Along with the Office of Personnel Management and the Federal Labor Relations Authority, the MSPB is a successor agency of the United States Civil Service Commission.

Whitmore was fired after giving Congressional testimony that the Occupational Safety and Health Administration's workplace injury and illness program was deliberately ineffective.

The largest settlement before Whitmore was for $755,000 to former Securities and Exchange Commission lawyer Gary J. Aguirre, for his wrongful termination in 2005.

One question asked, "During the last 12 months, did you personally observe or obtain direct evidence of one or more illegal or wasteful activities involving your agency?"

[13] In both 1992 and 2010, approximately one-third of the individuals who felt they had been identified as a source of a report of wrongdoing also perceived either threats or acts of reprisal, or both.

Rather, critics allege, the MSPB now makes it nearly impossible to fire poor performers or problematic employees, even when they have committed egregious violations that would result in immediate termination in the private sector.

According to the CEO of the Partnership for Public Service, "There is no question that taxpayers are losing hundreds of millions of dollars, in a conservative estimate.

[21] Effectively, this meant that no new substantive decisions are being issued and the backlog of cases awaiting a final disposition is increasing.

[22] On March 4, 2022, President Biden's nominees Vice Chair Raymond Limon and Member Tristan Leavitt were sworn in to the MSPB, leading to the restoration of a quorum.

3783), effective January 1, 1979, in accordance with EO 12107 (44 FR 1055), December 28, 1978, and the Civil Service Reform Act of 1978 (92 Stat.