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U.S. Park Police Chief Chambers is reinstated
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Under Grundmann, the board "made more progress toward protecting the merit system than in any other year since it was created by the Civil Service Reform Act of 1978," said Tom Devine, legal director of the Government Accountability Project, a whistleblower advocacy organization. "It issued landmark precedents that restored its authority to enforce the merit system. It reversed a decade-long trend of ruling against whistleblowers."
Four whistleblower victories in 2010 were one more than the total for the previous decade, Devine said.
Board members declined to comment for this article.
Last week, the board expanded the rights of some employees whom the Office of Personnel Management wants fired after their probationary period ends because they were determined to be "unsuitable" for federal employment. Against OPM arguments, MSPB ruled it could hear appeals of those terminations.
Last month, the board upheld appeal rights of disciplined employees who are in "sensitive positions" but who do not hold security clearances. Board members rejected the government's stance that the ability to appeal should be much more limited.
"In other precedents, the board provided appeal rights against indefinite suspensions while an employee is under investigation, strengthened employee rights to seek mitigation of overly harsh punishment and made it easier to obtain attorney fees" in certain cases, Devine said.
Although things have improved for employees with the current MSPB, the Office of Special Counsel and administrative judges, who also consider whistleblower cases, continue to steam worker advocates.
Administrative judges, Devine said, "continue routinely to rubber-stamp agency reprisals [against whistleblowers] through expansive readings of federal circuit loopholes that have gutted the Whistleblower Protection Act."