Failure to Allege Protected Employee Disclosures Precluded MSPB Jurisdiction
In the recently decided Bishop v. Department of Agriculture, The Merit Systems Protection Board (MSPB) clarified the importance of establishing jurisdiction in whistleblower issues.
MSPB Overturns “Inflexible” Precedent Requiring Remand Consideration
In overruling Wynn v. U.S. Postal Service, the Merit Systems Protection Board (MSPB) set out factors for analyzing whether affirmative defenses have been waived or abandoned.