Saturday, August 30, 2014

UV400
100% protection
reality happens and exists in action
action brings reality
deadline  September 30, 2014. 

Korean coffee shop in Taiwan

if still alive, will continue to write

Friday, August 29, 2014

In IRA, VEOA and USERRA appeals, evidence that the administrative process has been exhausted is also required.  

Thursday, August 28, 2014

covered position

 an employee in, or applicant for, a covered position in an agency

(B) covered position” means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
(ii) excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration;

(C) agency” means an Executive agency and the Government Printing Office, but does not include—
(i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8) orsection 2302 (b)(9)(A)(i), (B), (C), or (D);
(ii)
(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
(II) as determined by the President, any executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities, provided that the determination be made prior to a personnel action; or
(iii) the Government Accountability Office; 

5 U.S. Code § 2302 - Prohibited personnel practices
http://www.law.cornell.edu/uscode/text/5/2302

covered position" under the "Prohibited Personnel Practices" statute (Title 5 of the United States Code, section 2302). Employees in covered positions include: Competitive service employees; Most excepted service employees in Executive agencies; Career appointees in the Senior Executive Service; Employees of Government corporations; Employees of the Government Printing Office; and Former employees of and applicants for employment with covered agencies. Employees specifically excluded from coverage are those in the Government Accountability Office, the FBI, and various intelligence agencies.
furlough
a period of time when an employee is told not to come to work and is not paid

PPP, covered position

a PPP applies only to an employee in or applicant for a "covered position" in an "agency." 5 U.S.C. § 2302(a)(2)(A). The first of those terms is defined for purposes of PPP law at 5 U.S.C. § 2302(a)(2)(B), the second at section 2302(a)(2)(C)

http://www.mspb.gov/ppp/ppp.htm

Tuesday, August 26, 2014

MSPB mediation brochure

http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=501843&version=503276&application=ACROBAT

appeal rights of veterans

http://www.mspb.gov/appeals/appellantqanda.htm

Office of Personnel Management (www.opm.gov, choose "Veterans" from the menu) 

DOL/VETS (www.dol.gov/dol/vets).

Do the procedures described in this publication apply to all appeals to MSPB?

http://www.mspb.gov/appeals/appellantqanda.htm

Some laws that authorize appeals to MSPB include procedural requirements that differ from the general procedures described in this publication. Such laws may require that you first exhaust the procedures of another agency before filing with MSPB, and the time limits for filing differ from those discussed in this publication. Also, because the basis for an appeal to MSPB is an alleged violation of one of these laws, you cannot expect your agency to advise you of an alleged violation and a right to appeal to MSPB. Laws with different procedural requirements include the following:
  • Whistleblower Protection Act of 1989 (Public Law No. 101-12) - This law authorizes an appeal to MSPB if you allege that you were subject to an agency action that was taken or threatened (or is about to be taken or threatened) because of certain legal disclosures of information, commonly known as whistleblowing. Unless the matter is directly appealable to the Board under law, rule or regulation, you must first file a complaint with the Office of Special Counsel and exhaust the procedures of that office. The special provisions applicable to whistleblower appeals are discussed in the Whistleblower Q&A section of this web site. Also see Title 5 of the U.S. Code, section 1221, and the Board's regulations at Title 5 of the Code of Federal Regulations, Part 1209.
  • Presidential and Executive Office Accountability Act (Public Law No. 104-331) - This law authorizes appeals to MSPB by employees of the Executive Office of the President, the White House Residence, and the official residence of the Vice President that allege violations of certain workplace laws, including the Family and Medical Leave Act and the Fair Labor Standards Act. You must first exhaust a mandatory period of counseling and mediation with the employing agency. Any subsequent appeal to MSPB must be filed no earlier than the 30th day and no later than the 90th day after you receive notice of the end of the mandatory period of counseling and mediation. See Title 3 of the U.S. Code, Chapter 5.
  • Uniformed Services Employment and Reemployment Rights Act (USERRA)(Public Law No. 103-353) - This law authorizes an appeal to MSPB based on an agency's alleged violation of your employment or reemployment rights following your service in a uniformed service (including discrimination based on such service or your obligation to perform it, or on your status as a veteran). You have the option of appealing directly to MSPB or filing a complaint with the Department of Labor's Veterans' Employment and Training Service (DOL/VETS). If you file with DOL/VETS, you must first exhaust that agency's procedure and may appeal to MSPB later if DOL/VETS cannot resolve the matter. See Title 38 of the U.S. Code, Chapter 43, and the Board's regulations at Title 5 of the Code of Federal Regulations, Part 1208.  In lieu of filing an appeal directly to the Board after receipt of the DOL/VETS’s notice, you may request that the Secretary of Labor refer the complaint to the Special Counsel.  If the Special Counsel agrees to represent you, then he or she will file your appeal to the Board; you may file it if the Special Counsel does not choose to represent you.
  • Veterans Employment Opportunities Act (Public Law No. 105-339) - This law authorizes an appeal to MSPB based on an agency's alleged violation of any law or regulation relating to veterans' preference. You must first file a complaint with DOL/VETS and allow that agency 60 days to resolve the matter. If DOL/VETS advises you that it has been unable to resolve the matter, an appeal to MSPB must be filed within 15 days after the date you receive the DOL/VETS notice. See Title 5 of the U.S. Code, sections 3330a, 3330b, and 3330c, and the Board's regulations at Title 5 of the Code of Federal Regulations, Part 1208.

