The U.S. Supreme Court will hear a case centered on whether it's permissible to waive the deadline for asking an appellate court to review a decision by a board that handles federal employment claims.
On Dec. 8, the court agreed to hear the case involving the U.S. Merit Systems Protection Board, a quasi - judicial agency in the executive branch.
We've gathered a group of stories on the news from SHRM Online and other trusted sources.
Appealing to Merit Systems Protection Board
Stuart Harrow was working with the Defense Contracting Management Agency when the government shut down in October 2013 during a budget fight in Congress. The Pentagon furloughed Harrow in a departmentwide order.
Harrow asked to be exempt from the furlough because of a financial hardship. His request was denied, so he appealed to the Merit Systems Protection Board. An agency judge held a hearing and affirmed Harrow's furlough. A loss of quorum on the board stalled Harrow's appeal until 2022.
Court Action
This case is the latest attempt to sort out when statutory rules are flexible or when they must be strictly followed. Harrow petitioned the U.S. Court of Appeals for the Federal Circuit to review the furlough decision, but he missed the 60 - day deadline for filing the petition. He has asked the Supreme Court to categorize the 60 - day deadline a claims processing rule that can be waived for fairness concerns, and not a jurisdictional rule, which is inflexible.
Board Restores Quorum
From January 2017 to March 2022, the three - member Merit Systems Protection Board did not have a quorum of members and could not vote on any petitions for review. The quorum was restored on March 4, 2022, when Raymond Limon and Tristan Leavitt were sworn in. Acting Chairman Cathy Harris was sworn in on June 1, 2022. Leavitt left the board after his term expired on Feb. 28, 2023, so the board currently has a quorum of two members.
Questions still remain as to when the board expects to be through the case backlog they inherited and when current federal employees can expect their cases to be addressed.
(FedWeek)
Government Shutdowns
When the federal government shuts down because of budget battles, many federal employees and federal contractors are furloughed, meaning they must stop work and will not be eligible for pay or certain benefits. Approximately 1.2 million active - duty military staff work through shutdowns without pay, as do many civilian employees at the Department of Defense. Furloughed employees receive retroactive pay after the federal government reopens.
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