95-23067. Opportunity to File Amicus Briefs in Cases Involving Possible Furlough of Administrative Law Judges
[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Notices]
[Page 48169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23067]
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MERIT SYSTEMS PROTECTION BOARD
Opportunity to File Amicus Briefs in Cases Involving Possible
Furlough of Administrative Law Judges
AGENCY: Merit Systems Protection Board.
ACTION: The Merit Systems Protection Board is providing an opportunity
for interested parties to submit amicus briefs in a number of pending
cases filed pursuant to 5 U.S.C. Sec. 7521 and 5 CFR 1201.131.
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SUMMARY: The Merit Systems Protection Board currently has seven pending
complaints filed by separate agencies pursuant to 5 U.S.C. Sec. 7521
and 5 CFR 1201.131. The basic premise of each complaint is that there
is a possibility that Congress may not enact an appropriation or
continuing resolution for fiscal year 1996 on or before October 1,
1995, and that the resulting lapse in funding would necessitate the
furlough of all agency employees, including administrative law judges.
Therefore, the agencies are requesting that the Board make a finding
that there is good cause for the imposition of a furlough action
against each agency's administrative law judges.
The Board also has a complaint filed by the National Labor
Relations Board seeking permission to furlough its administrative law
judges. The NLRB states in its filing that it anticipates its fiscal
year 1996 budget will be insufficient to cover its present rate of
spending, and that the furlough of its administrative law judges will
thus be necessary to avoid deficit spending.
The Board has issued orders in each of the eight cases noting that
there is a question whether the procedure provided for by 5 U.S.C.
Sec. 7521 is intended to cover the situations described in the
agencies' complaints. Specifically, the Board has determined that there
is a question whether a furlough which seven agencies allege would be
necessitated by a lapse in funding caused by the failure of Congress to
enact an appropriation or continuing resolution is the type of
personnel action to which the protections of 5 U.S.C. Sec. 7521 need by
applied. In the case of the NLRB, the Board has determined that there
is a question whether a furlough allegedly necessitated by a cut by
Congress in the agency's appropriation is an action to which the
protections of 5 U.S.C. Sec. 7521 may be applied. In Horner v.
Andrzjewski, 811 F.2d 571 (Fed. Cir. 1987), which involved furloughs
under a similar statute, 5 U.S.C. Sec. 7513, the court recognized that
not all furloughs are within the Board's jurisdiction. The court stated
that where a furlough action is taken ``because an agency has no choice
* * * it can reasonably be said that an agency did not `take an action'
covered by Chapter 75.'' Id. at 576.
In considering these questions, the Board is concerned with the
possibility that the provisions of the Antideficiency Act (31 U.S.C.
Secs. 1341, 1350) may be violated by any action the Board might take in
declining to authorize an agency the right to furlough administrative
law judges due to a lapse in funding caused by the failure to enact
appropriation bills or a continuing resolution, or by Congress' failure
to fund an agency at current budget levels. The Board is inviting any
interested party to submit amicus briefs addressing these
jurisdictional issues.
DATES: All briefs submitted in response to this notice shall be filed
with the Clerk of the Board on or before September 22, 1995.
ADDRESSES: All briefs shall be captioned ``Administrative Law Judge
Furlough Appeals'' and entitled ``Amicus Brief.'' Only one copy of the
brief need be submitted. Briefs should be filed with the Office of the
Clerk, Merit Systems Protection Board, 1120 Vermont Avenue NW.,
Washington, DC 20419.
FOR FURTHER INFORMATION CONTACT:
Shannon McCarthy, Deputy Clerk of the Board, or Matthew Shannon,
Counsel to the Clerk, (202) 653-7200.
Dated: September 13, 1995.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 95-23067 Filed 9-15-95; 8:45 am]
BILLING CODE 7400-1-M
Document Information
- Published:
- 09/18/1995
- Department:
- Merit Systems Protection Board
- Entry Type:
- Notice
- Action:
- The Merit Systems Protection Board is providing an opportunity for interested parties to submit amicus briefs in a number of pending cases filed pursuant to 5 U.S.C. Sec. 7521 and 5 CFR 1201.131.
- Document Number:
- 95-23067
- Dates:
- All briefs submitted in response to this notice shall be filed with the Clerk of the Board on or before September 22, 1995.
- Pages:
- 48169-48169 (1 pages)
- PDF File:
-
95-23067.pdf