MSPB, What happens if I appeal a case involving an allegation of discrimination to the Equal Employment Opportunity Commission?

http://www.mspb.gov/appeals/appellantqanda.htm

In a case appealable to the Board that involves an allegation of discrimination (a "mixed case"), you may ask the EEOC to review the Board's final decision on the discrimination issue. If the EEOC disagrees with the Board's decision on the discrimination issue, the case is returned to the Board. If the Board does not adopt the EEOC decision, then the case is referred to a Special Panel made up of a Chairman appointed by the President, one member of the Board, and one EEOC commissioner. The Special Panel issues the final decision in the case, which then may be appealed to an appropriate U.S. district court.

If the initial decision is in my favor, and the agency (or another party) files a petition for review, do I have to wait for relief until the MSPB issues a decision?

http://www.mspb.gov/appeals/appellantqanda.htm

If you are the prevailing party, the agency will grant you any relief provided in the initial decision pending the outcome of any petition for review if the Administrative Judge orders “interim relief.” If the Administrative Judge determines that interim relief is appropriate and if the decision requires your return to the workplace, the agency does not have to take this action if it determines that such a return would be unduly disruptive. However, it still has to restore you to pay and benefits status. The granting of interim relief does not require the payment of back pay or attorney fees. 

MSPB. Who has the burden of proof in appeals proceedings?

http://www.mspb.gov/appeals/appellantqanda.htm

The Agency: The agency has the burden of proving that it was justified in taking the action. If the agency meets its burden of proof, the Board must decide in favor of the agency, unless you show that there was harmful error in the agency's procedures, that the agency decision was based on a prohibited personnel practice, or that the decision was not in accordance with the law.

The Appellant: You have the burden of proving that your appeal is within the Board's jurisdiction and that it was timely filed. You also have the burden of proving any "affirmative defenses" that you raise, for example, discrimination or reprisal for whistleblowing. You also have the burden of proof on most issues in retirement cases.

MSPB, Are hearings held on all appeals?

http://www.mspb.gov/appeals/appellantqanda.htm

Once it is established that your appeal was timely filed and that the Board has jurisdiction, you have a right to a hearing on the merits of your case for most types of appeals: You may present evidence, including the testimony of witnesses, at the hearing. However, you may waive the right to a hearing and choose instead to have the appeal decided on the basis of the written record, which will include all pleadings, documents and other materials filed in the proceeding. Sometimes hearings are conducted by telephone or video conferencing rather than in person.

Who can represent me in an appeal before the MSPB, if I choose to have a representative?

http://www.mspb.gov/appeals/appellantqanda.htm

You can choose any person to represent you as long as that person is willing and available to serve. You can also represent yourself. Typical representatives include private attorneys, union attorneys, and other union representatives. The agency may challenge your representative on the basis of conflict of interest or conflict of position. If your representative is disqualified, you will be given a reasonable time to obtain another representative.

