; or (ii) the imposition of a rollback tax under this section. UNARA v. MSPB , No. 17-21. Issued Date Range: TO. Penalty: Usually, the decision letter will state when the suspension or removal will occur. Merit Systems Protection Board is an independent, quasi- judicial agency in the executive branch that serves as the guardian of federal merit systems. Merit Systems Protection Board (MSPB) Counsel from Experienced National MSPB Attorneys Call 800.481.2526. Date. For the reasons set forth below, we GRANT the petition under 5 C.F.R. CONCLUSION. The MSPBs decisions are upheld in appeals more than 92% of the time Theres no standard for the percentage of cases that employees should win This last point is particularly noteworthy. MERIT SYSTEMS PROTECTION BOARD 86 M.S.P.R. DOCKET NUMBER SF-0752-00-0132-I-1 2000 initial decision that dismissed his appeal for lack of jurisdiction without a hearing. What is the U.S. Merit Systems Protection Board? Where is the Board located? The Board's headquarters is in Washington, DC. How can I get information about the Board and the appeals process? Does the Board hear all types of Federal employee appeals? What kinds of actions may be appealed to the Board? More items If you have a pending MSPB appeal and would like to be represented before the Board, contact our Firm at (202) 759-7780 or visit us on the web at www.AttorneyMahoney.com to secure our legal representation. Adverse federal employment decisions typically are subject to review by appeal. Here is a link to an article on the hearing process. Search Precedential Decisions. File an Appeal with MSPB . The Court granted in 2017/08/15. 12 This is the final decision of the Merit Systems Protection Board in this appeal. MSPB Decision #: MSPB. If you have completed the initial appeal process and the Administrative Judge issued an unfavorable ruling, you may appeal that decision through two different avenues. An appeal to the Merit Systems Protection Board under section 7701. Recent MSPB Decision The case at hand on March 28, 2022 was that of a civilian employee of the Army who was fired in 2017 after a little more than a year of service. Cir. 10. The MSPB has jurisdiction to hear an appeal involving the following actions, but includes others as well: Performance-based actions, Reductions in grade or pay, Denial of within-grade pay increase, Suspensions for more than 14 days, Furloughs for 30 days or less, Denials of restoration or reemployment, Suitability actions, Reduction in force, and When a federal employee believes that they have been subjected to an adverse action (such as a suspension, pay reduction, or removal) that is unfair or enacted arbitrarily, they can bring an appeal before the MSPB. (2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal. table of penalties douglas factors table of penalties douglas factors Final Decision and Order. 2016) The first method to appeal the decision is through a petition for review. Conclusion In sum, when litigating an MSPB appeal, it is very important to retain legal counsel familiar with the MSPB to assist you. the initial filing of the federal employees MSPB appeal. 3. Typically, it is good practice for an appellant to approach the Agency early in an attempt to resolve a case if settlement is a goal. Id. After you receive a final decision suspending or removing you from your federal employment, you have 30 days to file an appeal with the MSPB. individual MSPB case. 1201.113(c). In most cases, the MSPB hears cases involving serious discipline (i.e. Respondent: Merit Systems Protection Board . Plan or the VCP and authorized MSPB to implement the plan and review the plan annually. See 5 U.S.C. With such a large backlog and more PFRs filed each day, it will take some time for pending PFRs to be decided. BARTON v. MSPB , No. Tags: Merit Systems Protection Board, MSPB appeals, MSPB attorneys, MSPB lawyer, MSPB lawyers for federal employees | Reblog (0) 11/16/2021 Should the MSPB Administrative Judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days of the date of the initial decision. The MSPB's mission is to ensure that the Federal workforce is "free of Prohibited Personnel Practices." COURT DECISIONS . the initial filing of the federal employees MSPB appeal. part 1614, and Merit Systems Protection Board (MSPB) and union grievance procedures available to federal sector applicants or employees. MSPB Docket Number: DE-0752-19-0022-I-1 Issuance Date: December 22, 2020 . MSPB administrative judges would have to rule within 45 days of the appeal filing; otherwise, the departments decision would stand. Thats the first step. The eight major steps in the process are outlined below. The Court granted in part the petitioners request for rehearing, Dont file your Appeal on time. COVID-19 Hardship Request; Licensing & Permits. Can you appeal an MSPB decision? Grievance. Justia US Law Case Law Federal Courts Courts of Appeals Federal Circuit 2016 UNARA v. MSPB Receive free daily summaries of new opinions from the US Court of Appeals for the Federal Circuit. The federal court that hears appeals following a board decision has affirmed MSPBs decisions 92% to 96% of the time. what does the last name ramirez mean | info@capbangla.com | +8801716059996 2018/06/28. consider her appeal. The applicant or employee, 7703(a)(1). The MSPB's mission is to ensure that the Federal workforce is "free of Prohibited Personnel Practices." Home; PROVO311. The backlog is now in excess of 2,500 cases. The Appeal (Petition for Review) Should the MSPB judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days of the date of the initial decision. 276 MICHAIL BIELOMAZ, Appellant, v. DEPARTMENT OF THE NAVY, Agency. After the agency takes an action say, fires someone the employee files an appeal with an MSPB judge.
