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Merit Systems Protection Board Practice and Procedure is a practical, authoritative guide to litigating federal employment disputes before the MSPB, covering jurisdiction, appeals, hearings, affirmative defenses, settlements and judicial review.
Publisher: Matthew Bender
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Merit Systems Protection Board: Practice and Procedure is a comprehensive, practitioner-focused guide to navigating and resolving federal employment disputes before the Merit Systems Protection Board (MSPB). Developed by the seasoned federal employment attorneys at Tully Rinckey PLLC, this resource offers step-by-step direction for every phase of an MSPB case—from filing to final review.
Inside, readers will find detailed chapters on Board jurisdiction, election of remedies, filing requirements, motion practice, discovery, and pre-hearing procedures.
The book expertly addresses substantive issues like adverse actions under Chapters 43 and 75, whistleblower protections, Hatch Act violations, retirement appeals, SES removals, and veterans’ rights claims.
Readers will also benefit from strategic insights on building affirmative defenses, proving burdens of persuasion, managing witness credibility, calculating attorney’s fees, and pursuing compliance or judicial review. Whether handling straightforward appeals or complex individual right of action cases, this treatise delivers the clarity and context practitioners need to work effectively before the MSPB.
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Chapter 1 Introduction to the Merit Systems Protection Board
Chapter 2 Original Jurisdiction
Chapter 3 Filing an Appeal
Chapter 4 Election of Remedies
Chapter 5 Discovery
Chapter 6 Contrasting Actions Under Chapters 43 and 75
Chapter 7 Individual Rights of Action / Whistleblower Cases
Chapter 8 Board Affirmative Defenses and Burden of Persuasion
Chapter 9 Pre-Hearing Submissions and Hearing Process
Chapter 10 Addendum Proceedings and Attorney's Fees
Chapter 11 Settlements
Chapter 12 Enforcement of Decisions
Chapter 13 Judicial Review of MSPB Final Decisions
Index