(a) The Board has three members whom the President appoints and the Senate confirms. Members of the Board seve 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.

Subpart B-Offices of the Board AUTHORITY: 5 U.S.C. 1205 (g) and (i).

§ 1200.10 Who assists the Board?

(a) A staff helps the Board carry out its work. The following offices make up the staff:

(1) Offices of the Executive Director, Deputy Executive Director for Management, and Deputy Executive Director for Regional Operations.

(2) Office of Management Analysis. (3) Office of the Inspector General. (4) Office of Administration. (5) Office of the Administrative Law Judge.

(6) Office of the Appeals Counsel.
(7) Office of the Clerk of the Board.
(8) Office of the General Counsel.
(9) Office of Policy and Evaluation.
(10) Regional Offices.

(b) Office of the Executive Director. The Executive Director manages the operations and programs of the Board's headquarters and regional offices and reports directly to the Chairman. The Deputy Executive Director for Management manages internal management programs and systems. The Deputy Executive Director for Regional Operations manages the appellate functions of the 11 MSPB regional offices.

(c) Office of Management Analysis. The Director, Office of Management Analysis, develops and coordinates internal management programs and projects for the Deputy Executive Director for Management, and prepares information publications including annual reports on the Board's significant actions and its appeals workload.

(d) Office of the Inspector General. The Inspector General is the Board's internal auditor and reports directly to the Executive Director. The Inspector General plans and directs audits, investigations, and internal control evaluations.

(e) Office of Administration. The Director, Office of Administration, manages the Board's administrative programs. This office has four divisions: Financial and Administrative Management; Equal Employment; Information Resources Management; and Personnel.

(f) Office of the Administrative Law Judge. The Administrative Law Judge hears Administrative Procedures Act cases and other cases that the Board assigns. The Administrative Judge also rules on discovery motions and subpoena requests.

Law

(g) Office of Appeals Counsel. The Director, Office of Appeals Counsel, prepares proposed decisions that recommend appropriate action by the Board in petition for review cases and other cases assigned by the Board.

(h) Office of the Clerk of the Board. The Clerk of the Board enters petitions for review and original jurisdiction cases onto the Board's docket and monitors their processing. The Clerk of the Board also does the following:

(1) Gives information on the status of cases;

(2) Manages the Board's records, reports, and correspondence style and control programs; and

(3) Answers requests under the Freedom of Information and Privacy Acts at the Board's headquarters.

(i) Office of the General Counsel. The General Counsel provides legal advice to the Board and its headquarters and regional offices, represents the Board in court proceedings, manages legislative policy, and performs congressional and media liaison.

(j) Office of Policy and Evaluation. The Director, Policy and Evaluation, conducts special reviews and studies of Federal merit systems, including actions of the Office of Personnel Management under 5 U.S.C. 1209(b).

(k) Regional Offices. The Board has 11 regional offices located throughout the country. (Appendix II to 5 CFR Part 1201 contains a list of the regional offices.) The regional offices enter initial appeals onto their docket and make decisions on initial appeals according to Board regulations under 5 CFR Part 1201 and 5 CFR 1201.111.

[53 FR 46843, Nov. 21, 1988; 53 FR 23850, June 24, 1988]

Subpart E-Procedures for Cases Involving Allegations of Discrimination

1201.151 Scope and policy.

1201.152 Compliance with subpart B procedures.

1201.153 Contents of appeal.

1201.154 Time for filing appeal; closing record in cases involving grievance decisions.

1201.155 Remand of allegations of discrimination.

1201.156 Time for processing appeals involving allegations of discrimination. 1201.157 Notice of right to judicial review. REVIEW OF BOARD DECISION

1201.161 Action by the Equal Employment Opportunity Commission; judicial review.

1201.162 Board action on the Commission decision; judicial review.

1201.163 Mixed cases governed by Reorganization Plan No. 1 of 1978.

SPECIAL PANEL

1201.171 Referral of case to Special Panel. 1201.172 Organization of Special Panel; designation of members.

1201.173 Practices and procedures of Special Panel.

1201.174 Enforcing the Special Panel decision.

1201.175 Judicial review of cases decided under 5 U.S.C. 7702.

Subpart F—Enforcement of Final Decisions and Orders

1201.181 Authority and explanation. 1201.182

Petition for enforcement.

1201.183 Procedures for processing petitions for enforcement.

Subpart G-Savings Provisions

1201.191 Savings provisions.

§ 1201.3 Appellate jurisdiction.

(a) Generally. The Board has jurisdiction over appeals from agency actions when the appeals are authorized by law, rule, or regulation. These include appeals from the following actions:

(1) Reduction in grade or removal for unacceptable performance (5 CFR part 432; 5 U.S.C. 4303(e));

(2) Removal, reduction in grade or pay, suspension for more than 14 days, or furlough for 30 days or less for cause that will promote the efficiency of the service. (5 CFR part 752, subparts C and D; 5 U.S.C. 7512);

(3) Removal, or suspension for more than 14 days, of a career appointee in the Senior Executive Service (5 CFR part 752, subparts E and F; 5 U.S.C. 7541-7543);

(4) Reduction-in-force action affecting a career appointee in the Senior Executive Service (5 U.S.C. 3595);

(5) Reconsideration decision sustaining a negative determination of com

petence for a general schedule employee (5 CFR 531.410; 5 U.S.C. 5335(c));

(6) Determinations affecting the rights or interests of an individual or of the United States under the Civil Service Retirement System or the Federal Employees' Retirement System (5 CFR parts 831 and 842; 5 U.S.C. 8347(d)(1)–(2) and 8461 (e)(1));

(7) Disqualification of an employee or applicant because of a suitability determination (5 CFR 731.401);

(8) Termination of employment during probation or the first year of a veterans readjustment appointment when:

(i) The employee alleges discrimination because of partisan political reasons or marital status; or

(ii) The termination was based on conditions arising before appointment and the employee alleges that the action is procedurally improper (5 CFR 315.806, 38 U.S.C. 2014(b)(1)(D));

(9) Termination of appointment during a managerial or supervisory probationary period when the employee alleges discrimination because of partisan political affiliation or marital status (5 CFR 315.908(b));

(10) Separation, reduction in grade, or furlough for more than 30 days, when the action was effected because of a reduction in force (5 CFR

351.901);

(11) Furlough of a career appointee in the Senior Executive Service (5 CFR 359.805);

(12) Failure to restore a former employee to employment following military service, or following partial or full recovery from a compensable injury (5 CFR 353.401);

(13) Employment of another applicant when the person who wishes to appeal to the Board is entitled to priority employment consideration after a reduction-in-force action, or after partial or full recovery from a compensable injury (5 CFR 302.501, 5 CFR 330.202);

(14) Failure to reinstate a former employee after service under the Foreign Assistance Act of 1961 (5 CFR 352.508);

(15) Failure to re-employ a former employee after movement between executive agencies during an emergency (5 CFR 352.209);