Title 5-Administrative Personnel (This book contains part 1200 to End) EDITORIAL NOTE: Title 5 of the United States Code was revised and enacted into positive law by Pub. L. 89-554, Sept. 6, 1966. New citations for obsolete references to sections of 5 U.S.C. appearing in this volume may be found in a redesignation table under Title 5, Government Organization and Employees, United States Code. Part CHAPTER II-Merit Systems Protection Board 1200 1300 1410 CHAPTER IX-Appalachian Regional Commission 1900 2100 CHAPTER XIV-Federal Labor Relations Authority, General 2411 APPENDIX A TO 5 CFR CHAPTER XIV-CURRENT ADDRESSES AND GEOGRAPHIC JURISDICTIONS. APPENDIX B TO 5 CFR CHAPTER XIV-MEMORANDUM DESCRIBING THE AUTHORITY AND ASSIGNED RESPONSIBILITIES OF THE GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY. CHAPTER XV-Office of Administration, Executive Office of the President ...... 2500 CHAPTER XVI-Office of Government Ethics 2600 3101 CHAPTER XXII-Federal Deposit Insurance Corporation 3201 3301 CHAPTER XXIV-Federal Energy Regulatory Commission CHAPTER XXVII-Department of Justice CHAPTER XXIX-Federal Communications Commission Part 3401 3501 3601 3801 3901 4001 4101 ....... CHAPTER XXXIII-Overseas Private Investment Corporation 4301 4501 ..... 5001 5101 5201 CHAPTER XLIII-National Science Foundation 5301 CHAPTER XLV-Department of Health and Human Services 5501 5601 5701 CHAPTER XLVIII-Nuclear Regulatory Commission ....... 5801 6001 CHAPTER LII-Export-Import Bank of the United States 6201 CHAPTER LIII-Department of Education 6301 CHAPTER LIV-Environmental Protection Agency 6401 6701 CHAPTER LVIII-Board of Governors of the Federal Reserve 6801 CHAPTER LIX-National Aeronautics and Space Administration 6901 CHAPTER LX-United States Postal Service 7001 CHAPTER LXII-Equal Employment Opportunity Commission 7201 CHAPTER LXIII-Inter-American Foundation ....... .... 7301 CHAPTER LXV-Department of Housing and Urban Development .... 7501 CHAPTER LXVI-National Archives and Records Administration 7601 ...... 7901 CHAPTER LXIX-Tennessee Valley Authority CHAPTER LXXI-Consumer Product Safety Commission ........ 8101 CHAPTER LXXIV-Federal Mine Safety and Health Review Commission 1207 Enforcement of nondiscrimination on the basis of 1209 Practices and procedures for appeals and stay re- Sec. SUBCHAPTER A-ORGANIZATION AND PROCEDURES PART 1200-BOARD ORGANIZATION Subpart A-General 1200.1 Statement of purpose. 1200.2 Board members and duties. 1200.3 How the Board members make decisions. Subpart B-Offices of the Board 1200.10 Staff organization and functions. SOURCE: 56 FR 41747, Aug. 23, 1991, unless otherwise noted. Subpart A-General AUTHORITY: 5 U.S.C. 1201 et seq. § 1200.1 Statement of purpose. The Merit Systems Protection Board (the Board) is an independent Government agency that operates like a court. The Board was created to ensure that all Federal government agencies follow Federal merit systems practices. The Board does this by adjudicating Federal employee appeals of agency personnel actions, and by conducting special reviews and studies of Federal merit systems. [56 FR 41747, Aug. 23, 1991, as amended at 59 FR 65233, Dec. 19, 1994] § 1200.2 Board members and duties. (a) The Board has three members whom the President appoints and the Senate confirms. Members of the Board serve seven-year terms. (b) The President appoints, with the Senate's consent, one member of the Board to serve as Chairman and chief executive officer of the Board. The President also appoints one member of the Board to serve as Vice Chairman. If the office of the Chairman is vacant or the Chairman cannot perform his or her duties, then the Vice Chairman performs the Chairman's duties. If both the Chairman and the Vice Chairman cannot perform their duties, then the remaining Board Member performs the Chairman's duties. [56 FR 41747, Aug. 23, 1991, as amended at 59 FR 65233, Dec. 19, 1994] § 1200.3 How the Board members make decisions. (a) The three Board members make decisions in all cases by majority vote except in circumstances described in paragraphs (b) and (c) of this section or as otherwise provided by law. (b) When due to a vacancy, recusal or other reasons, the Board members are unable to decide any case by majority vote, the decision, recommendation or order under review shall be deemed the final decision or order of the Board. The Chairman of the Board may direct the issuance of an order consistent with this paragraph. (c) When due to a vacancy, recusal or other reasons, the Board members are unable to decide a matter in a case which does not involve a decision, recommendation or order, the Chairman may direct referral of the matter to an administrative judge or other official for final disposition. (d) Decisions and orders issued pursuant to paragraphs (b) and (c) of this section shall not be precedential. (e) This section applies only when at least two Board members are in office. [59 FR 39937, Aug. 5, 1994] Subpart B-Offices of the Board AUTHORITY: 5 U.S.C. 1204 (h) and (j). § 1200.10 Staff organization and functions. (a) The Board's headquarters staff is organized into the following offices and divisions: (1) Office of Regional Operations. (2) Office of the Administrative Law Judge. (3) Office of Appeals Counsel. (4) Office of the Clerk of the Board. (5) Office of the General Counsel. (6) Office of Policy and Evaluation. (7) Office of Equal Employment Opportunity. |