The Supreme Court confirmed
that under the Civil Service Reform Act of 1978, final rulings of the MSPB in
specified cases are to be reviewed by the federal district courts. This EIA
concludes that the complicated facts of the case, coupled with the convoluted
arguments presented by the federal government resulted in a Supreme Court
opinion that should never have been necessary.
In Kloeckner v. Solis [an enhanced version of this opinion is available to lexis.com subscribers],
the Supreme Court confirmed that under the Civil Service Reform Act of 1978
("CSRA"), final rulings of the Merit System Protection Board
("MSPB") in specified cases are to be reviewed by the federal
district courts-in contrast to the review by the Federal Circuit applicable to
most MSPB final rulings. In this Emerging Issues Analysis, N. Peter Lareau,
author of "NLRA: Law and Practice" and numerous other books and
articles in the field of labor law, concludes that the complicated facts of the
case, coupled with the convoluted arguments presented by the federal government
resulted in a Supreme Court opinion that should never have been necessary.
Section 7703(b)(1) of the CSRA, which governs judicial review of the rulings of
the Merit System Protections Board ("MSPB"), provides, in pertinent
Except as provided in paragraph (2) of this subsection, a petition to review a
final order or final decision of the [Merit Systems Protection] Board shall be
filed in the United States Court of Appeals for the Federal Circuit.
The referenced "paragraph (2)" provides that "[c]ases of
discrimination subject to the provisions of section 7702 of this title"
(cases alleging discrimination under any of the four anti-discrimination
statutes enumerated in that section) are to be reviewed in accordance with the
enforcement provisions of the enumerated statutes. In each case, the statute
authorizes that an action be filed in federal district court. [footnotes
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