Does MSPB hear complaints of discrimination in connection with personnel actions?

http://www.mspb.gov/appeals/appellantqanda.htm

Generally, yes, if the personnel action can be appealed. See question 5. If an employee alleges discrimination in connection with most actions that are otherwise appealable to the Board, the Board has jurisdiction over the matter. Discrimination allegations that do not involve actions within the Board's jurisdiction may be pursued through the employing agency and the Equal Employment Opportunity Commission (EEOC).

Does MSPB hear appeals from employees who are covered by a negotiated grievance procedure?

http://www.mspb.gov/appeals/appellantqanda.htm

If an employee is a member of a bargaining unit that is represented by a union or an association, the bargaining agreement may have a negotiated grievance procedure available to the employee. Many times, the grievance procedure will cover personnel actions that by law may otherwise be appealed to the Board. If a bargaining unit employee is covered by such a "broad scope" grievance procedure, then the employee has a choice between filing either a grievance with the agency or an appeal with the Board, but may not do both. In some circumstances, however, an employee who filed a grievance and claims discrimination affected the grieved action may request the MSPB to review a final decision under the grievance system.
(Under the terms of some union contracts, Postal Service employees may be able to pursue a grievance under the negotiated grievance procedure and also file an appeal with the Board.)

Who may appeal an adverse action to MSPB?

http://www.mspb.gov/appeals/appellantqanda.htm\

Employees who may appeal adverse actions are:
 
  • Employees in the competitive service who have completed a 1-year probationary or trial period and those who have completed one year of current continuous service under other than a temporary appointment limited to 1 year or less;
  • Veterans preference-eligible employees with at least one year of continuous employment in the same or similar positions outside the competitive service;
  • Postal Service supervisors and managers, and Postal Service employees engaged in personnel work (other than those in nonconfidential clerical positions), who have completed one year of current continuous service in the same or similar positions; and
  • Excepted service employees, other than preference-eligibles, who are not serving a probationary or trial period under an initial appointment pending conversion to the competitive service and those who have completed two years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to two years or less.

May all Federal employees file appeals with the MSPB?

http://www.mspb.gov/appeals/appellantqanda.htm

No. The employees and others (e.g., applicants for employment, annuitants in retirement cases) who may appeal specific actions to the Board vary in accordance with the law and regulations governing those actions. In some cases, classes of employees, such as political appointees, are excluded. Employees of specific agencies are excluded with respect to certain actions.

What can I do if I am affected by a personnel action that is not appealable to the Board?

http://www.mspb.gov/appeals/appellantqanda.htm

  • Some actions that are not appealable to the Board may be appealable to OPM or may be covered by agency grievance procedures.
  • If you are a member of a bargaining unit, actions covered under a negotiated grievance procedure may be grieved in accordance with that procedure.
  • If a personnel action (whether appealable to the Board or not) is taken or about to be taken as a result of a prohibited personnel practice, you may file a complaint with the Office of Special Counsel, asking the Special Counsel to seek corrective action from the Board on your behalf.

What kinds of actions may be appealed to MSPB

Under the CSRA, the majority of the cases are appeals of agency adverse actions--removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less. 

Other types of actions that may be appealed to the Board include: performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions, OPM suitability determinations, OPM employment practices, OPM determinations in retirement matters, denials of restoration or reemployment rights, and terminations of probationary employees under certain circumstances. 

 A more complete listing is found in the Board’s regulations at 5 CFR 1201.3(a).

http://www.mspb.gov/appeals/appellantqanda.htm

social innovation

http://www.ssireview.org/

http://csi.gsb.stanford.edu/social-innovation

http://en.wikipedia.org/wiki/Social_innovation

veterans’ preference requirement

2302(e)(1). 

