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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
CHAPTER III-Office of Management and Budget
CHAPTER IV-Advisory Committee on Federal Pay

1200

1300

1410

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CHAPTER IX-Appalachian Regional Commission
CHAPTER XI-Armed Forces Retirement Home ....

1900

2100

CHAPTER XIV-Federal Labor Relations Authority, General
Counsel of the Federal Labor Relations Authority and
Federal Service Impasses Panel

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
CHAPTER XXI-Department of the Treasury

2600

3101

CHAPTER XXII-Federal Deposit Insurance Corporation
CHAPTER XXIII-Department of Energy

3201

3301

CHAPTER XXIV-Federal Energy Regulatory Commission
CHAPTER XXV-Department of the Interior
CHAPTER XXVI-Department of Defense

CHAPTER XXVII-Department of Justice

CHAPTER XXIX-Federal Communications Commission
CHAPTER XXX-Farm Credit System Insurance Corporation
CHAPTER XXXI-Farm Credit Administration

Part

3401

3501

3601

3801

3901

4001

4101

.......

CHAPTER XXXIII-Overseas Private Investment Corporation
CHAPTER XXXV-Office of Personnel Management
CHAPTER XL-Interstate Commerce Commission
CHAPTER XLI-Commodity Futures Trading Commission
CHAPTER XLII-Department of Labor

4301

4501

.....

5001

5101

5201

CHAPTER XLIII-National Science Foundation

5301

CHAPTER XLV-Department of Health and Human Services
CHAPTER XLVI-Postal Rate Commission ....
CHAPTER XLVII-Federal Trade Commission

5501

5601

5701

CHAPTER XLVIII-Nuclear Regulatory Commission .......
CHAPTER L-Department of Transportation ......

5801

6001

CHAPTER LII-Export-Import Bank of the United States

6201

CHAPTER LIII-Department of Education

6301

CHAPTER LIV-Environmental Protection Agency
CHAPTER LVII-General Services Administration

6401

6701

CHAPTER LVIII-Board of Governors of the Federal Reserve
System

6801

CHAPTER LIX-National Aeronautics and Space Administration

6901

CHAPTER LX-United States Postal Service
CHAPTER LXI-National Labor Relations Board

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

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1207

Enforcement of nondiscrimination on the basis of
handicap in programs or activities conducted by
the Merit Systems Protection Board

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1209

Practices and procedures for appeals and stay re-
quests of personnel actions allegedly based on
whistleblowing

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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.

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