The Merit Systems
Protection Board is the legacy of the efforts of President Theodore
Roosevelt. In 1889, under the administration of President
Benjamin Harrison, Roosevelt served as a civil-service commissioner.
He worked to eliminate the practice of awarding Federal jobs
under the "spoils system" and championed the concept that
Federal job selection and promotion are to be based on individual
merit. |
About MSPB
The U.S. Merit Systems Protection Board is an independent, quasi-judicial
agency in the Executive branch that serves as the guardian of Federal
merit systems. The Board was established by Reorganization Plan No.
2 of 1978, which was codified by the Civil Service Reform Act of 1978
(CSRA), Public Law No. 95-454. The CSRA, which became effective January
11, 1979, replaced the Civil Service Commission with three new independent
agencies: Office of Personnel Management (OPM), which manages the Federal
work force; Federal Labor Relations Authority (FLRA), which oversees
Federal labor-management relations; and, the Board.
The Board assumed the employee appeals function of the Civil Service
Commission and was given new responsibilities to perform merit systems
studies and to review the significant actions of OPM. The CSRA also
created the Office of Special Counsel (OSC) which investigates allegations
of prohibited personnel practices, prosecutes violators of civil service
rules and regulations, and enforces the Hatch Act. Although originally
established as an office of the Board, the OSC now functions independently
as a prosecutor of cases before the Board. (In July 1989, the Office
of Special Counsel became an independent Executive branch agency.)
For an explanation of your rights as a Federal employee, and for an
in-depth review of the Board's jurisdiction and adjudication process,
please review the MSPB publication, An
Introduction to the MSPB.
The Board's mission is to ensure that Federal employees are protected
against abuses by agency management, that Executive Branch agencies
make employment decisions in accordance with the merit systems principles,
and that Federal merit systems are kept free of prohibited personnel
practices. The Board accomplishes its mission by:
- Adjudicating employee appeals of personnel actions over which the Board has jurisdiction, such as removals, suspensions, furloughs, and demotions;
- Adjudicating appeals of administrative decisions affecting an individual's rights or benefits under the Civil Service Retirement System or the Federal Employees' Retirement System;
- Adjudicating employee complaints filed under the Whistleblower Protection Act, the Uniformed Services Employment and Reemployment Rights Act, and the Veterans Employment Opportunities Act;
- Adjudicating cases brought by the Special Counsel, principally complaints of prohibited personnel practices and Hatch Act violations;
- Adjudicating requests to review regulations of the Office of Personnel Management that are alleged to require or result in the commission of a prohibited personnel practice-or reviewing such regulations on the Board's own motion;
- Ordering compliance with final Board orders where appropriate; and
- Conducting studies of the Federal civil service and other merit systems in the Executive Branch to determine whether they are free from prohibited personnel practices.
What
We Do Not Do
The Board does not:
-
Hear and
decide discrimination complaints except when allegations of discrimination
are raised in appeals from agency personnel actions brought before
Board. That responsibility belongs to the Equal Employment Opportunity
Commission (EEOC).
-
Negotiate
and resolve disputes, unfair labor practice complaints, and exceptions
to arbitration awards. That responsibility belongs to the Federal
Labor Relations Authority (FLRA).
-
Provide advice
on employment, examinations, staffing, retirement, and benefits.
That responsibility belongs to the Office of Personnel Management
(OPM).
-
Investigate
allegations of activities prohibited by civil service laws, rules,
or regulations. That responsibility belongs to the Office of Special
Counsel (OSC).
- Have jurisdiction over non-Federal
appeals from private industry, local, city, county, or state employees.
Links
to other Federal Employment Law Web Sites
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