U.S.
Merit Systems Protection Board

Information
Sheet No. 1

Jurisdiction



#### Purpose

The purpose of this information sheet is to provide general guidance
and background information. It does not represent an official
statement approved by the Board itself, and is not intended to
provide legal counsel or to be cited as legal authority. Instead, it
is intended only to help the public become familiar with the MSPB and
its procedures. In all instances, however, the Board’s
regulations and current case law control with respect to the matters
discussed here.



#### Original Jurisdiction

1. Actions brought by the Special Counsel under 5 U.S.C. §§ 1214,
	1215,
	and 1216;
2. Requests for informal hearings by persons removed from the Senior
	Executive Service for performance deficiencies;
3. Actions taken against administrative law judges under 5
	U.S.C. § 7521.

#### Appellate Jurisdiction

1. Reduction in grade or removal for unacceptable performance (5
	C.F.R. part 432; 5
	U.S.C. § 4303(e));
2. Reconsideration decision sustaining a negative determination of
	competence for a general schedule employee (5
	C.F.R. § 531.410; 5
	U.S.C. § 5335(c));
3. Removal, reduction in grade or pay, suspension for more than 14
	days, or furlough for 30 days or less for cause that will promote
	the efficiency of the service. (5 C.F.R. part 752, subparts C and D;
	5
	U.S.C. § 7511-7514);
4. Removal, or suspension for more than 14 days, of a career appointee
	in the Senior Executive Service (5 C.F.R. Part
	752, subparts E and F; 5
	U.S.C. §§ 7541-7543);
5. Reduction-in-force action affecting a career appointee in the Senior
	Executive Service (5
	U.S.C. § 3595);
6. Determinations affecting the rights or interests of an individual or
	of the United States under the Civil Service Retirement System or
	the Federal Employees’ Retirement System (5 C.F.R. parts 831,
	839,
	842,
	844,
	and 846;
	5
	U.S.C. §§ 8347(d)(1)-(2) and 8461(e)(1);
	and 5
	U.S.C. § 8331 note, Federal Erroneous Retirement Coverage
	Corrections Act);
7. Negative suitability determination (5
	C.F.R. § 731.501);
8. Termination of employment during probation or the first year of a
	Veterans Recruitment Appointment when; (1) the employee alleges
	discrimination based on partisan political reasons or marital
	status; or (2) the termination was based on conditions arising
	before appointment and the employee alleges that the action is
	procedurally improper (5
	C.F.R. § 315.806, 38
	U.S.C. § 4214(b)(1)(E));
9. Termination of appointment during a managerial or supervisory
	probationary period when the employee alleges discrimination because
	of partisan political affiliation or marital status (5
	C.F.R. § 315.908(b));
10. Separation, demotion, or furlough for more than 30 days, when the
	action was effected because of a reduction in force (5
	C.F.R. § 351.901);
11. Furlough of a career appointee in the Senior Executive Service (5
	C.F.R. § 359.805);
12. Failure to restore to duty from Uniformed Service or compensable
	injury (5 C.F.R. Part
	353);
13. Employment of another applicant when the person who wishes to appeal
	to the Board is entitled to priority employment consideration after
	a reduction-in-force action, or after partial or full recovery from
	a compensable in jury (5 C.F.R. §§ 302.501,
	330.209);
14. Failure to reinstate a former employee after service under the
	Foreign Assistance Act of 1961 (5 C.F.R. § 352.508);
15. Failure to re-employ a former employee after movement between
	executive agencies during an emergency (5
	C.F.R. § 352.209);
16. Failure to re-employ a former employee after detail or transfer to
	an international organization (5
	C.F.R. § 352.313);
17. Failure to re-employ a former employee after service under the
	Indian Self-Determination Act (5
	C.F.R. § 352.707);
18. Failure to re-employ a former employee after service under the
	Taiwan Relations act (5
	C.F.R. § 352.807);
19. Employment practices administered by the Office of Personnel
	Management to examine and evaluate the qualifications of applicants
	for appointment in the competitive service (5
	C.F.R. § 300.104);
20. Reduction-in-force actions affecting a career or career candidate
	appointee in the Foreign Service (22
	U.S.C. § 4010a);
21. Appeals under the Uniformed Services Employment and Reemployment
	Rights Act (codified at 38 U.S.C.
	§§ 4301-4333);
22. Appeals under the Veterans Employment Opportunities Act (38
	U.S.C. § 4324); and
23. Appeals involving an
	allegation that the action was based on the appellant’s
	“whistleblowing” (5
	U.S.C. §§ 2302(b)(8), 1221(a)).