(a) Civil Service Reform Act of 1978 (Pub. L. 95-454).—(1) Scope. All executive orders, rules and regulations relating to the Federal service that were in effect prior to the effective date of the Civil Service Reform Act shall continue in effect and be applied by the Board in its adjudications until modified, terminated, superseded, or repealed by the President, Office of Personnel Management, the Merit Systems Protection Board, the Equal Employment Opportunity Commission, or the Federal Labor Relations Authority, as appropriate. (2) Administrative proceedings and appeals therefrom. No provision of the Civil Service Reform Act shall be applied by the Board in such a way as to affect any administrative proceeding pending at the effective date of such provision. "Pending" is considered to encompass existing agency proceedings, and appeals before the Board or its predecessor agencies, that were subject to judicial review or under judicial review on January 11, 1979, the date on which the Act became effective. An agency proceeding is considered to exist once the employee has received notice of the proposed action. (3) Explanation. Mr. X was advised of agency's intention to remove him for abandonment of position, effective December 29, 1978. Twenty days later Mr. X appealed the agency action to the Merit Systems Protection Board. The Merit Systems Protection Board docketed Mr. X's appeal as an "old system case," i.e., one to which the savings clause applied. The appropriate regional office processed the case, applying the substantive laws, rules and regulations in existence prior to the enactment of the Act. The decision, dated February 28, 1979, informed Mr. X that he is entitled to judicial review if he files a timely notice of appeal in the appropriate United States district court or the United States Court of Claims under the statute of limitations applicable when the adverse action was taken. (b) Whistleblower Protection Act of 1989 (Pub. L. 101-12).-(1) Scope. All orders, rules, and regulations issued by the Board and the Special Counsel before the effective date of the Whistleblower Protection Act of 1989 shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed by the Board or the Special Counsel, as appropriate. (2) Administrative proceedings and appeals therefrom. No provision of the Whistleblower Protection Act of 1989 shall be applied by the Board in such a way as to affect any administrative proceeding pending at the effective date of such provision. "Pending" is considered to encompass existing agency proceedings, including personnel actions that were proposed, threatened, or taken before July 9, 1989, the effective date of the Whistleblower Protection Act of 1989, and appeals before the Board or its predecessor agencies that were subject to judicial review on that date. An agency proceeding is considered to exist once the employee has received notice of the proposed action. APPENDIX I TO PART 1201-MERIT SYSTEMS PROTECTION BOARD APPEAL FORM U.S. MERIT SYSTEMS PROTECTION BOARD APPEAL FORM Instructions General: You do not have to use this form to file an appeal with the Board. However, if you do not, your appeal must still comply with the Board's regulations. 5 C.F.R. Part 1201. Your agency's personnel office will give you access to the regulations, and the Board will expect you to be familiar with them. You also should become familiar with the Board's key case law and controlling court decisions as they may affect your case. You may tell the Board if you are raising an affirmative defense (see Part III), and you are re sponsible for proving each defense you raise. Where to file an appeal: You must file your appeal with the Board's regional office identified in the decision notice the agency gave you. When to file an appeal: Your appeal must be filed during the period beginning with the day after the effective date of the action you are appealing and ending on the 20th day after the effective date. You must not file your appeal before the effective date of the action you are appealing. If you are appealing from a decision which does not set an effective date, you must file within 25 days of the date of the decision you are appealing. If your appeal is late, it may be dismissed as untimely. The date of filing is the date your appeal is postmarked or the date of receipt if you personally deliver it to the regional office. How to file an appeal: You may file your appeal by mail, by facsimile, or by personal delivery. You must submit an original and one copy of both your appeal and all attachments. You may supplement your response to any question on separate sheets of paper, but if you do, please put your name and address at the top of each additional page. All of your submissions must be legible and on 81⁄2" x 11" paper. Your appeal must contain your or your representative's signature in block 6. If it does not, your appeal will be rejected and returned to you. If your representative signs block 6, you must sign block 35 or submit a separate written designation of representative. Privacy act statement: This form requests personal information which is relevant and necessary to reach a decision in your appeal. The U.S. Merit Systems Protection Board collects this information in order to process appeals under its statutory and regulatory authority. Since you appeal is a voluntary action you are not required to provide any personal information in connection with it. However, failure to