Upheld on Appeal

More than half of agency actions that are appealed to MSPB are settled or dismissed. Of the 1,372 cases actually adjudicated in fiscal 2002, the board upheld agency decisions nearly three-fourths of the time.

Afirmed 74%
Reversed 22%
Mitigated 3%
Other 1%

Source: MSPB

STRONG DEFENSE

In making his case for a new appeals system at the Defense Department, David Chu argued last year that disciplinary decisions by Defense managers often were reversed by the MSPB. But among the agencies that have had more than 80 decisions appealed to the MSPB since 2000, Defense actually has the best winning percentage.

AgencyCases AdjudicatedUpheld
Defense20489%
Army28585%
Treasury21885%
Interior12284%
Veterans Affairs27480%
Navy28180%
Justice16579%
Air Force16579%
Transportation8276%
Office of Personnel Management2,61072%
U.S. Postal Service71672%
Department of Agriculture9171%

Source: MSPB

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Upheld on Appeal
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