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
Notwithstanding any other provision of law or any rule, regulation or policy directive, any member of the Board, or any employee of the Board designated by the Board, may transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and views on functions, responsibilities, or other matters relating to the Board, without review, clearance, or approval by any other administrative authority.
Notes of Decisions
Bush v. Lucas, 462 U.S. 367 (1983).
· cites it 2× “5 U. S. C. §§ 1205 , 7543(d), 7701 (1982 ed.”
United States v. Fausto, 484 U.S. 439 (1988).
· cites it 2× “The second structural element is the primacy of the MSPB for administrative resolution of disputes over adverse personnel action, 5 U. S. C. §§ 1205 , 4303(e), 7513(d), 7701 (1982 ed.”
Celia A. Wren v. Merit Sys. Prot. Bd., 681 F.2d 867 (D.C. Cir. 1982).
· cites it 2× “§ 1206 (c)(1)(A); and once such matters have been brought to the Board, it rather than the OSC has power to take “final agency action,” 5 U.S.C. § 1205 (a)(1); therefore the Board’s jurisdiction over worthy whistleblower cases will be undermined if petitions to the OSC are not…”
Despina Spirides v. John E. Reinhardt, 613 F.2d 826 (D.C. Cir. 1979).
· cites it 2× “Webb, 17 an individual must satisfy all subsections of 5 U.S.C. § 1205 (a) “to be deemed an employee within the meaning of the Civil Service laws.”
Betty Martin v. Off. of Special Couns., 819 F.2d 1181 (D.C. Cir. 1987).
· cites it 2× “5 U.S.C. § 1205 (b)(1) (1982). The functions of this sort of quasi-judicial tribunal track those of the civil courts.”
William S. Barnhart v. Donald Devine, 771 F.2d 1515 (D.C. Cir. 1985).
· cites it 3× “Fisher), reprinted in Legislative History, supra note 5, at 1120; see also 5 U.S.C. § 1205 (e)(1) (1982). If the MSPB finds the rule or regulation to be in violation of merit system principles, the Board can invalidate it.”
John G. Hagmeyer v. Dep't of the Treasury, 852 F.2d 531 (Fed. Cir. 1988).
· cites it 3× “The MSPB principally contends, however, that two of the types of rulings at issue — timeliness and jurisdiction — are made under its general enabling statute, 5 U.S.C. § 1205 (1982), to decide all matters within its purview, and not under its appellate jurisdiction set forth in…”
Gonzalez v. Dep't of Transp., 551 F.3d 1372 (Fed. Cir. 2009).
· cites it 2× “This court vacated, reading § 1204 (originally numbered 5 U.S.C. § 1205 ) as “a broad grant of enforcement power.”
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