31 U.S.C. § 753 — Duties and powers
submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 310 words · no verdicts yet
The Board may decide certain personnel, labor, representation, and discrimination matters and order corrective or disciplinary action. It cannot stay a reduction-in-force action, and it must issue rules for appeals and its procedures.
(a) The General Accounting Office Personnel Appeals Board may consider and order corrective or disciplinary action in a case arising from—
(1) an officer’s or employee’s appeal of removal, a suspension lasting more than 14 days, a reduction in grade or pay, or a furlough lasting no more than 30 days;
(2) a prohibited personnel practice under section 732(b)(2) of this title;
(3) prohibited political activity under section 732(b)(3) of this title;
(4) a decision by an appropriate employee unit for collective bargaining;
(5) an election or certification of a collective-bargaining representative;
(6) a matter appealable to the Board under the labor-management-relations program under section 732(e)(2) of this title, including a labor practice prohibited under section 732(e)(1) of this title;
(7) an action involving discrimination prohibited under section 732(f)(1) of this title;
(8) an issue about Office personnel that the Comptroller General decides by regulation the Board must resolve; or
(9) an action involving discrimination prohibited under section 312(e)(2) of the Architect of the Capitol Human Resources Act.
(b) The Board has no authority to pause any reduction-in-force action.
(c) The Board may give a member or a panel of members authority to act under subsection (a). A decision by a member or panel under subsection (a) is treated as a final Board decision unless the Board reconsiders it under subsection (d).
(d) On a party’s motion or on its own initiative, the Board may reconsider a decision under subsection (a) no later than the 30th day after the decision is made.
(e) The Board must issue regulations—
(1) providing for officer and employee appeals consistently with sections 7701 and 7702 of title 5; and
(2) governing the Board’s operating procedures.
The General Accounting Office Personnel Appeals Board 1 may consider and order corrective or disciplinary action in a case arising from—
an officer or employee appeal about a removal, suspension for more than 14 days, reduction in grade or pay, or furlough of not more than 30 days;
a prohibited personnel practice under section 732(b)(2) of this title;
a prohibited political activity under section 732(b)(3) of this title;
a decision of an appropriate unit of employees for collective bargaining;
an election or certification of a collective bargaining representative;
a matter appealable to the Board under the labor-management relations program under section 732(e)(2) of this title, including a labor practice prohibited under section 732(e)(1) of this title;
an action involving discrimination prohibited under section 732(f)(1) of this title;
an issue about Office personnel the Comptroller General by regulation decides the Board shall resolve; and
an action involving discrimination prohibited under section 312(e)(2) 2 of the Architect of the Capitol Human Resources Act.
The Board has no authority to issue a stay of any reduction in force action.
The Board may delegate to a member or a panel of members the authority to act under subsection (a) of this section. A decision of a member or panel under subsection (a) is deemed to be a final decision of the Board unless the Board reconsiders the decision under subsection (d) of this section.
On motion of a party or on its own initiative, the Board may reconsider a decision under subsection (a) of this section by the 30th day after the decision is made.
The Board shall prescribe regulations—
providing for officer and employee appeals consistent with sections 7701 and 7702 of title 5; and
on the operating procedure of the Board.
Source credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 103–283, title III, § 312(e)(4)(B), July 22, 1994, 108 Stat. 1446; Pub. L. 104–53, title II, § 213, Nov. 19, 1995, 109 Stat. 535.)
- 1982Enacted · Pub. L. 97-258 · 96 Stat. 901
- 1994Amended · Pub. L. 103-283 · 108 Stat. 1446
- 1995Amended · Pub. L. 104-53 · 109 Stat. 535
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.
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