(e)
(1) For the purpose of this section, the term “veterans’ preference requirement” means any of the following provisions of law:
(A) Sections 21083305 (b)330933103311331233133314331533163317(b)3318332033513352336335013502 (b)3504, and 4303 (e) and (with respect to a preference eligible referred to in section 7511 (a)(1)(B)) subchapter II of chapter 75 and section 7701.
(B) Sections 943 (c)(2) and 1784 (c) of title 10.
(C) Section 1308(b) of the Alaska National Interest Lands Conservation Act.
(D) Section 301(c) of the Foreign Service Act of 1980.
(E) Sections 106 (f), [2] 7281 (e), and 7802 (5)  [2] of title 38.
(F) Section 1005 (a) of title 39.
(G) Any other provision of law that the Director of the Office of Personnel Management designates in regulations as being a veterans’ preference requirement for the purposes of this subsection.
(H) Any regulation prescribed under subsection (b) or (c) ofsection 1302 and any other regulation that implements a provision of law referred to in any of the preceding subparagraphs.

veterans’ preference rights

Office of Personnel Management’s http://www.opm.gov/staffingportal/vetguide.asp 

DOL http://www.dol.gov/elaws/evets.htm

Monday, August 25, 2014

Willingham v. Department of the Navy, 118 M.S.P.R. 21 (2012).

http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=710204&version=712413&application=ACROBAT
If your complaint did not allege reprisal for whistleblowing under (b)(8) or reprisal for protected activity under (b)(9), the law does not allow you to file an IRA with the MSPB. ​


https://osc.gov/Pages/ppp-faq.aspx

MSPB Regulations

The Board's regulations are located in Title 5 of the Code of Federal Regulations (CFR) at 5 CFR, Chapter II, Parts 1200 through 1210 (5 CFR Part 1200). They are available on the MSPB website (www.mspb.gov) as well as at any Board office, agency libraries, agency personnel or administrative offices, and most public libraries. Part 1201 describes the Board's appellate procedures and requirements. Part 1208 describes the special provisions applying to USERRA and VEOA cases, and Part 1209 describes the special provisions applying to "whistleblower" cases.  The Board's regulations were substantially revised as of November 13, 2012, so printed copies may not reflect the current regulations.  You must assure that you rely only on the current regulations.

http://www.mspb.gov/appeals/whistleblower.htm

administrative judge, whistleblower appeal, MSPB

What can I do if I am not satisfied with the administrative judge's decision on my whistleblower appeal?

As is the case with other decisions on appeals to the Board, you have the right to ask the 3-member Board in Washington to review the initial decision of the administrative judge. You do this by filing a petition for review in accordance with the Board's regulations at Title 5 of the Code of Federal Regulations, Part 1201,Subpart C. If no party files a petition for review, the initial decision of the administrative judge becomes final 35 days after it is issued. If a petition for review is filed, the decision issued by the Board becomes the final decision.
You may request judicial review of a final Board decision on your whistleblower appeal--either an initial decision of an administrative judge that has become final or the Board's decision on a petition for review--by the U.S. Court of Appeals for the Federal Circuit. The court must receive your request for review within 60 days of your receipt of the Board's final decision. The court normally will not waive this time limit and filings that do not meet the deadline will be dismissed.

http://www.mspb.gov/appeals/whistleblower.htm

whistleblower appeal, MSPB

http://www.mspb.gov/appeals/whistleblower.htm

If I file a whistleblower appeal with the Board after the Special Counsel has terminated an investigation of my complaint, will that termination influence the Board's decision?

No. Under the Whistleblower Protection Act, when the Board considers your appeal, it may not take into account the Special Counsel's decision to terminate an investigation of your complaint. Moreover, if you file your appeal because 120 days have passed without your being notified that the Special Counsel will seek corrective action on your behalf, the Special Counsel may not proceed to seek corrective action without your permission. Furthermore, the Special Counsel may not intervene in your appeal before the Board without your permission.

burdens of proof in whistleblower appeal,, MSPB

http://www.mspb.gov/appeals/whistleblower.htm

In whistleblower appeals, you have the burden of proving by a preponderance of the evidence that whistleblowing was a contributing factor in the personnel action threatened, taken, or not taken against you. You may demonstrate that whistleblowing was a contributing factor by showing that the official taking the action knew about the whistleblowing and that the action occurred within a time period such that a reasonable person would conclude that the whistleblowing was a contributing factor in the personnel action, but there are also additional ways to meet this burden. If you are filing an IRA appeal, you must also prove that you exhausted your remedy before the Office of Special Counsel.
If you establish by preponderant evidence that whistleblowing was a contributing factor, the Board will order corrective action unless the agency demonstrates by clear and convincing evidence that it would have taken the same action in the absence of the whistleblowing. The clear and convincing standard of proof is a higher standard than the preponderance of the evidence.

whistleblower appeal, MSPB

http://www.mspb.gov/appeals/whistleblower.htm

How do I file a whistleblower appeal with the Board?

