5 C.F.R. Subpart A—General
Title 5 - Administrative Personnel
Authority: 5 U.S.C. 1201 et seq.
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] (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] (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]
Title 5: Administrative Personnel
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.
