CNN
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Federal workers are rushing to a lesser known understaffed office to try and save jobs from President Donald Trump’s massive government layoffs.
The Mett Systems Protection Board (MSPB) is facing an avalanche of new incidents as the Trump administration advances efforts to significantly reduce federal rank.
The board is also working on what one judge recently described as a “nude illegal” attempt by Trump to early eliminate the chairman of an independent body.
The Biden-appointed chairman will return to court on Monday for another hearing on how long she can stay in the role as the Trump administration is trying to keep her out. One of the other members left on Friday. That is, if Trump wins to fire the chairman, he could bump into the board by taking away the quorum needed to issue a final decision.
The obscure commission, little known outside the government, is set to become the next major battlefield for Trump and federal workers he is about to fire. Its increasingly important role has become clear after some judges recently gave up on lawsuits over the cuts and told employees and unions they should go to MSPB first.
Federal workers filed more new lawsuits last week than they totaled in the last 12 weeks, with more than 2,700 cases since Trump took office, according to the board.
The board’s executive director confirmed to CNN that there is currently a “slump in staff” but expressed confidence that it could handle the surge in cases.
One MSPB employee who asked not to be afraid of retaliation said that in a few days, he went from “busy” to “busy” to “overwhelming” amid the federal firing.
“They’re coming faster than we can handle them,” the employee told CNN, adding that laid-off workers are also calling questions and emailing them. “We’re going to dig deeper for a long time now.”
Mark Robbins, a former Republican MSPB member appointed by Obama, who served on the board from 2012 to 2019, said the flood of new appeals was “shocking” and “staff have to snatch up right now.”
The board has fewer than 190 staff members, and many employees are lawyers and “geeks” who are fascinated by federal procedures, Robbins said. Last year’s budget was $52 million, which is only a small amount by government standards. Musk, a tech billionaire who advises the president on federal cuts, spent more than five times supporting Trump in the 2024 election.
The MSPB has already issued a decision in cases where six probation workers are being closely monitored in their new roles. One of those employees was a 100% disabled veteran and was praised by his boss for his “willingness to go beyond that.” I was hit by a Trump layoff later that day.
The board on Tuesday handed the activists their first victory when Trump appointees temporarily recovered six employees they had tried to fire, saving thousands of jobs.
“We are now in this resolve and we are going to demand broader relief,” said Sky Perryman, president of Democratic Forward, a liberal nonprofit organization at the forefront of these and other legal agendas. “The individuals we represent represent a great many individuals from these federal agencies who have been inappropriately fired without a proper reason.”
CNN reached out to the White House for comment.
MSPB is an independent quasi-judicial institution founded in 1979. The board’s website says it is “parents of the federal merit system.” It was created as part of the Civil Service Reform Act after actions by President Jimmy Carter and Congress. This is a post-Watamate reform that specialised federal workers and imposed a breakwater against political abuse.
“If you believe in civil servants based on merit and based on qualifications, objectivity and intelligence rather than political standards, it’s important to wear guardrails to protect them.”
According to the MSPB website, the board protects “met system principles,” including employing only qualified people, treating staff fairly regardless of race or religion, and preventing punishment based on political views.
Not all, but not all, of the country’s 2.4 million federal employees, you can go to MSPB to resolve the dispute. For example, if an employee is fired, suspended or demoted, the employee can file a case.
Administrative judges hold trial-like hearings where both sides can make discoveries, issue subpoena, call witnesses and present evidence. That judge’s decision can be appealed to the actual MSPB Board of Directors. The board’s final judgment may be appealed in federal court.
The agency has a reputation for being fair, said Jenny Mattingly, vice president of government affairs for Public Services Partnerships, a nonpartisan group focusing on improving the federal government.
“Sometimes they find it for employees, sometimes for agents. It depends on the facts of the case,” she said. “From that perspective, I trust both the institution and the employees to go to MSPB.”
MSPB is a panel of three people. Board members must be appointed by the President and confirmed by the Senate. The three board members serve a overlapping term of seven years.
According to federal law, no more than two board members come from the same political party and cannot reinforce the bipartisan nature of the agency. Currently, the board has a 2-1 democratic majority. Chairman Kathy Harris was appointed in 2022 by President Joe Biden.
