Under certain conditions, OSC has authority to prosecute USERRA claims involving federal executive agencies before the U.S. Merit Systems Protection Board (MSPB).

For a USERRA complaint to reach OSC, the following conditions must be met:

• The person must have filed a complaint [hyperlink to “Filing a Complaint” info above] with the U.S. Department of Labor, Veterans Employment & Training Service (DOL-VETS);


• The complaint must involve a federal executive agency (not a private, state, or local employer);


• The person must have received notice from DOL-VETS that it investigated the complaint and was unable to resolve it; and


• The person must make a request to DOL-VETS that the complaint be referred to OSC for possible legal representation before the MSPB.

If, after reviewing the complaint and investigative file, OSC is reasonably satisfied that the claimant is entitled to relief under USERRA, OSC may act as attorney for the claimant and initiate an action before the MSPB. If OSC declines representation, the claimant may still file an appeal with the MSPB.