94-14860. Practices and Procedures for Appeals and Stay Requests of Personnel Actions Allegedly Based on Whistleblowing

[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14860]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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MERIT SYSTEMS PROTECTION BOARD
5 CFR Part 1209
 

Practices and Procedures for Appeals and Stay Requests of 
Personnel Actions Allegedly Based on Whistleblowing 
AGENCY: Merit Systems Protection Board.

ACTION: Final rule.
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SUMMARY: The Board is amending its Practices and Procedures for Appeals 
and Stay Requests of Personnel Actions Allegedly Based on 
Whistleblowing. This amendment extends the time limit for filing an 
appeal of an agency action where the appellant first files a request 
for a stay of that action. This change will bring the filing time in 
initial whistleblower cases into line with filing times in the Board's 
appellate jurisdiction cases and will also have the effect of making 
the Board's appellate processes more accessible to Federal employees.

DATES: Effective June 17, 1994.

FOR FURTHER INFORMATION CONTACT:
Robert E. Taylor, Clerk of the Board, [phone].

SUPPLEMENTARY INFORMATION: This change came about as a result of 
Executive Order 12866, September 30, 1993, requiring agencies to insure 
that regulations are effective, consistent, sensible, and 
understandable. The Board's review found that changing the time limit 
for filing initial appeals to its regional offices would be consistent 
with the legal and regulatory time limits for filing with the Federal 
courts and the Equal Employment Opportunity Commission both of which 
can potentially review final decisions of the Board. The consistency 
created by this proposed change will help to eliminate possible 
confusion by Federal employees who file appeals with the Board.
    The Board proposed the amendments to its practices and procedures 
at 59 FR 18502, April 19, 1994, and requested comments. The Board 
received 29 comments from agency and union representatives. Twenty-two 
were in favor of or not opposed to the amendments. While some 
commenters suggested alternatives to the proposed regulations, the 
Board has considered these suggestions and determined not to adopt 
them.
    The Board has determined that this proposed regulatory action is 
not ``significant'' as defined by Executive Order 12866, and therefore, 
is not subject to review by the Office of Management and Budget.
    The Board has also determined that this proposed regulatory action 
does not have a significant impact on a substantial number of small 
entities under the Regulatory Flexibility Act (Pub. L. 96354, 94 Stat. 
1164, 5 U.S.C. 601-612).

List of Subjects in 5 CFR Part 1209

    Administrative practice and procedure, Civil rights, Government 
employees.

    Accordingly, 5 CFR part 1209 is amended as follows:

PART 1209--[AMENDED]

    1. The authority citation for part 1209 continues to read as 
follows:

    Authority: 5 U.S.C. 1204, 1221, 2302(b)(8) and 7701.


Sec. 1209.5  [Amended]

    2. Section 1209.5 is amended by removing the number ``20'' in 
paragraph (c); and by adding in its place the number ``30''.

    Dated: June 14, 1994.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 94-14860 Filed 6-16-94; 8:45 am]
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