[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19143]


  Federal Register / Vol. 59, No. 150 / Friday, August 5, 1994 /
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[[Page Unknown]]

[Federal Register: August 5, 1994]


                                                   VOL. 59, NO. 150

                                             Friday, August 5, 1994

MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1200

 

Board Organization

AGENCY: Merit Systems Protection Board.

ACTION: Final rule.

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SUMMARY: The Board is amending its organization and functional 
statements by adding a new section to clarify the procedure to be 
followed when a majority of the members of the Board cannot agree on 
the disposition of a case or a matter involved in a case due to a 
vacancy, recusal, or other reasons.
    None of these matters is currently addressed in the Board's 
regulations.

EFFECTIVE DATE: August 5, 1994.

FOR FURTHER INFORMATION CONTACT:
Robert E. Taylor, (202) 653-7200.

SUPPLEMENTARY INFORMATION: The procedures established by this 
regulation are based on established law which the Board applies when 
one vacancy exists and the two sitting members are unable to agree on 
the disposition of a case. Kopp v. Office of Personnel Management, 38 
M.S.P.R. 430, 433 (1988); Glass v. Office of Personnel Management, 31 
M.S.P.R. 162 (1986); Wade v. Department of Justice, 31 M.S.P.R. 35 
(1986); Ingram v. Department of the Navy, 30 M.S.P.R. 699 (1986) aff'd 
818 F.2d 876 (Fed. Cir. 1987) (Table). Consistent with these cases, the 
regulation rejects suggestions in earlier cases that the Board members 
may not under any circumstances delegate final decisional authority. 
Acting Special Counsel v. Sullivan, 4 M.S.P.R. 485, 490 (1981); Kling 
v. Department of Justice, 2 M.S.P.R. 464, 468 (1981).
    The Board is publishing this rule as a final rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1200

    Organization and functions (Government agencies).

    Accordingly, the Board amends 5 CFR part 1200 as follows:

PART 1200--[AMENDED]

    1. The authority citation for part 1200, subpart B--General, 
continues to read as follows:

    Authority: 5 U.S.C. 1204 (h) and (j).

    2. Subpart A is amended by adding a new Sec. 1200.3 to read as 
follows:
* * * * *


Sec. 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.

    Dated: August 2, 1994.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 94-19143 Filed 8-4-94; 8:45 am]
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