You must file your timely appeal in writing with the Board's regional or field office serving the area where your duty station was located when the action was taken. Applicants for employment should file in the regional or field office serving the area where the position applied for is located. This requirement applies to all whistleblower appeals, both otherwise appealable actions and individual right of action appeals.
Your appeal must contain the following:
  • All of the information required by the Board's regulations at Title 5 of the Code of Federal Regulations, Part 1201, for other types of appeals, including the signature of the appellant or the appellant's representative and a certificate of service stating how and when a copy of the appeal was served on the agency.
  • A description of the whistleblowing disclosure and a chronology of facts concerning the personnel action--including the name and position of the person(s) taking the action, or a copy of your complaint to OSC and any addenda to it.
  • An explanation as to why you believe the personnel action is in reprisal for whistleblowing and any supporting evidence you have.
  • In the case of a threatened action not yet taken, the specific indications giving rise to your apprehensions.
  • If you have sought corrective action from the Special Counsel first, evidence that your appeal is being filed within the required time limits.
  • A form for filing an appeal and a listing of addresses of all MSPB regional and field offices are available on the MSPB Website.
Appeals may be filed by mail, by facsimile, by commercial overnight delivery, by personal delivery, or electronically by using the Board's online process at MSPB e-Appeal Online (https://e-appeal.mspb.gov/). The date of filing by mail is considered to be the postmark date. The date of filing by facsimile is the date of the facsimile. The date of filing by commercial overnight delivery is the date you deliver the appeal to the commercial overnight delivery service. The date of filing by e-Appeal is the date of electronic submission.

What are the required time limits for filing a whistleblower appeal?

The time limits are different for an otherwise appealable action and for an individual right of action appeal.
Otherwise Appealable Action: You must file within 30 calendar days of the effective date of the action, if any, or within 30 calendar days after the date of receipt of the agency's decision, whichever is later. (If the filing deadline falls on a Saturday, Sunday, or Federal holiday, the filing deadline is extended to the next working day.)However, if you have been subjected to an otherwise appealable action and you choose to seek corrective action from the Special Counsel first, the time limits for appealing to the Board are the same as for an individual right of action appeal.
Individual Right of Action: The time limits for filing an individual right of action appeal depend on what the Special Counsel does with your complaint.
  • If the Special Counsel notifies you that the office is terminating its investigation of your complaint, you have 65 days from the date of the Special Counsel's written notice, or 60 days from your receipt of the notice, whichever is later, to file an individual right of action appeal with the Board.
  • If 120 days pass after you file a complaint with the Special Counsel and that office has not notified you that it will seek corrective action on your behalf, you may file an individual right of action appeal with the Board anytime thereafter.

What is a "stay" and how does it apply to whistleblower appeals?
A stay orders the agency to suspend the personnel action being appealed. You may file a stay request with the Board in connection with either kind of whistleblower appeal--an otherwise appealable action or an individual right of action appeal. You may file a stay request at any time after you become eligible to file your appeal, but no later than the time limit the judge sets for close of discovery in the appeal. You may file a stay request before, at the same time as, or after you file your appeal. If you file the stay request first, you must file your appeal within 30 days after the judge rules on the stay request.

