Soaring caseloads may cause bottlenecks for federal workers contesting their dismissals at higher authorities

The Merit Systems Protection Board (MSPB), a federal employees appeals board, is currently operating with only one board member, raising concerns about potential legal issues and the backlog of cases that could halt the implementation of civil service laws.

In a recent statement, PEER senior counsel Peter Jenkins warned that the MSPB may be heading for the biggest legal trainwreck in history due to its current state. The concern arises as the agency is tasked with hearing appeals to firings and other disciplinary actions against federal civil servants.

The current board member, Henry Kerner, is a Republican, and the Senate Homeland Security and Governmental Affairs Committee advanced Trump's nomination of James Woodruff to be an MSPB member. If confirmed, Woodruff's appointment would bring the number of MSPB members to two, ensuring the board can function effectively and issue decisions on the mounting cases.

However, the agency has faced challenges in recent years. President Donald Trump fired Cathy Harris, and Raymond Limon retired, both from MSPB, leaving it with only one board member. Harris has since sued to reverse her removal.

Despite the challenges, MSPB's administrative judges continue to issue initial decisions for these filings, according to MSPB's communications director, Zachary Kurz. Kurz emphasized that there has been no increase in MSPB's backlog, despite a significant increase in initial case filings over the last several months.

The backlog in cases at MSPB could largely halt the implementation of civil service laws, and any delays in restoring MSPB to a quorum could risk building a new backlog. However, Kurz stated that the agency is "fully functional" at the regional and field level.

Public Employees for Environmental Responsibility (PEER), a nonprofit group, warned that the case number could surge if a court order blocking widespread agency layoffs is lifted. This could further exacerbate the situation and potentially lead to the legal trainwreck Jenkins warned about.

In the past, the MSPB's board had only one Senate-confirmed member or none between 2017 and 2022, creating a 3,800-case backlog that was resolved in fall 2024. The resolution of this backlog is a testament to the importance of a fully functioning MSPB board.

As of May 24, MSPB has received 11,166 appeals, which is twice its typical workload in a fiscal year. MSPB's fiscal 2026 congressional budget justification was reported, but no information was found regarding which person was proposed by the Senate Committee on Homeland Security and Governmental Affairs in late June 2021 to join the MSPB.

Once MSPB returns to a quorum, it will be in a "good place" to begin issuing final decisions, according to Kurz. It is crucial for the MSPB to restore its full capacity to ensure the fair and timely resolution of appeals and maintain the integrity of the civil service system.