supply the U.S. Merit Systems Protection Board with all the information essential to reach a decision in your case could result in the rejection of your appeal. The Merit Systems Protection Board is authorized under provisions of Exec utive Order 9397, dated November 22, 1943, to request your Social Security number, but providing your Social Security number is voluntary and failure to provide it will not result in the rejection of your appeal. Your Social Security number will only be used for identification purposes in the processing of your appeal. You should know that the decisions of the U.S. Merit Systems Protection Board on appeals are final administrative decisions and, as such, are available to the public under the provisions of the Freedom of Information Act. Additionally, it is possible that information contained in your appeal file may be released as required by the Freedom of Information Act. Some information about your appeal will also be used in depersonalized form as a data base for program statistics. Public reporting burden: The public reporting burden for this collection of information is estimated to vary from 20 minutes to 1 hour, with an average of 30 minutes per response, including time for reviewing the form, searching existing data sources, gathering the data necessary, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to the Office of Management Anaylsis, Merit Systems Protection Board, 1120 Vermont Ave., NW, Washington, DC 20419, and to the Office of Management and Budget, Paperwork Reduction Project (3124-0009), Washington, DC 20503. PART I-APPELLANT IDENTIFICATION 1. Name (last, first, middle initial) 2. Social Security Number 3. Present address (number and street, city, state, and ZIP code). You must notify the Board of any change of address or telephone number while the appeal is pending with the MSPB. 4. Home phone (include area code) 5. Office phone (include area code) 39. Explain why you think you should not have been affected by the Reduction In Force. (Explanations could include: you were placed in the wrong retention group or sub-group; an error was made in the computation of your service computation date; competitive area was too narrow; improperly reached for separation from competitive level; an exception was made to the regular order of selection; full 30-day notice was not given; you believe you have assignment [bump or retreat] rights; or any other reasons. Please provide as much information as possible regarding each reason.) APPENDIX II TO PART 1201-APPROPRIATE REGIONAL OFFICE FOR FILING APPEALS All submissions shall be addressed to the Regional Director, Merit Systems Protection Board, at the addresses listed below, according to geographic region of the employing agency or as required by § 1201.4(d) of this part. Address of Appropriate Regional Office and Area Served: 1. Atlanta Regional Office, Suite 500, 1365 Peachtree Street, NE., Atlanta, Georgia 30309-3199, Facsimile No.: (404) 257-5267 (Alabama, Florida, Georgia, Mississippi, North Carolina, and South Carolina) 2. Boston Regional Office, 10 Causeway Street, Room 1078, Boston, Massachusetts 02222-1042, Facsimile No.: (617) 835-5903 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont) 3. Chicago Regional Office, 230 South Dearborn Street, 31st Floor, Chicago, Illinois 60604-1669, Facsimile No.: (312) 886-4231 (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin) 4. Dallas Regional Office, 1100 Commerce Street, Room 6F20, Dallas, Texas 752429979, Facsimile No.: (214) 729-0102, (Arkansas, Louisiana, Oklahoma, and Texas) 5. Denver Regional Office, 730 Simms Street, Suite 301, P.O. Box 25025, Facsimile No.: (303) 233-5438, Denver, Colorado 80225-0025, (Arizona, Colorado, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, Utah, and Wyoming) 6. New York Regional Office, 26 Federal Plaza, Room 3137-A, New York, New York 10278-0022, Facsimile No.: (212) 264-1417 (New York, Puerto Rico, Virgin Islands, and the following counties in New Jersey: Bergen, Essex, Hudson, Hunterdon, Morris, Passaic, Somerset, Sussex, Union, and Warren) 7. Philadelphia Regional Office, U.S. Customhouse, Room 501, Second and Chestnut Streets, Philadelphia, Pennsylvania 19106-2904, Facsimile No.: (215) 597-3456, (Delaware, Pennsylvania, Virginia-except cities and counties served by Washington Regional Office, West Virginia, and the following counties in New Jersey: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Middlesex, Monmouth, Ocean, and Salem) 8. St. Louis Regional Office, 911 Washington Avenue, Room 615, St. Louis, Missouri 63101-1203, Facsimile No.: (314) 279-4294 Kentucky, Missouri, and Tennessee) 9. San Francisco Regional Office, 525 Market Street, Room 2800,San Francisco, California 94105-2789, Facsimile No.: (415) 467-8532 (California) 10. Seattle Regional Office, 915 Second Avenue, Suite 1840, Seattle, Washington 98174-1001, Facsimile No.: (206) 399-6484 (Alaska, Hawaii, Idaho, Oregon, Washington, and Pacific overseas areas) 11. Washington Regional Office, 5203 Leesburg Pike, Suite 1109, Falls Church, Virginia 22041-3473, Facsimile No.: (703) 7567112 (Washington, DC., Maryland, all overseas areas not otherwise covered, and the following cities and counties in Virginia: Alexandria, Falls Church, Arlington, Fairfax City, Fairfax County, Loudoun, and Prince William) APPENDIX III TO PART 1201-APPROVED HEARING LOCATIONS BY REGIONAL OFFICE Atlanta Region Atlanta, Georgia Tampa/St. Petersburg, Florida |