The parties disputed whether the grievant had withdrawn her appeal before the IDC. Decision on Appellants Request for Reconsideration. Upon completion of the pre-hearing, a formal hearing date is set by the Board in consultation with all parties. 18-16. This is a good indication that MSPB is Generally, settlement agreements at the MSPB are worked out between the parties following. For most federal employees, you must file your appeal with the MSPB within 30 calendar days of the effective date of the action or within 30 calendar days after the date of the receipt of the agencys decision, whichever is later. 59 for an extensive discussion on Protective Order and CEB Section 6 Counterclaim and cross-claim Nevada Rules of Civil Procedure Rule 37 Forensics Experts This Motion was referred to the Magistrate Judge for determination (DE 15) This Motion was referred to the Magistrate Judge for determination (DE 15). The Merit Systems Protection Board (MSPB) is an appeals board that enables federal employees to challenge certain decisions made by the Office of Personnel Management (OPM). The Whistleblower Protection Enhancement Act of 2012, and later the All Circuit Review Extension Act, provided that appellants could file petitions for judicial review of Merit Systems Protection Board (MSPB or Board) decisions in certain whistleblower reprisal cases with the U.S. Court of Appeals for the Federal Circuit or any circuit court of appeals of competent jurisdiction. Filing an MSPB Appeal. 16-1669 (Fed. An initial decision (ID) issued by an administrative judge (AJ) will state if MSPB has jurisdiction, and if jurisdiction is found, the ID will contain conclusions regarding nexus, charges, and penalties known as an assessment of the merits of the case. Youll hear back from us within 24 hours! If you are a federal employee with the right to file an MSPB appeal, the MSPB hearing is your opportunity to present your side of the story to an Administrative Judge who will decide your case. Cir. Tribunal: U.S. Court of Appeals for the Federal Circuit . Title 5 of the Code of Federal Regulations, section 1201.113(c) (5 C.F.R. To arrange a free consultation, call 888-351-0424 or contact us online. Technically, the first step in the process occurs when a federal agency makes a personnel decision that negatively affects the employee. UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD JANEL M. WHITBECK, DOCKET NUMBER Appellant, SF-0752-11-0408-I-1 v. 2011, the appellant filed an appeal of the agencys decision to terminate her internship with the U.S. Customs and Border Protection. Sep 2004 - Mar 20083 years 7 months. After you receive a final decision suspending or removing you from your federal employment, you have 30 days to file an appeal with the MSPB.
The Mississippi State Personnel Board MSPB is composed of five members appointed by the Governor with the advice and consent of the Senate. Search: Sample Motion For Discovery. removal; suspensions over 14 days, demotions). 17-27. Note: A nonprecedential order is one that the Board has determined does not add significantly to the body of MSPB case law. NOTICE TO APPELLANT You have the right to request the United States Court of Appeals for the Federal Circuit to review the Board's final decision in your appeal if the court has jurisdiction. The election shall be effec- Either side begins the process by proposing a settlement offer to the other side. MERIT SYSTEMS PROTECTION BOARD 70 M.S.P.R. 2022 MSPB LEXIS 1161, *1. The written decision is typically issued 2-6 weeks after the hearing is held. Advanced Search - Precedential Decisions; Impact of Lack of Quorum on Board Decisions; Filter items by any term that exists in the table (e.g. 1201.113(c)). Justia US Law Case Law Federal Courts Courts of Appeals Federal Circuit 2016 BARTON v. MSPB Receive free daily summaries of new opinions from the US Court of Appeals for the Federal Circuit.
