I’ve done a quick crunch of the numbers provided by the Merit Systems Protection Board (MSPB) in its FOIA grant. There’s nowhere but up for this court, and Ms. Grundmann was smart to have released earlier statistics so that we can all observe as MSPB works to shed its reputation as one of the most arbitrary administrative courts in America.

The following is a rundown by regional office for the period from October 2007 through September 2008. New York, with a 0.6% rate of success for employee appellants, wins the “tell me again, why do you exist?” award while Dallas and San Francisco win the award for “most hostile,” turning in affirmations in favor of the agency at a rate of 16.7% and 15.6% respectively.  The bottom line is this: In FY 2008, non-benefit* MSPB initial dockets had a rate of 1.7% success in favor of the appellant.

FISCAL YEAR STATISTICS FOR 2008
ALL NON-BENEFIT MSPB INITIAL DOCKETS
BY REGIONAL OFFICE AND DISPOSITION*

TOTAL CASELOAD = 4698

ALL REGIONAL OFFICES                    4698  100.0%
   FOR AGENCY                            570   12.1%
   DISMISSED WITH PREJUDICE             2208   47.0%
   DISMISSED WITHOUT PREJUDICE           545   11.6%
   FOR EMPLOYEE APPELLANT                 79    1.7%
   SETTLED                              1296   27.6%

ATLANTA                                  779  100.0%
   FOR AGENCY                            101   13.0%
   DISMISSED WITH PREJUDICE              382   49.0%
   DISMISSED WITHOUT PREJUDICE            58    7.4%
   FOR EMPLOYEE APPELLANT                 20    2.6%
   SETTLED                               218   28.0%

CHICAGO                                  635  100.0%
   FOR AGENCY                             72   11.3%
   DISMISSED WITH PREJUDICE              276   43.5%
   DISMISSED WITHOUT PREJUDICE            82   12.9%
   FOR EMPLOYEE APPELLANT                  7    1.1%
   SETTLED                               198   31.2%

DALLAS                                   557  100.0%
   FOR AGENCY                             93   16.7%
   DISMISSED WITH PREJUDICE              247   44.3%
   DISMISSED WITHOUT PREJUDICE            74   13.3%
   FOR EMPLOYEE APPELLANT                  8    1.4%
   SETTLED                               135   24.2%

DISTRICT OF COLUMBIA                     760  100.0%
   FOR AGENCY                             93   12.2%
   DISMISSED WITH PREJUDICE              387   50.9%
   DISMISSED WITHOUT PREJUDICE            76   10.0%
   FOR EMPLOYEE APPELLANT                  9    1.2%
   SETTLED                               195   25.7%

DENVER                                   453  100.0%
   FOR AGENCY                             46   10.2%
   DISMISSED WITH PREJUDICE              165   36.4%
   DISMISSED WITHOUT PREJUDICE            66   14.6%
   FOR EMPLOYEE APPELLANT                 15    3.3%
   SETTLED                               161   35.5%

NEW YORK                                 315  100.0%
   FOR AGENCY                             13    4.1%
   DISMISSED WITH PREJUDICE              175   55.6%
   DISMISSED WITHOUT PREJUDICE            39   12.4%
   FOR EMPLOYEE APPELLANT                  2    0.6%
   SETTLED                                86   27.3%

PHILADELPHIA                             539  100.0%
   FOR AGENCY                             49    9.1%
   DISMISSED WITH PREJUDICE              273   50.6%
   DISMISSED WITHOUT PREJUDICE            65   12.1%
   FOR EMPLOYEE APPELLANT                  6    1.1%
   SETTLED                               146   27.1%

SAN FRANCISCO                            660  100.0%
   FOR AGENCY                            103   15.6%
   DISMISSED WITH PREJUDICE              303   45.9%
   DISMISSED WITHOUT PREJUDICE            85   12.9%
   FOR EMPLOYEE APPELLANT                 12    1.8%
   SETTLED                               157   23.8%

* EXCLUDES CSRA BENEFIT, FERS AND FERCCA -TYPE CLAIMS