The Court upheld the determination of the Merit Systems Protection Board (MSPB), in a three-page, non-precedential, decision that regardless of how many of its non-discretionary (i.e. "shall" duties) statutory duties to protect federal agency employees from reprisal that the US Office of Special Counsel (OSC) may violate, OSC's law-breaking does not create the "personnel action" of "any other significant change in working conditions" of the employee who seeks its protection because OSC is not their employer.
Mr. Carson intends to file a petition for panel rehearing, requesting the Court to issue a precedential decision, because Congress is currently considering legislation to re-authorize both OSC and MSPB, and the Court's reasoning, particularly if elaborated in a precedential decision, could persuade Congress to legislatively overturn the Court's reasoning.
If there much chance the Court will reconsider its decision, at least to issue a longer, more reasoned, precedential decision? If enough members of Congress and other stakeholders to the integrity of the federal civil service file amicus curiae briefs when Mr. Carson files a petition for panel rehearing that request the Court issue a precedential decision, it well might.
Mr. Carson has filed an unopposed motion to extend the time until June 15, 2017 to file a petition for panel rehearing.
MSPB decisions upheld by the Court:
Carson v. Office of Special Counsel, MSPB docket no. AT-1221-14-0620-W-1
Carson v. Office of Special Counsel, MSPB docket no. AT-1221-15-0092-W-1