Should the MSPB Administrative Judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days of receipt of the decision. decision that dismissed his appeal for lack of jurisdiction. On July 17, 2021, MSPB launched its redesigned and restructured web site.
The issue at hand was that although new Defense Department employees at that time were subject to a probationary period of two years, the Department first stated that an employee was only required to serve a One Board member is appointed from each of the three Supreme 18-07. Its a shorter version of the current due process procedure. Older decisions may be found using Advanced Search. Case Number: 2019-1626 MSPB Docket Number: DC-0731-18-0837-I-1 . Issuance Date: March 19, 2020 . When filing a Petition for Review before the MSPB it is important to understand the proper grounds for filing an appeal and to seek legal advice from counsel with experience before the MSPB before filing. On March 24, 2022, the Merit Systems Protection Board (MSPB) issued a precedential opinion determining that it did not have jurisdiction over an employees appeal. Plan or the VCP and authorized MSPB to implement the plan and review the plan annually. Cir. Animal Licensing pleadings and Orders related to this remanded appeal are identified in this Decision as being part of the Remand Appeal File (RAF). 4. The right to appeal a decision to suspend for more than 14 calendar days to the MSPB or to grieve the matter through a negotiated grievance procedure when applicable, but not both. There are deadlines for filing an MSPB appeal and it is fairly strict. Search. The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch that serves as the guardian of Federal merit systems. Older decisions may be found using Advanced Search . There are two steps to an appeal to MSPB. Agency attorneys generally are assigned to MSPB cases about a week to 10 days after the MSPB appeal is first filed.
The second method for processing appeals requires the development of a written record. If a federal employee needs assistance with a MSPB appeal, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. The right to file an EEO complaint if the employee believes the action was taken as the result of discrimination. Decision . MEMORANDUM DECISION (Not For Official Publication) Case No. Or any specific number. Our law firm represents federal employees before the MSPB and can be contacted at www.berrylegal.com or by telephone at (703) 668-0070. Mississippi Code Annotated 25-9-147. According to the MSPB 2019 Annual Report, MSPB Administrative Judges in the regional and field offices issued decisions in 4,893 initial appeals last year, which will undoubtedly add to the pile in Washington. We dismiss the Unions exception. Just because 100 employees take their cases to the MSPB doesnt mean that 50 of those employees should win. NOTICE TO THE APPELLANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to request the United States Court of Appeals for the Updated Links and Website Changes. How to appeal an MSPB decision. The U.S. "Melville Johnson, PC's handling of my Merit Systems Protection Board (MSPB) case was superlative. Final Decision and Order. The settlement process at the MSPB can start at any point in the life of an. Contact Us. If the answer is no, then the MSPB might conclude that you violated the employees right to due process, and reverse the disciplinary action. 2016) 18-17. 463 U.S. 582, 614 (1983) (An administrative agency is itself a creature of statute); Thompson v.Merit Systems Protection Board, 421 F.3d 1336, 1337 (Fed. (11)(a) Subject to Subsection (11)(b), an owner of land may appeal to the county board of equalization: (i) a decision by a county assessor to withdraw land from assessment under this part; or (ii) the imposition of a rollback tax under this section. UNARA v. MSPB , No. 17-21. Issued Date Range: TO. Penalty: Usually, the decision letter will state when the suspension or removal will occur. Merit Systems Protection Board is an independent, quasi- judicial agency in the executive branch that serves as the guardian of federal merit systems. Merit Systems Protection Board (MSPB) Counsel from Experienced National MSPB Attorneys Call 800.481.2526. Date. For the reasons set forth below, we GRANT the petition under 5 C.F.R. CONCLUSION. The MSPBs decisions are upheld in appeals more than 92% of the time Theres no standard for the percentage of cases that employees should win This last point is particularly noteworthy. MERIT SYSTEMS PROTECTION BOARD 86 M.S.P.R. DOCKET NUMBER SF-0752-00-0132-I-1 2000 initial decision that dismissed his appeal for lack of jurisdiction without a hearing. What is the U.S. Merit Systems Protection Board? Where is the Board located? The Board's headquarters is in Washington, DC. How can I get information about the Board and the appeals process? Does the Board hear all types of Federal employee appeals? What kinds of actions may be appealed to the Board? More items If you have a pending MSPB appeal and would like to be represented before the Board, contact our Firm at (202) 759-7780 or visit us on the web at www.AttorneyMahoney.com to secure our legal representation. Adverse federal employment decisions typically are subject to review by appeal. Here is a link to an article on the hearing process. Search Precedential Decisions. File an Appeal with MSPB . The Court granted in 2017/08/15. 