How do I file a stay request with the Board?
You file a stay request in writing with the same Board regional or field office where you file your appeal. Appeals may be filed by mail, by facsimile, by commercial overnight delivery, by personal delivery, or electronically by using the Board's online process at MSPB e-Appeal Online (https://e-appeal.mspb.gov/). The date of filing by mail is considered to be the postmark date. The date of filing by facsimile is the date of the facsimile. The date of filing by commercial overnight delivery is the date you deliver the appeal to the commercial overnight delivery service. The date of filing by e-Appeal is the date of electronic submission.
Your stay request must comply with 5 C.F.R. § 1209.9 and contain the following information:
  • Your name and the names, addresses, and telephone numbers of the agency and your representative, if you have one.
  • A chronology of the facts, including a description of the whistleblowing disclosure and the personnel action that the agency has threatened, taken, or failed to take.
  • An explanation as to why you believe the personnel action is based on whistleblowing. You should support your explanation with documentary proof because a stay will be granted only if you show a "substantial likelihood" that your appeal will succeed.
  • An explanation as to how long the stay should remain in effect and whether the stay will cause a hardship on the agency.
  • If you first sought corrective action from the Special Counsel, evidence that the request is timely filed.

How does the Board decide a stay request?
After you have filed your stay request, the administrative judge will allow the agency an opportunity to comment and submit evidence. After considering all the arguments and evidence, the administrative judge will either grant or deny your request.
If your stay request is granted, the administrative judge will specify the time period during which the agency must suspend the personnel action. A typical stay order will suspend the personnel action indefinitely, until it is later modified or vacated by another Board order.
If your stay request is not granted, you may file a written request with the administrative judge asking that he refer your request and his decision denying your request to the Board members in Washington, D.C. for their review. This is called "petitioning" the administrative judge to "certify" his decision as an "interlocutory appeal." The Board's regulations regarding interlocutory appeals are found at Title 5 of the Code of Federal Regulations, Part 1201, sections 1201.91 to 1201.93.
法律系歷年畢業人數

https://stats.moe.gov.tw/bcode/

歷年法律系數目

http://www.edu.tw/pages/list.aspx?Node=3752&Type=1&Code=9001&Index=7&wid=31d75a44-efff-4c44-a075-15a9eb7aecdf

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大學校院學科標準分類查詢系統


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學校基本資料
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代碼38
https://stats.moe.gov.tw/bcode/
http://www.edu.tw/pages/detail.aspx?Node=1745&Page=22169&Index=11&WID=31d75a44-efff-4c44-a075-15a9eb7aecdf






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Sunday, August 24, 2014

IRA, MSPB

Two Kinds of Whistleblower Appeals
There are two kinds of whistleblower appeals. The principal difference between the two is in the way they reach the Board.

Otherwise Appealable Action: In the first kind of case, the individual is subject to a personnel action that is directly appealable to the Board, and the individual claims that the action was taken because of whistleblowing. This kind of case is referred to by the Board as an "otherwise appealable action," and the individual may file an appeal directly with the Board after the action has been taken. In such an appeal, both the appealable matter and the claim of reprisal for whistleblowing will be reviewed by the Board.

Individual Right of Action: The second kind of case was created by the Whistleblower Protection Act and is referred to as an "Individual Right of Action." In this kind of case, the individual is subject to a personnel action and claims that the action was taken because of whistleblowing, but the action is not one that is directly appealable to the Board. In this kind of case, the individual can appeal to the Board only if he files a complaint with the Special Counsel first and the Special Counsel does not seek corrective action on the individual's behalf.

What must I do before I can file an individual right of action appeal with the MSPB?
Before you can file an individual right of action appeal with the MSPB, you must first seek corrective action with the Office of Special Counsel (OSC), as required by 5 U.S.C. § 1214(a)(3). This is done by filing a complaint with OSC. OSC's Complaint Form and further information about their procedures are available at the OSC website (http://www.OSC.gov). For time limits on filing an appeal with the MSPB after seek corrective action from OSC see Question 4 below.

In an otherwise appealable action, you have the option of first seeking corrective action with the Special Counsel as described above, or you can file an appeal with the Board without first seeking corrective action from OSC.

http://www.mspb.gov/appeals/whistleblower.htm

PPP, IRA, MSPB

By law, the employee or applicant must first seek corrective action from OSC before filing an IRA. ???The IRA may be filed: after OSC closes a matter in which retaliation for whistleblowing has been alleged; or 120 days after a PPP complaint is filed with OSC, if OSC has not notified the complainant that it will seek corrective action.


