Merit Systems Protection Board

Pursuant to a congressional request, GAO reviewed a house report regarding the effectiveness of the Merit Systems Protection Board, focusing on the: (1) report's findings relating to the Board's statutory mission to hear and decide employee appeals of adverse personnel decisions; and (2) Board's actions when apparent misconduct by an agency official has occurred. GAO noted that: (1) the report did not dispute the Board's effectiveness or its decision upholding the Federal Aviation Administration's (FAA) removal of certain air traffic controllers at its Chicago center despite evidence that FAA altered the controllers' attendance records; (2) the Board declined to reopen and reconsider its decisions, since it believed the report and the new evidence did not substantially change its position on employee appeals of adverse personnel actions; (3) the Board does not have statutory authority to discipline agency officials who engage in prohibited personnel practices or misconduct during the appellate proceedings; and (4) the Office of the Special Counsel has the authority to discipline officials for misconduct or engaging in prohibited personnel practices.