The Office of Personnel Management (OPM) and the Merit Systems Protection Board (MSPB) are proposing regulatory changes intended to speed up and standardize how agencies take performance- and misconduct-based actions—and how MSPB reviews those cases—while also calling for stronger supervisor training to support “employee accountability,” according to a proposed rule published in the Federal Register.
- Agencies affected: Executive branch agencies that use 5 U.S.C. chapter 43 (performance-based actions) and 5 U.S.C. chapter 75 (adverse actions), as well as related “non-disciplinary” separation procedures, as described by OPM.
- Actions covered: Proposed revisions address performance-based reductions in grade and removals, non-disciplinary separations, and other adverse actions, according to the Federal Register notice.
- MSPB role: The proposal would revise MSPB review procedures for these cases, including how the Board evaluates agency actions and related appeals processes, OPM said.
- Goal stated by OPM/MSPB: Streamline procedures and increase accountability for poor performance and misconduct, while maintaining statutory and due-process requirements described in the notice.
- Supervisor training: The proposal calls for improved supervisor training tied to performance management and conduct actions, aiming to reduce procedural errors that can slow or undermine cases, according to OPM.
- Status: This is a proposed rule; it is not yet final. OPM said the Federal Register publication opens the process for public input before any final regulations are issued.
Brief context: Performance- and misconduct-based actions are governed largely by statute, with implementing regulations and MSPB case law shaping how agencies build records, provide notice and opportunity to respond, and defend actions on appeal. OPM and MSPB said the proposed updates are intended to clarify and align procedures across performance-based actions (chapter 43) and adverse actions (chapter 75), and to address how MSPB reviews those actions once appealed. The notice also emphasizes training for supervisors—often the first link in documenting performance problems and applying conduct standards—so agencies can execute actions consistently and withstand MSPB scrutiny.
Employees and supervisors should watch for the final rule and any accompanying guidance, since changes to procedures and MSPB review standards can affect timelines, documentation expectations, and how cases are litigated. Bargaining unit employees may also see related impacts through negotiated procedures where applicable, consistent with law and regulation.
Source: Federal Register — OPM