[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9089-9090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5244]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 46 / Thursday, March 7, 1996 / Rules
and Regulations
[[Page 9089]]
GENERAL ACCOUNTING OFFICE
4 CFR Part 28
Personnel Appeals Board; Procedural Regulations
AGENCY: General Accounting Office Personnel Appeals Board.
ACTION: Interim rule with request for comments.
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SUMMARY: The Personnel Appeals Board (PAB) has authority with respect
to employment practices within the General Accounting Office (GAO or
the agency), pursuant to the General Accounting Office Personnel Act of
1980 (GAOPA), 31 U.S.C. 751-755. The PAB's jurisdiction includes
authority over appeals from Reduction in Force (RIF) actions taken by
the agency. The GAO has recently revised Order 2351.1, Reduction in
Force, applicable to GAO employees. The Personnel Appeals Board hereby
amends its regulations to provide employees who are separated from
employment as a result of a RIF action with the option of appealing
directly to the PAB without first filing a charge with the Board's
Office of General Counsel (PAB/OGC), as prescribed in Sec. 28.11 of
this part, and obtaining a Right to Appeal Letter. This change is
designed to expedite the appeal process, at the employee's option, in
situations in which the RIF action results in separation from
employment. Because of the need to have procedures in place in the
event of agency implementation of the Reduction in Force Order, these
revisions are being made effective immediately, on an interim basis.
The Board is, however, very interested in receiving comments from the
public before it finalizes these regulations.
DATES: These interim regulations are effective March 7, 1996. Comments
on these regulations must be received by the Board on or before May 31,
1996.
ADDRESSES: Comments should be addressed to Sarah Hollis, Acting Clerk
of the Board, General Accounting Office Personnel Appeals Board, Suite
560, Union Center Plaza II, 441 G Street NW., Washington, DC 20548.
FOR FURTHER INFORMATION CONTACT: Catherine McNamara, Solicitor,
Personnel Appeals Board, 202-512-6137.
SUPPLEMENTARY INFORMATION: The Board has jurisdiction to hear cases
brought either through the PAB's Office of General Counsel or directly
to the Board. Pursuant to its authority under 31 U.S.C. 753(d), the
Board has long had published regulations which define the role of the
Office of General Counsel and the procedures to be followed in pursuing
an appeal before the Board. See 4 CFR Part 28. Under regulations
currently in effect, an individual must first obtain a Right to Appeal
Letter from the PAB's Office of General Counsel before filing with the
Board. See 4 CFR 28.18(a). The regulations authorize the Board or an
administrative judge to waive a Board regulation in an individual case
for good cause shown, consistent with the requirements of the GAOPA. 4
CFR 28.16(b).
The new regulations set forth in Part 28 below provide the
procedures to enable an individual whose employment has been terminated
as a result of a Reduction in Force to choose between pursuing his or
her rights through the Office of General Counsel of the Board or more
directly, through appeal to the Board itself. By allowing an employee
who has been separated from employment because of a RIF to bypass the
General Counsel's office, the proposed regulatory change would, at
petitioner's option, shorten the time between the RIF-based separation
and any hearing before the Board. Under the new provisions, such an
individual may challenge a separation based upon a Reduction in Force
by filing an appeal directly with the Clerk of the Board within 30 days
after the effective date of the Reduction in Force action.
Because the Board needs to have procedures in place to address any
charge that may be filed as a result of an action taken pursuant to the
new RIF rules of the agency, these regulations are being made effective
immediately, on an interim basis. At the same time, however, the Board
is soliciting comments on the regulations. These comments will be
considered fully before final regulations are adopted.
The provisions governing the procedures for an individual separated
because of a RIF action who prefers to pursue his or her rights through
the PAB's Office of General Counsel remain unaltered. In that event,
the PAB/OGC conducts an investigation. If it concludes that there are
reasonable grounds to believe that the employee's rights have been
violated, the PAB/OGC will represent the individual before the Board,
unless the individual elects not to be represented by the Office of
General Counsel. 4 CFR 28.12(d). If the PAB/OGC does not find
reasonable grounds to believe that the employee's rights have been
violated, the employee may still pursue the matter before the Board on
his or her own or with private counsel, after receiving a Right to
Appeal Letter from the PAB/OGC. 4 CFR 28.18(a).
List of Subjects in 4 CFR Part 28
Administrative practice and procedure, Government employees, Labor-
management relations, Reduction in force.
For the reasons set out in the preamble, Title 4, Chapter I,
Subchapter B, Code of Federal Regulations, is amended as follows:
PART 28--GENERAL ACCOUNTING OFFICE PERSONNEL APPEALS BOARD;
PROCEDURES APPLICABLE TO CLAIMS CONCERNING EMPLOYMENT PRACTICES AT
THE GENERAL ACCOUNTING OFFICE
1. The authority citation for Part 28 continues to read as follows:
Authority: 31 U.S.C. 753.
2. A new Sec. 28.13 is added to read as follows:
Sec. 28.13 Special procedure for Reduction in Force.
In the event of a Reduction in Force resulting in an individual's
separation from employment, an aggrieved employee may choose to file an
appeal directly with the Personnel Appeals Board, without first filing
the charge with the PAB's Office of General Counsel pursuant to
Sec. 28.11 of this part.
3. Section 28.18, paragraphs (a) and (b), are revised to read as
follows:
[[Page 9090]]
Sec. 28.18 Filing a petition for review with the Board.
(a) Who may file. Any person who has received a Right to Appeal
Letter from the Office of General Counsel and who is claiming to be
affected adversely by GAO action or inaction which is within the
Board's jurisdiction under Subchapter IV of Chapter 7 of Title 31,
United States Code, may file a petition for review. A petition for
review may also be filed by any person who has received a Right to
Appeal Letter from the Office of General Counsel and who is alleging
that the GAO or a labor organization engaged or is engaging in an
unfair labor practice. A person whose employment was terminated as a
result of a Reduction in Force may choose to file an appeal of that
action directly with the Personnel Appeals Board, without first filing
with the Board's Office of General Counsel.
(b) When to file. Petitions for review must be filed within 30 days
after service upon the charging party of the Right to Appeal Letter
from the Office of General Counsel. In the case of a person whose
action involves a challenge to a separation based upon a Reduction in
Force, and who chooses to bypass the Office of General Counsel of the
Board, the appeal must be filed with the Clerk of the Board within 30
days after the effective date of the RIF action.
* * * * *
Nancy A. McBride,
Chair, Personnel Appeals Board, U.S. General Accounting Office.
[FR Doc. 96-5244 Filed 3-6-96; 8:45 am]
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