12 This is the final decision of the Merit Systems Protection Board in this appeal. MSPB Decision #: MSPB. If you have completed the initial appeal process and the Administrative Judge issued an unfavorable ruling, you may appeal that decision through two different avenues. An appeal to the Merit Systems Protection Board under section 7701. Recent MSPB Decision The case at hand on March 28, 2022 was that of a civilian employee of the Army who was fired in 2017 after a little more than a year of service. Cir. 10. The MSPB has jurisdiction to hear an appeal involving the following actions, but includes others as well: Performance-based actions, Reductions in grade or pay, Denial of within-grade pay increase, Suspensions for more than 14 days, Furloughs for 30 days or less, Denials of restoration or reemployment, Suitability actions, Reduction in force, and When a federal employee believes that they have been subjected to an adverse action (such as a suspension, pay reduction, or removal) that is unfair or enacted arbitrarily, they can bring an appeal before the MSPB. (2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal. table of penalties douglas factors table of penalties douglas factors Final Decision and Order. 2016) The first method to appeal the decision is through a petition for review. Conclusion In sum, when litigating an MSPB appeal, it is very important to retain legal counsel familiar with the MSPB to assist you. the initial filing of the federal employees MSPB appeal. 3. Typically, it is good practice for an appellant to approach the Agency early in an attempt to resolve a case if settlement is a goal. Id. After you receive a final decision suspending or removing you from your federal employment, you have 30 days to file an appeal with the MSPB. individual MSPB case. 1201.113(c). In most cases, the MSPB hears cases involving serious discipline (i.e. Respondent: Merit Systems Protection Board . Plan or the VCP and authorized MSPB to implement the plan and review the plan annually. See 5 U.S.C. With such a large backlog and more PFRs filed each day, it will take some time for pending PFRs to be decided. BARTON v. MSPB , No. Tags: Merit Systems Protection Board, MSPB appeals, MSPB attorneys, MSPB lawyer, MSPB lawyers for federal employees | Reblog (0) 11/16/2021 Should the MSPB Administrative Judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days of the date of the initial decision. The MSPB's mission is to ensure that the Federal workforce is "free of Prohibited Personnel Practices." COURT DECISIONS . the initial filing of the federal employees MSPB appeal. part 1614, and Merit Systems Protection Board (MSPB) and union grievance procedures available to federal sector applicants or employees. MSPB Docket Number: DE-0752-19-0022-I-1 Issuance Date: December 22, 2020 . MSPB administrative judges would have to rule within 45 days of the appeal filing; otherwise, the departments decision would stand. Thats the first step. The eight major steps in the process are outlined below. The Court granted in part the petitioners request for rehearing, Dont file your Appeal on time. COVID-19 Hardship Request; Licensing & Permits. Can you appeal an MSPB decision? Grievance. Justia US Law Case Law Federal Courts Courts of Appeals Federal Circuit 2016 UNARA v. MSPB Receive free daily summaries of new opinions from the US Court of Appeals for the Federal Circuit. The federal court that hears appeals following a board decision has affirmed MSPBs decisions 92% to 96% of the time. what does the last name ramirez mean | info@capbangla.com | +8801716059996 2018/06/28. consider her appeal. The applicant or employee, 7703(a)(1). The MSPB's mission is to ensure that the Federal workforce is "free of Prohibited Personnel Practices." Home; PROVO311. The backlog is now in excess of 2,500 cases. The Appeal (Petition for Review) Should the MSPB judge issue an adverse decision, either party can file an appeal known as a Petition for Review (PFR) usually within 35 days of the date of the initial decision. 276 MICHAIL BIELOMAZ, Appellant, v. DEPARTMENT OF THE NAVY, Agency. After the agency takes an action say, fires someone the employee files an appeal with an MSPB judge.