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.

Agency Cases Adjudicated Upheld
Defense 204 89%
Army 285 85%
Treasury 218 85%
Interior 122 84%
Veterans Affairs 274 80%
Navy 281 80%
Justice 165 79%
Air Force 165 79%
Transportation 82 76%
Office of Personnel Management 2,610 72%
U.S. Postal Service 716 72%
Department of Agriculture 91 71%

Source: MSPB

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