Watchful Waiting

There have been no decisions recently from the quorumless MSPB, and just a couple decisions from the FLRA-none of precedential significance. The Federal Circuit's recent decisions represent no remarkable innovations in civil service law-although a few recent decisions denying equitable tolling of the deadline for a petitions for judicial review may lead to one or more requests for en banc consideration. The Trump Administration's budget proposal from OMB portends ambitious budget cuts for some agencies, although individual administrative agencies, e.g., MSPB and EEOC and EEOC, are not specifically referenced. There are referenced more than a dozen small agencies scheduled for extinction, but those we write about are not-not yet.

The March 13, 2017, Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch requires each agency to provide to OMB a reorganization plan within six months, followed by a period for public comment, followed by OMB's recommendations to the President for reorganization of the government. Of interest to the federal sector civil service, EEO, and labor relations communities is the directive in the Executive Order that OMB's plan include recommendations concerning merger of agency functions. Will this be the time to consider consolidation of functions of the EEO, MSPB, and FLRA programs-a single agency adjudicating all claims? If federal district and appellate judges can resolve any claim under any federal statute, why not administrative judges or ALJs? Stay tuned and stay involved in the process as it evolves.