The Whistleblower Protection Enhancement Act of 2012 expanded the IRA right to include most 5 U.S.C. § 2302(b)(9) retaliation claims, including: retaliation for filing a whistleblower appeal, complaint, or grievance; retaliation for assisting an individual in the exercise of an appeal, complaint, or grievance right; retaliation for cooperating with or disclosing information to the Inspector General of a federal agency, or the Special Counsel; or retaliation for refusing to obey an order that would require the individual to violate a law.​


The Whistleblower Protection Enhancement Act of 2012 expanded the IRA right to include most reprisal claims under 2302(b)(9), which is reprisal for engaging in protected activity. If you alleged reprisal for engaging in any of the following activities under 2302(b)(9), you may file an IRA with the MSPB (if OSC closed your complaint or has not notified you within 120 days that it will seek corrective action your behalf): 

Procedures for filing an IRA are set forth in MSPB regulations at 5 C.F.R. Part 1209. Note that, if OSC closed your retaliation case, your IRA appeal must be filed within 65 days of the date of the OSC notice advising you that OSC is closing the case or within 60 days after the date you receive the OSC notice, whichever is later. 


If your complaint did not allege reprisal for whistleblowing under (b)(8) or reprisal for protected activity under (b)(9), the law does not allow you to file an IRA with the MSPB. ​
https://osc.gov/Pages/ppp-faq.aspx


In considering an IRA, the MSPB may refuse to accept any matters that were not specifically presented to OSC first. ??? Similarly, the MSPB will only consider retaliation allegations in an IRA appeal.

https://osc.gov/Pages/ppp-faq.aspx

otherwise appealable action, OAA

The​ law requires that you select only one of three options to address an “otherwise appealable action.” 5 U.S.C. § 7121(g). 

Otherwise appealable actions include: 
1.adverse actions (removals, suspensions that exceed 14 days, reductions in grade or pay, and furloughs for 30 days or less)

2.performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions

3. denials of restoration or reemployment rights.

 Thus, if you experienced one of these actions, you may choose only one route to pursue your PPP complaint:

(1) a PPP complaint at OSC
(2) a MSPB appeal
or (3) a union grievance

You will be bound by the first option you choose and cannot change your mind if you are dissatisfied with the outcome of the first option chosen. 
Please note that, if you have filed an MSPB appeal, and your filing has not been, or is not likely to be, dismissed for lack of jurisdiction, OSC will not pursue your PPP complaint because we are bound by the MSPB’s decisions. 
Similarly, if your union grievance or MSPB appeal has reached a federal court, OSC may not be able to pursue your PPP complaint because we would be bound by the court’s decision on certain issues.​​


My PPP case was wrongly decided by the MSPB or a federal court. Can OSC assist me?


No. OSC cannot change a final ruling by the Merit Systems Protection Board (MSPB) or a federal court. If your PPP case is or can be appealed, OSC may submit an amicus curiae brief before the MSPB regarding any PPP case, or before a federal court regarding only a case’s impact on the PPPs involving whistleblower retaliation law (see above). OSC cannot provide legal advice on whether to appeal your case, or whether your case may be appealed

https://osc.gov/Pages/ppp-faq.aspx

My PPP case is in federal court. Can OSC file amicus curiae brief?


Maybe. OSC may file amicus curiae (friend of the court) briefs in PPP cases that contain novel or significant issues of law with respect to whistleblower retaliation. An amicus curiae brief is a legal argument provided to a court by a person or group who is not a party to the case, but who could be affected by the legal questions it raises. By law, OSC may only provide amicus curiae briefs in cases pending in federal court which involve 5 U.S.C. § 2302(b)(8) and (9) (commonly called whistleblower retaliation), but not in any other PPP cases. Please note that OSC is permitted file amicus curiae briefs in federal court, but may not assist private litigants in other ways.
If you would like OSC to consider submitting an amicus curiae brief in your case pending in federal court, please send an email to intervene@osc.gov with the subject line "Request for Amicus." Please include:
  1. The case name and docket number, if they have been assigned;
  2. What, if any, action the court has taken in the matter to date;
  3. Whether any court proceedings are scheduled and, if so, what they are about and when they will be held; and
  4. Why you are seeking OSC's assistance, including a description of any novel or important legal issue in the proceeding. ​                                        
  5.         https://osc.gov/Pages/ppp-faq.aspx

My PPP case is before the MSPB. Can OSC file amicus curiae brief?

