MSPB Sample Clauses

The MSPB clause refers to provisions related to the Merit Systems Protection Board, a federal agency that protects the rights of government employees. This clause typically outlines procedures for employees to appeal adverse personnel actions, such as removals, suspensions, or demotions, to the MSPB. It specifies the rights of employees to due process, the timelines for filing appeals, and the standards for review. The core function of this clause is to ensure that federal employees have a fair and impartial avenue to challenge employment decisions, thereby promoting accountability and protecting against unjust personnel actions.
MSPB. An appeal to the Merit Systems Protection Board (MSPB) where an action is otherwise appealable to the Board and the employee alleges that the basis for the action was discrimination prohibited by Section A.
MSPB. Merit Systems Protection Board.
MSPB. Merit Systems Protection Board, an independent, quasi-judicial Federal administrative agency created by the Civil Service Reform Act of 1978 (P.L. 95-454). The MSPB, through its regional offices, adjudicates adverse action appeals. Members
MSPB. 1. Shall adhere to all 8(a) BD Program requirements identified in FAR 19.8 and 13 CFR § Part 124; 2. Shall determine which requirements are suitable for offering to the 8(a) BD Program in accordance with FAR 19.8 and 13 CFR § Part 124, and, where appropriate, identify in conjunction with the appropriate SBA servicing District Office, 8(a) Program Participants capable of performing these requirements; 3. Shall submit offering letters to the SBA per FAR 19.8, 13 CFR § 124.502 and this PA; 4. Shall submit release requests to the SBA per FAR 19.8, 13 CFR § 124.504(d) and this PA; 5. Shall notify the SBA servicing District Office and the PCR assigned to the contracting office initiating a non-8(a) procurement in accordance with 13 CFR §124.504(d)(1) and this PA where a procurement intended for award outside the 8(a) BD program will contain work currently performed under one or more 8(a) contracts and MSPB determines that the procurement should not be considered a follow-on requirement to the 8(a) contract(s), but rather procured through a requirement that it considers to be new; such notification must include the dollar value (exclusive of service extensions under FAR 52.217-8), primary and vital requirements, and end user of the previously performed 8(a) contract(s) as well as the dollar value, primary and vital requirements, and end user of the requirement that the MSPB considers to be new; 6. Shall notify the SBA servicing District Office when the agency seeks to re- procure a follow-on to an 8(a) contract through a pre-existing limited 8(a) contracting vehicle and the incumbent 8(a) contract award was not so limited; 7. Shall coordinate as early as possible with the SBA servicing District Office when it seeks to offer a sole source 8(a) procurement on behalf of a joint venture. The MSPB shall submit offer letters for proposed 8(a) joint ventures for sole source 8(a) contracts to the SBA’s District Office that services the 8(a)-managing venturer of the joint venture for approval before contract award per FAR 19.8, 13 CFR § 124 and this PA; 8. Shall retain the responsibility for ensuring 8(a) BD Program Participants comply with all limitations on subcontracting requirements, including FAR Clause 52.219-14;‌‌ 9. Shall receive and retain the SBA’s delegation of contract execution and review functions by reporting all 8(a) contract awards, modifications, options and purchase orders to the SBA until such time as the agreement is amended or terminated. Provide a cop...
MSPB. An appeal to the Merit Systems Protection Board (MSPB) where an action is otherwise appealable to the Board and the employee alleges that the basis for the action was discrimination prohibited by race, color, religion, sex, national origin, age, reprisal or disability.
MSPB. Under Merit Systems Protection Board (MSPB) procedures, an employee who is found to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee is entitled, on correction of the personnel action, to receive reasonable attorney's fees related to the personnel action, awarded in accordance with standards established under 5 USC 7701(g) and upon decision by appropriate authority under applicable law, rule and regulation.
MSPB. (a) A grievance involving a challenge to an adverse or unacceptable performance resulting in removal, suspension for more than fourteen (14) calendar days, reduction in grade, reduction in pay, or furlough of thirty (30) calendar days or less may be raised either under the appropriate MSPB procedure or under this negotiated grievance procedure, but not both. An employee shall be deemed to have exercised his or her option at such time as he or she timely files a notice of appeal under the applicable appellate procedure or timely files a grievance in writing in accordance with the provisions of this Article, whichever event occurs first. (b) An employee who receives a notice of final action regarding an adverse or unacceptable performance action has thirty (30) calendar days beginning with the day after the effective date of the action to appeal the action to the Merit Systems Protection Board. If the employee decides to seek recourse through this negotiated grievance procedure and the Union decides to invoke arbitration after receiving a final decision under the negotiated grievance procedure, notice of a decision to seek arbitration must be served upon the Agency within twenty (20) calendar days after receiving the decision.

