§ 753. Duties and powers

704 words·~3 min read·/usc/title-31/section-753

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(a)The General Accounting Office Personnel Appeals Board 1 may consider and order corrective or disciplinary action in a case arising from—

(1)an officer or employee appeal about a removal, suspension for more than 14 days, reduction in grade or pay, or furlough of not more than 30 days;

(2)a prohibited personnel practice under section 732(b)(2) of this title;

(3)a prohibited political activity under section 732(b)(3) of this title;

(4)a decision of an appropriate unit of employees for collective bargaining;

(5)an election or certification of a collective bargaining representative;

(6)a matter appealable to the Board under the labor-management relations program under section 732(e)(2) of this title, including a labor practice prohibited under section 732(e)(1) of this title;

(7)an action involving discrimination prohibited under section 732(f)(1) of this title;

(8)an issue about Office personnel the Comptroller General by regulation decides the Board shall resolve; and

(9)an action involving discrimination prohibited under section 312(e)(2) 2 of the Architect of the Capitol Human Resources Act.

(b)The Board has no authority to issue a stay of any reduction in force action.

(c)The Board may delegate to a member or a panel of members the authority to act under subsection

(a)of this section. A decision of a member or panel under subsection

(a)is deemed to be a final decision of the Board unless the Board reconsiders the decision under subsection

(d)of this section.

(d)On motion of a party or on its own initiative, the Board may reconsider a decision under subsection

(a)of this section by the 30th day after the decision is made.

(e)The Board shall prescribe regulations—

(1)providing for officer and employee appeals consistent with sections 7701 and 7702 of title 5; and

(2)on the operating procedure of the Board.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 103–283, title III, § 312(e)(4)(B), July 22, 1994, 108 Stat. 1446; Pub. L. 104–53, title II, § 213, Nov. 19, 1995, 109 Stat. 535.)

In the section, the words “officer or” are added for consistency in the revised title and with other titles of the United States Code.

In subsection (a), before clause (1), the words “decide” and “(where appropriate)” are omitted as surplus. In clause (6), the words “relations program” are substituted for “system” for consistency. In clause (8), the words “most appropriately” are omitted as surplus.

In subsection (b), the words “delegate . . . to act” are substituted for “designate . . . to take any action which the Board is authorized to take” for consistency and to eliminate unnecessary words. The words “individual” and “reopened and” are omitted as surplus.

In subsection (c), the words “reopen and” are omitted as surplus.

In subsection (d)(1), the words “the principles of” are omitted as surplus.

Connections23 cite this · traces to 5