(a) Appellate jurisdiction. Any party may petition the Board for enforcement of a final decision or order issued under the Board's appellate jurisdiction, or for enforcement of the terms of a settlement agreement that has been entered into the record for the purpose of enforcement in an order or decision under the Board's appellate jurisdiction. The petition must be filed promptly with the regional or field office that issued the initial decision, or with the Office of the Clerk of the Board if the party is requesting enforcement of a final Board decision or order that was issued pursuant to § 1201.155; a copy of it must be served on the other party and that party's representative; and it must describe specifically the reasons the petitioning party believes there is noncompliance. The petition also must include the date and results of any communications regarding compliance. Any petition for enforcement that is filed more than 30 days after the date of service of the agency's notice that it has complied must contain a statement and evidence showing good cause for the delay and a request for an extension of time for filing the petition.
(b) Original jurisdiction. Any party seeking enforcement of a final Board decision or order issued under its original jurisdiction or enforcement of the terms of settlement agreement entered into the record for the purpose of enforcement in an order or decision issued under its original jurisdiction must file a petition for enforcement with the Clerk of the Board and must serve a copy of that petition on the other party or that party's representative. The petition must describe specifically the reasons why the petitioning party believes there is noncompliance.
(c) Petition by an employee other than a party. (1) Under 5 U.S.C. 1204(e)(2)(B), any employee who is aggrieved by the failure of any other employee to comply with an order of the Board may petition the Board for enforcement. Except for a petition filed under paragraph (c)(2) or (c)(3) of this section, the Board will entertain a petition for enforcement from an aggrieved employee who is not a party only if the employee seeks and is granted party status as a permissive intervenor under § 1201.34(c) of this part. The employee must file a motion to intervene at the time of filing the petition for enforcement. The petition for enforcement must describe specifically why the petitioner believes there is noncompliance and in what way the petitioner is aggrieved by the noncompliance. The motion to intervene will be considered in accordance with § 1201.34(c) of this part.
(2) Under § 1201.33(c) of this part, a nonparty witness who has obtained an order from a judge that his or her employing agency provide the witness with official time may petition the Board for enforcement of the order.
(3) Under § 1201.37(e) of this part, a nonparty witness who has obtained an order requiring the payment of witness fees and travel costs may petition the Board for enforcement of the order.
(4) Under § 1201.55(d) of this part, a nonparty witness or other individual who has obtained a protective order from a judge during the course of a Board proceeding for protection from harassment may petition the Board for enforcement of the order.
(5) A petition for enforcement under paragraph (c)(1), (c)(2), (c)(3) or (c)(4) of this section must be filed promptly with the regional or field office that issued the order or, if the order was issued by the Board, with the Clerk of the Board. The petitioner must serve a copy of the petition on each party or the party's representative. If the petition is filed under paragraph (c)(1) of this section, the motion to intervene must be filed and served with the petition.
[54 FR 53504, Dec. 29, 1989, as amended at 59 FR 65235, Dec. 19, 1994; 62 FR 48935, Sept. 18, 1997; 73 FR 6834, Feb. 6, 2008; 77 FR 62371, Oct. 12, 2012; 89 FR 72964, Sept. 9, 2024]
Notes of Decisions
Marguerite Pridgen v. Off. of Mgmt. & Budget, 2022 MSPB 31 (MSPB 2022).
“5 C.F.R. § 1201.182 (a). ¶81 For agencies whose payroll is administered by either the National Finance Center of the Department of Agriculture (NFC) or the Defense Finance and Accounting Service (DFAS), two lists of the information and documentation necessary to process payments…”
Garilynn Smith v. Dep't of the Army, 2022 MSPB 4 (MSPB 2022).
· cites it 2× “11 , ¶ 7 (2015); 5 C.F.R. § 1201.182 (a)-(b). 4 We have reviewed the relevant legislation enacted during the pendency of this appeal and have concluded that it does not affect the outcome of the appeal.”
Arnold Wilson v. Dep't of Vets. Affairs, 2022 MSPB 7 (MSPB 2022).
“5 C.F.R. § 1201.182 (a). ¶75 For agencies whose payroll is administered by either the National Finance Center of the Department of Agriculture (NFC) or the Defense Finance and Accounting Service (DFAS), two lists of the information and documentation necessary to process payments…”
Randall Desjardin v. U.S. Postal Serv., 2023 MSPB 6 (MSPB 2023).
“5 C.F.R. § 1201.182 (a). ¶39 For agencies whose payroll is administered by either the National Finance Center of the Department of Agriculture (NFC) or the Defense Finance and Accounting Service (DFAS), two lists of the information and documentation necessary to process payments…”
Janice Perry v. Dep't of the Army, 992 F.2d 1575 (Fed. Cir. 1993).
· cites it 3× “A party may then petition the board for enforcement of such a settlement agreement under 5 C.F.R. § 1201.182 . See Richardson v. Environmental Protection Agency, 5 MSPB 289, 5 M.”
Aimee Karnes v. Dep't of Just., 2023 MSPB 12 (MSPB 2023).
“5 C.F.R. § 1201.182 (a). ¶43 For agencies whose payroll is administered by either the National Finance Center of the Department of Agriculture (NFC) or the Defense Finance and 20 Accounting Service (DFAS), two lists of the information and documentation necessary to process…”
Cory Owens v. Dep't of Homeland Sec., 2023 MSPB 7 (MSPB 2023).
· cites it 2× “5 C.F.R. § 1201.182 (a). Board regulations do, however, allow an appellant to challenge an agency’s certification that it has provided interim relief.”
Calvin Chin v. Dep't of Def., 2022 MSPB 34 (MSPB 2022).
“5 C.F.R. § 1201.182 (a). ¶38 For agencies whose payroll is administered by either the National Finance Center of the Department of Agriculture (NFC) or the Defense Finance and Accounting Service (DFAS), two lists of the information and documentation necessary to process payments…”
Cynthia A. Guillebeau v. Dep't of the Navy, 362 F.3d 1329 (Fed. Cir. 2004).
“Granting the remedy of dismissal is not mandatory, and, even if *1334 the Board believed that the agency’s action violated the order, it could appropriately conclude that the employee should have pursued another remedy, such as an enforcement action after the Final Order…”
Stephen J. Kasarsky v. Merit Sys. Prot. Bd., 296 F.3d 1331 (Fed. Cir. 2002).
“See 5 C.F.R. § 1201.182 (a) (2001). Under that regulation, a petition alleging a breach of a final decision “must be filed promptly” and “must describe specifically the reasons the petitioning party believes there is noncompliance.”
Daniel Moncada v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 25 (MSPB 2022).
“5 C.F.R. § 1201.182 (a). ¶45 For agencies whose payroll is administered by either the National Finance Center of the Department of Agriculture (NFC) or the Defense Finance and Accounting Service (DFAS), two lists of the information and documentation necessary to process payments…”
Kenneth Johnson v. Dep't of Vets. Affairs, 2023 MSPB 9 (MSPB 2023).
“5 C.F.R. § 1201.182 (a). ¶15 For agencies whose payroll is administered by either the National Finance Center of the Department of Agriculture (NFC) or the Defense Finance and Accounting Service (DFAS), two lists of the information and document ation necessary to process…”
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