U.S. Code » Title 5 » Part PART II— CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES › Chapter CHAPTER 12— MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION › Subchapter SUBCHAPTER I— MERIT SYSTEMS PROTECTION BOARD

5 U.S.C. § 1203

Chairman; Vice Chairman

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(a) The President shall from time to time appoint, by and with the advice and consent of the Senate, one of the members of the Merit Systems Protection Board as the Chairman of the Board. The Chairman is the chief executive and administrative officer of the Board.(b) The President shall from time to time designate one of the members of the Board as Vice Chairman of the Board. During the absence or disability of the Chairman, or when the office of Chairman is vacant, the Vice Chairman shall perform the functions vested in the Chairman.(c) During the absence or disability of both the Chairman and the Vice Chairman, or when the offices of Chairman and Vice Chairman are vacant, the remaining Board member shall perform the functions vested in the Chairman.(Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122; amended Pub. L. 101–12, § 3(a)(4), (5), Apr. 10, 1989, 103 Stat. 17.)Editorial NotesAmendments

1989—Subsec. (a). Pub. L. 101–12, § 3(a)(4), struck out the comma after “time” in first sentence.

Subsec. (c). Pub. L. 101–12, § 3(a)(5), substituted “the Chairman and the Vice Chairman” for “the Chairman and Vice Chairman” after “both”.

Statutory Notes and Related SubsidiariesEffective Date of 1989 Amendment

Amendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Gwynne A. Wilcox v. Donald J. Trump (D.C. Cir. 2025).
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Gwynne A. Wilcox v. Donald J. Trump (D.C. Cir. 2025). “§ 153 (a) (NLRB), and by choosing their chairpersons, see 5 U.S.C. § 1203 (a) (MSPB); 33 29 U.S.C. § 153 (a) (NLRB); see also Humphrey’s, 295 U.”
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