Page:United States Statutes at Large Volume 94 Part 1.djvu/81

 PUBLIC LAW 96-191—FEB. 15, 1980 more than fourteen days, reduction in grade, reduction in pay, or furlough of thirty days or less; (2) prohibited personnel practices referred to in section 3(b)(1)(B); (3) prohibited political activities referred to in section 3(b)(1)(C) of this Act; (4) determinations of appropriate units of employees for collective bargaining; (5) elections and certifications of collective bargaining representatives; (6) any labor practice prohibited under the labor-management system established under section 3(e) and any other matter appealable to the Board under that system; (7) actions involving discrimination prohibited under section 3(g); and (8) any other issue relating to the personnel of the General Accounting Office which the Comptroller General, by regulation, determines is most appropriately resolved by the Board. (i) The Comptroller General shall promptly implement any corrective action ordered by the Board, in cases in which the Comptroller General has the authority to do so. (j) The Board shall have authority to designate a panel of its members, or an individual member, to take any action which the Board is authorized to take under subsection (h). Any decision made under subsection (h) by a panel or individual member designated under this subsection shall be considered to be a final decision of the Board unless the decision is reopened and reconsidered by the Board under subsection (k). (k) The Board may, on the motion of any party or on its own motion, reopen and reconsider any decision under subsection (h) within thirty days after the decision is rendered. (1)(1) Any fined decision of the Board (or of any panel or individual member designated under subsection 0")) under subsections (h)(1), (2), (3), (6) and (7) may be appealed to the United States Court of Appeals for the circuit in which the petitioner resides or to the United States Court of Appeals for the District of Columbia. Any appeal under this subsection shall be in accordance with the procedures of chapter 158 of title 28, United States Code. Notwithstanding any other provision of law, any petition for review of a final decision of the Board shall be filed within thirty days after the date the petitioner receives notice of the final decision of the Board. (2) In any case filed under paragraph (1), the court shall review the record and set aside any agency action, findings, or conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) obtained without procedures required by lavr, rule, or regulation having been followed; or (C) unsupported by substantial evidence, (m) The Board shall promulgate regulations— (1) providing for employee appeals, consistent with the principles of sections 7701 and 7702 of title 5, United States Code; and (2) establishing its operating procedure.

94 STAT. 31

Decisions, reconsideration. Appeal.

28 USC 2341 et seq.

Case review.

Regulations.

GAO SENIOR EXECUTIVE SERVICE; MERIT PAY SYSTEM

SEC. 5. (a)(1) The Comptroller General may promulgate regulations 31 USC 52-4. establishing a General Accounting Office Senior Executive Service (hereinafter referred to as the GAO Senior Executive Service) which—

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