With continuous changes in the workforce looming over federal employees, the Merit Systems Protection Board (MSPB) has seen an influx of appeals filed by federal workers since President Donald Trump took office. Under the Trump administration, the MSPB sees an average of 468 appeals filed weekly, compared to an average of 96 appeals filed weekly towards the end of 2024. In 2025, the MSPB has seen about 12,000 appeals filed, nearly double the 5,677 filed in 2024.

Lack of Staffing

Due to the mass influx in appeals, MSPB administrative judges are struggling to keep up with crushing caseloads in an agency with low staffing. The MSPB has seen a steady decrease in staffing levels since 2018. MSPB staffed 214 full-time employees in 2018; in June 2025, that number was down to 174. MSPB’s staffing capacity will likely continue to decrease. In its 2026 congressional budget justification, MSPB said it hasn’t been able to fill critical job vacancies and is only able to hire “on a prorated basis where the need is greatest at any given time.”

The 2026 budget request for the MSPB is $46,480,000, which includes $44,135,000 plus $2,345,000 from the Civil Service Retirement and Disability Fund (CSRDF). MSPB is exercising its statutory budget authority to submit a bypass request for fiscal year (FY) 2026 of $49,135,000 plus $3,075,000 to be transferred from the CSRDF, for a total FY 2026 budget request of $52,210,000.

MSPB noted in its 2026 budget proposal that “after careful analysis and deliberation, we believe that the amount requested via bypass is critical to our ability to efficiently execute our statutorily required adjudication responsibilities. Without such funding, MSPB may be unable to fully perform our statutory mission, imperiling our ability to help ensure a merit-based, accountable, and high-performing federal civil service.” For reference, the MSPB was allotted $52 million in the 2024 congressional budget.

‘Overwhelming’ Workload

One MSPB employee stated that with the federal workforce firings, the agency’s workload went from “busy” to “overwhelming” in just a few mere days. MSPB employees have been stretched thin and do not have the manpower to keep up with the number of appeals being filed with the agency. This has caused delays in the typical appeals process, resulting in long wait times for administrative judges’ decisions regarding federal workers’ appeals.

The MSPB appeal process, on average, takes anywhere from five weeks to three months. But with low levels of staffing and overwhelming dockets for administrative judges, the appeal process risks longer resolution times. For federal employees, this means uncertainty about their employment issues in a time where the Trump administration has directly targeted the federal workforce with governmentwide firings.

Lack of Quorum

Furthermore, MSPB also continues to operate without a quorum of its three-member board. The board currently consists of only one member. The lack of a quorum began April 9 spurred by President Trump’s termination of MSPB member Cathy Harris. Although Harris sued and was reinstated at one point, the Supreme Court upheld her firing and declined to reinstate her.

A lack of quorum means the MSPB does not have enough members to issue final decisions on certain cases; specifically, petitions for review of decisions made by administrative judges. This has resulted in significant delays of appeals, precedential rulings, and created legal uncertainty in federal employment law.

Restoration of the board quorum may be on the horizon, though. On June 30, the Senate Homeland Security and Governmental Affairs Committee advanced President Trump’s MSPB nominee, James Woodruff II. If he’s confirmed, Woodruff will take the board seat and effectively end the lack of quorum among the board.

Exercise Your Appeals Rights

In the meantime, a lack of quorum does not prevent federal workers from exercising their appeals rights. Workers are still able to file adverse action appeals, which administrative judges can issue decisions on. A federal employee’s MSPB appeal process risks stalling if the employee files a “petition for review” by the board for a decision issued by an administrative judge. With the hope of the board quorum being restored soon, federal workers should anticipate the backlog of MSPB appeals to be resolved soon after.

If you have additional questions about the Merit System Protections Board or filing an appeal, our Tully Rinckey team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.