Related to MSPB

  • EMPLOYEE-MANAGEMENT ADVISORY COMMITTEE 10.01 The Parties to this Collective Agreement agree to establish Employee-Management Advisory Committee(s) (EMAC) within the sites. Each Committee will consist of a maximum of six (6) persons with equal representation from the Parties. 10.02 In a site that has an established mechanism(s) that performs the functions of the EMAC as described in Clause 10.08 and where the mechanism(s) provides for the representation from this bargaining unit then the Employer and the Union Representative may mutually agree to waive Clause 10.01. 10.03 The representatives of the Employer on EMAC shall be those persons or alternates employed and designated by the Employer from time-to-time. 10.04 The representatives of the Union on EMAC shall be those Employees or Employee alternates designated by the Local from time-to-time. 10.05 The Parties mutually agree that the representatives of the Employer and the Union on EMAC should be the persons in authority whose membership should be as constant as reasonably possible with a minimum of alteration or substitution. 10.06 The Chair on EMAC shall be the senior representative of the Employer, and the Vice-Chair shall be the senior representative of the Union. 10.07 EMAC shall meet at a mutually acceptable hour and date. Either the Chair or the Vice-Chair may mutually call a special meeting to deal with urgent matters. 10.08 It is the function of EMAC to consider matters of mutual concern affecting the relationship of the Employer to its Employees and to advise and make recommendations to the Employer and the Union with a view to resolving difficulties and promoting harmonious relations between the Employer and its Employees. Zone matters of mutual concern may be referred to the Joint Task Force. 10.09 Either the Employer or the Union may have experts or advisors present at meetings of EMAC to make submissions to or to assist EMAC in the consideration of any specific problem. Each Party shall give the other reasonable advance notice of the anticipated presence of such experts or advisors. 10.10 Where an EMAC has not been established within a site, the Union may request a meeting with the designated Human Resources Department to discuss the formation of EMAC(s). 10.11 Within thirty (30) days of the request, the Parties will meet to discuss membership and subsequent development of Terms of Reference in accordance with Article 10: Employee Management Advisory Committee. (a) Every effort will be made by the Parties to schedule this Committee meeting during an appointed Employee’s regular working hours; and (b) In continuous operations, when (i) an Employee is not scheduled to work; and (ii) it is not possible to schedule the meetings during a time when the Employee is scheduled to work; and (iii) no alternate attendee is available or appropriate to attend, an Employee who attends a EMAC meeting shall be paid at the basic hourly rate of pay. 10.13 Time spent in meetings of this Committee (inclusive of travel time) during an Employee’s scheduled working hours shall be considered time worked and the Basic Rate of Pay will be paid to such Employees. 10.14 Where applicable, an Employee shall be entitled to claim travel time expenses in accordance with Article 38: Transportation and Subsistence.

  • Labour Management Relations Committee In recognition of the mutual benefits of open communications and on-going consultation between the faculty and the employer, the Labour/Management Relations Committee will meet on a regular basis and have equal representation for the Union and the Employer. The LMRC will serve as an open forum for the free and candid discussion of matters of mutual concern to faculty members and management.

  • JOINT LABOUR MANAGEMENT COMMITTEE A Joint Labour Management Committee shall be established to attend to those matters which are of mutual interest. To ensure its effectiveness the Committee shall be separate and apart from the grievance procedure.

  • Central Bargaining Committee (a) In central bargaining between the Canadian Union of Public Employees and the participating hospitals, an employee serving on the Union's Central Negotiating Committee shall be paid for time lost from his normal straight time working hours at his regular rate of pay and without loss of leave credits for attending central negotiating meetings with the Hospitals' Central Negotiating Committee in direct negotiations up to the point of arbitration. In addition, an employee serving on the Union’s Central Negotiating Committee shall be paid for time lost from his normal straight time working hours at his regular rate of pay and without loss of leave credits for two (2) days of preparation time for such central negotiating meetings with the Hospital’s Central negotiating Committee. Upon reference to arbitration, the Negotiating Committee members shall receive unpaid time off for the purpose of attending arbitration hearings. It is understood and agreed that the maximum number of Union Central Negotiating Committee members entitled to payment under this provision shall be eight (8), and in no case will more than one employee from a hospital be entitled to such payment. The Union shall advise the Hospitals' Central Negotiating Committee, before negotiations commence, of those employees to be paid under this provision. The Hospitals' Central Negotiating Committee shall advise the eight (8) Hospitals accordingly. (b) Vice-Presidents of the Ontario Council of Hospital Unions shall be granted leave of absence by their employers in accordance with (a) above or Article 12.02 as the case may be, in order to fulfil the duties of their position.

  • Joint Consultative Committee 46.1 The parties recognise the need for effective communication to improve the business/operational performance and working environment in agencies. 46.2 The parties acknowledge that decisions will continue to be made by the employer who is responsible and accountable to Government for the effective and efficient operation of the agency. 46.3 The parties agree that: (a) where the employer proposes to make changes likely to affect existing practices, working conditions or employment prospects of employees, the union and employees affected shall be notified by the employer as early as possible; (b) for the purposes of discussion the employer shall provide to the employees concerned relevant information about the changes, including the effect of the changes on employees, provided the employer shall not be required to disclose any information that is confidential; (c) in the context of discussions the union and employees are able to contribute to the decision making process; and (d) the Joint Consultative Committee (JCC) parties are to provide all reasonable and relevant information except confidential commercial, business or personal information, the release of which may seriously harm a party or individual. 46.4 Each agency will have a JCC comprising of the employer or their nominee, employer nominated representatives and union nominated representatives. 46.5 The JCC will convene within 28 days of a written request being received from either party. 46.6 The JCC will determine its own operating procedures. 46.7 JCCs will be a forum for consultation on issues such as: (a) development of workload management tools within the agency; (b) industrial issues; (c) fixed term and casual employment usage; (d) changes to work organisation and/or work practices occurring in the workplace; (e) agency implementation of recommendations from the ‘Functional Review of Government’; and (f) agency implementation of other aspects of this General Agreement. 46.8 Matters not resolved through the JCC can be referred to the provisions of clause 49 - Dispute Settlement Procedure.