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U.S. Merit Systems Protection Board
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Home
    Merit System Principles
      MSP 1 Q & A
MSP 2 Q & A
MSP 3 Q & A
MSP 4 Q & A
MSP 5 Q & A
MSP 6 Q & A
MSP 7 Q & A
MSP 8 Q & A
MSP 9 Q & A
FAQ
    Search & Site Index Merit System Principles (5 USC § 2301): Frequently Asked Questions
	What are the Merit System Principles?
  Why did Congress believe that the basic standards governing the management of the executive branch workforce should be included in statute?
  What specific role does the Merit Systems Protection Board play in ensuring adherence to the Merit System Principles?
  Can agency managers contact the Merit Systems Protection Board for advice on whether a particular planned action is consistent with the Merit System Principles or could be a prohibited personnel practice?
  What other agencies are responsible for enforcing the Merit System Principles?
  What is the first Merit System Principle?
  What is the second Merit System Principle?
  What is the third Merit System Principle?
  What is the fourth Merit System Principle?
  What is the fifth Merit System Principle?
  What is the sixth Merit System Principle?
  What is the seventh Merit System Principle?
  What is the eighth Merit System Principle?
  What is the ninth Merit System Principle?**1. What are the Merit System Principles?**
  The Merit System Principles are
  nine basic standards governing the management of the executive branch
  workforce.  The principles are part of the Civil Service Reform Act of
    1978, and can be found at 5 U.S.C. § 2301(b).
**2. Why did Congress believe that the basic standards governing the management of the executive branch workforce should be included in statute?**
  The Pendleton Act of 1883 replaced the political patronage system that had existed until that time with a
  merit-based system for filling most civil service positions.  The drafters of the Civil Service Reform Act of
    1978 believed that this
  merit-based system had broken down over the ensuing century.  Thus, they codified the merit principles and
  created a new agency, the Merit Systems Protection Board,
  as the "vigorous protector of the merit system."
**3. What specific role does the Merit Systems Protection Board play in ensuring adherence to the Merit System Principles?**
  The Merit Systems Protection Board (MSPB) is empowered to hear and
  decide complaints for corrective or disciplinary action when an agency is
  alleged to have committed a prohibited personnel practice.  5 U.S.C. §§ 1214, 1215.  It is a prohibited personnel practice to (among other
  things) take an action in violation of the Merit System Principles.  5 U.S.C. § 2302(b)(12).  In addition, Merit System Principles are
  mirrored in the list of prohibited personnel practices.  For example, Merit System Principle
  No. 9 provides that employees "should be protected against reprisal for
  the lawful disclosure" of waste, fraud, and abuse, while the list of prohibited
  personnel practices also prohibits reprisal for such disclosures.  5 U.S.C.
    § 2302(b)(8).
The MSPB
  also conducts studies of the civil service, and reports to the President and
  Congress on the extent to which the federal workforce is free of prohibited
  personnel practices.  5 U.S.C. § 1204(a)(3). A recently released report, The Merit System Principles: Guiding the Fair and Effective Management of the Federal Workforce (2016), summarizes how well Federal agencies are perceived to be supporting the MSPs; evaluates the extent and effectiveness of agency education on the MSPs; recommends steps to improve MSP education and adherence; and provides guidance and resources to facilitate greater understanding of the MSPs.
**4. Can agency managers contact the Merit Systems Protection Board for advice on whether a particular planned action is consistent with the Merit System Principles or could be a Prohibited Personnel Practice?**
  The Merit Systems Protection Board (MSPB) speaks primarily through
  its decisions and its studies.  The MSPB provides information about its decisions, studies, and
  procedures to groups through its outreach and education program.  The MSPB is not permitted to issue advisory
  opinions.  5 U.S.C. § 1204(h).
5. What other agencies are responsible for enforcing the Merit
  System Principles?
  The Civil Service Reform Act of
    1978 requires the Office of Personnel Management (OPM) to
  "hold[] managers and human resources officials accountable for efficient and
  effective human resources management in support of agency missions in
  accordance with Merit System Principles."  5 U.S.C. § 1103(c)(2)(F).  To carry out this responsibility OPM has
  established an Office of Merit System Accountability and Compliance. 
  The Office of Special Counsel (OSC) investigates allegations that
  an agency has committed a prohibited personnel practice,
  and may seek disciplinary or corrective action for a prohibited personnel
  practice before the MSPB.  5 U.S.C. §§ 1214, 1215.  It is a prohibited personnel practice to take
  a personnel action in violation of the Merit System Principles. 5 U.S.C. § 2302(b)(12).  As stated above, other Merit System Principles are mirrored in
  the list of prohibited personnel practices within
  OSC's jurisdiction. 
  The Equal Employment Opportunity Commission makes the final
  administrative decision on claims that an agency has committed unlawful
  employment discrimination.  5 C.F.R. Part 1614.  Such discrimination is inconsistent with the
  first and second Merit System Principles.


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