There are several steps Trump can take to neutralize the agency and try to slow down the work. Some U.S. District Court judges could potentially detain a fired worker as they have already said that if the employee doesn’t go to MSPB first they can’t consider a large-scale layoff lawsuit.
The Merit Board cannot issue a final decision without a quorum. If there are two spaces in a three-person panel, it will lose quorum. MSPB administrative judges can still hear about the case, but further appeals will be suspended as the board of directors who stepped in cannot issue a final judgment.
There was no quorum for Trump’s entire first term at the White House as Trump did not fill two vacant seats. (It’s unclear whether this is a deliberate move or whether the board is suffering amid the chaos of the Trump era.) The board regained its quorum under Biden in 2022, but not before it built a critical backlog of around 3,800 cases awaiting a final resolution.
After quorum was restored with Harris’ appointment, the board closed about 94% of backlogged cases, and the agency said in a report last month that it expects to resolve all remaining cases this year. A MSPB employee who spoke to CNN on condition of anonymity said Harris defeated the backlog faster than many expected.
“MSPB has experience arguing for increased workloads,” MSPB executive director William Spencer told CNN, referring to the backlog from Trump’s first term and “an influx of over 32,000 Farlow appeals” that stems from the 2013 government closure.
Raymond Limon, one of the Democrats’ members, will expire Saturday, and Trump will be able to replace him with a Republican. Limon is a member who suspended six shots this week.
Limon announced his retirement, the final day of his term, despite him being able to remain in another year while the Senate waited for him to confirm his successor. This means that if Trump wins the court battle to fire Harris, he will have the opportunity to castrate the board.
“There are vacant seats on the board, but the departure of member Limon will not lead to the loss of quorum,” MSPB said in a statement Friday. “The remaining board members constitute a quorum, and continue to decide on appeal before the board and issue an investigation report on civil servants.”
On Trump’s first inauguration day, he tried to fire Harris, causing an MSPB leadership crisis.
However, the boilerplate end email sent to Harris on February 10th did not cite any reason as required by federal law to deny MSPB members. She has now resurrected for now after filing a lawsuit and stating that Trump’s move appears to be “naked and illegal.”
“Independence is required for the MSPB’s mission and purpose,” district judge Rudolf Contreras wrote in his ruling last week, adding that “the Supreme Court’s 90-year precedent” opposed the Justice Department’s argument that Trump could fire Harris for any reason at any time.
At last week’s hearing, Justice Department lawyer Madeline McMahon argued that even if Trump wins and “freely” fires Harris, the MSPB still works fine.
“There’s still a quorum,” McMahon said. “The agency still works. There are two members and they can make a decision with or without her.”
Another hearing is set for Monday, with Harris driving a long-term recovery. Her lawyers argued in a recent filing that MSPB fairness is “more than ever” and they cited a “ten-fold increase” in the board’s caseload since Trump was sworn in.
“The current lawsuit over Cathy Harris is talking about volume,” said Karen Hertz, a federal employment lawyer who handled dozens of cases before the MSPB, in an interview. “Yes, there’s concern, but there’s checks and balance. And that’s not something the president has the authority to do. But this has never happened before.”
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Harris’ reinstatement also hoped some federal employees would not be compromised by the Trump administration.
“There is a growing belief on the part of the administration that they have less ability to insert their bias into the process,” said the Department of Health and Human Services’ Department of Probation Workers Layoffs.
Trump was able to try and find a rationale for passing a legal convener to fire Harris or other MSPB members. But it must hold up in court.
“It’s very difficult to prove any of the three factors that cause it,” Robbins said, noting the requirement that members can only be fired for inefficiency, negligence or misconduct.
The fire has been found to have said that they can file an appeal with the board if they believe they have been let go due to “partisan political reasons or marriage status situation.”
However, several employees who spoke anonymously to CNN said the appeal process was confusing.
The probation staff of one of the Centers for Disease Control and Prevention that launched an investigation into the MSPB, and the special advisor’s office listening to federal workers’ employment cases. However, the information was written in “legal” and “government,” which was difficult to decipher. (The head of the Special Advisors Bureau was also fired by Trump, but was later revived by a judge. The dispute has now reached the Supreme Court.)
“Everyone is trying to understand that on the spot,” the employee said. “We’re all trying to understand that and work together to support each other.”
This story has been updated with additional developments.
