On December 14, 2022, the Merit Systems Protection Board (MSPB) issued its precedential decision in Willie Davis v. Dept. of Veterans Affairs, 2022 MSPB 45 (2022). Davis was a case under the special disciplinary statute covering many Department of Veterans Affairs employees, 38 U.S.C. § 714, which was previously discussed in this blog. At issue in Davis was the deadline for filing MSPB appeals in ‘mixed case’ appeals involving 38 U.S.C. § 714 adverse actions (i.e. adverse actions where the appellant is alleging discrimination as an affirmative defense to the adverse action), specifically whether the longer preexisting 30 calendar day deadline for MSPB mixed case appeals applied, or if the shorter 10 business day deadline for appeals under 38 U.S.C. § 714 applied. The MSPB held that 38 U.S.C. § 714 did not modify the preexisting mixed case deadline, and so the longer 30 calendar deadline applied to Mr. Davis’ case. Finding Mr. Davis’ appeal timely, the MSPB remanded the appeal to an administrative judge for further adjudication. Mr. Davis was represented by Gilbert Employment Law Senior Counsel Edward H. Passman.
If you are a federal employee facing a proposed disciplinary action, are seeking legal representation any other matter before the Merit Systems Protection Board, or otherwise have questions regarding your legal rights, please consider contacting Gilbert Employment Law, P.C. to request an initial consultation.
