Federal Managers Association

In the News

• Many MSPB Appeals Not Getting Reviewed Despite Quorum - April 23, 2026

• FEDweek

  Even though the three-seat MSPB governing board has a quorum of two members, many appeals of hearing officer decisions brought there are not being reviewed, and those decisions are becoming the agency’s last word.

  Attorneys and whistleblower advocates say that’s largely due to one of the members, Henry Kerner, recusing himself from cases connected to the Office of Special Counsel, which he headed in 2017-2023 before being named to the board by then-President Biden. At least two members—in the current situation, both—must agree to hear an appeal.

  Without review by the board of a hearing officer’s decision—most such appeals are filed by employees, although some by agencies—the only remaining available route for continuing a challenge would be an appeal to the U.S. Court of Appeals for the Federal Circuit.

  To read the full article, click here.

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