C.F.R. » Title 5 » CHAPTER II—MERIT SYSTEMS PROTECTION BOARD › SUBCHAPTER A—ORGANIZATION AND PROCEDURES › PART 1209—PRACTICES AND PROCEDURES FOR APPEALS AND STAY REQUESTS OF PERSONNEL ACTIONS ALLEGEDLY BASED ON WHISTLEBLOWING OR OTHER PROTECTED ACTIVITY › Subpart A—Jurisdiction and Definitions

5 C.F.R. § 1209.3

Application of 5 CFR part 1201

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Except as expressly provided in this part, the Board will apply subparts A, B, C, E, F, and G of 5 CFR part 1201 to appeals and stay requests governed by this part. The Board will apply the provisions of subpart H of part 1201 regarding awards of attorney fees, compensatory damages, and consequential damages under 5 U.S.C. 1221(g) to appeals governed by this part.

[78 FR 39547, July 2, 2013]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2023–2023 · leading case: John Reyes v. Dep't of Transp. (MSPB 2023).
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John Reyes v. Dep't of Transp. (MSPB 2023). “5 C.F.R. § 1209.3 ; see Pry, 59 M.S.P.R. at 442-43.”
Ira Essoe v. Dep't of the Army (MSPB 2023). “Because OSC’s written notification was issued on December 7, 2017, IAF, Tab 5 at 2-3, the appellant’s IRA appeal had to be filed by February 12, 2018, 5 C.F.R. §§ 1209.3 , 1201.4(i). Therefore, the appeal, filed on February 11, 2018, was, in fact, timely.”
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