Yes. OSC may seek permission to file amicus curiae (friend of the court) briefs in PPP cases pending before the Merit Systems Protection Board (MSPB). An amicus curiaebrief is a legal argument provided to a court by a person or group who is not a party to the case, but who could be affected by the legal questions it raises. Pursuant to 5 C.F.R. § 1201.34(e), the MSPB has discretion to accept or reject OSC's submitted amicus curiaebriefs.
If you would like OSC to consider submitting an amicus curiae brief in your case before the MSPB, please send an email to intervene@osc.gov​ with the subject line "Request forAmicus." Please include:
  1. The case name and docket number, if they have been assigned;
  2. What, if any, action the MSPB has taken in the matter to date;
  3. Whether any MSPB proceedings are scheduled and, if so, what they are about and when they will be held; and
  4. Why you are seeking OSC's assistance, including a description of any novel or important legal issue in the proceeding                                                                                                                                                                                                       https://osc.gov/Pages/ppp-faq.aspx​

My PPP case is before the MSPB. Can OSC intervene in my case?

Yes. OSC has the authority to formally submit its views on a PPP case pending before the Merit Systems Protection Board (MSPB). In certain types of appeals, OSC must obtain the consent of the person appealing before intervening. OSC may choose to intervene in matters it deems highly significant to the proper functioning of the merit system, including cases under the Whistleblower Protection Act. Given limited resources, OSC cannot intervene on most cases.
​If you would like OSC to consider a request to intervene, please send an email to intervene@osc.gov with the subject line "Request to Intervene." Please include:
  1. The case name and docket number, if they have been assigned;
  2. What, if any, action the MSPB has taken in the matter to date;
  3. Whether any MSPB proceedings are scheduled and, if so, what they are about and when they will be held; and
  4. Why you are seeking OSC's intervention, including a description of any novel or important legal issue in the proceeding.
https://osc.gov/Pages/ppp-faq.aspx

I have filed a union grievance and/or MSPB appeal. Can I still file a PPP complaint at OSC?

Maybe. If you have already filed a union grievance or an appeal with the Merit Systems Protection Board (MSPB), there is an additional restriction on your ability to file a PPP complaint. The​ law requires that you select only one of three options to address an “otherwise appealable action.” 5 U.S.C. § 7121(g). Otherwise appealable actions include: adverse actions (removals, suspensions that exceed 14 days, reductions in grade or pay, and furloughs for 30 days or less), performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions, and denials of restoration or reemployment rights. Thus, if you experienced one of these actions, you may choose only one route to pursue your PPP complaint: (1) a PPP complaint at OSC; (2) a MSPB appeal; or (3) a union grievance. You will be bound by the first option you choose and cannot change your mind if you are dissatisfied with the outcome of the first option chosen. Please note that, if you have filed an MSPB appeal, and your filing has not been, or is not likely to be, dismissed for lack of jurisdiction, OSC will not pursue your PPP complaint because we are bound by the MSPB’s decisions. Similarly, if your union grievance or MSPB appeal has reached a federal court, OSC may not be able to pursue your PPP complaint because we would be bound by the court’s decision on certain issues.​

https://osc.gov/Pages/ppp-faq.aspx

What is the difference between filing a PPP complaint with OSC and making a whistleblower disclosure to OSC?

OSC investigates and prosecutes PPP complaintinvolving 13 specific practices that have been made illegal in the federal workforce. 5 U.S.C. § 2302(b). In most cases, PPP complaints are filed to challenge a personnel action that directly affects an employee for a prohibited reason.
OSC also serves as a safe conduit for the receipt and evaluation of whistleblower disclosures from federal employees, applicants, and former employees. 5 U.S.C. § 1213. This evaluation process is seperate and distinct from processing PPP complaints of retaliation for whistleblowing activities.​
https://osc.gov/Pages/ppp-faq.aspx