Labor & Employment Law Daily Wrap Up, MSPB NEWS—FAQs amended, again, now that Harris back on Board, (Apr 8, 2025)
By Brandi O. Brown, J.D.
The FAQs discuss prior issues regarding lack of a quorum and the restoration of the full Board.
Yesterday, MSPB announced an updated version of its Frequently Asked Questions about the Lack of Quorum Period and Restoration of the Full Board. It reflects now that former Chairman Cathy Harris has served as a member since March 4, 2025. It states: “The Board’s quorum is currently intact, and it continues its mission-critical work.”
At the end of March, the U.S. Merit Systems Protection Board updated the same frequently asked questions document regarding the lack of quorum after Harris lost before a three-member panel of the D.C. Circuit in the ongoing litigation over her summary termination in February by the Trump administration. In her suit, she alleges she was fired without cause. She was briefly reinstated in March, based on a district court decision, but that reinstatement was temporarily upended with the panel’s decision on March 28 granting the administration’s motion for a stay pending appeal. And now that the en banc D.C. Circuit has reversed that panel decision, she is back on the Board and the FAQs have been amended. Again.
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