Reading Room Document

Litigating Authority of the Merit Systems Protection Board

This document discusses the scope of litigating authority given to the Merit Systems Protection Board under the Civil Service Reform Act. It concludes that the provision granting litigating authority to the Board must be read expansively, allowing the Board to represent itself in any civil action brought in connection with its functions. The document presents questions about whether the Board can represent itself only when taking a legal position adverse to another federal agency, and the conclusion reached is that the provision should be interpreted literally, allowing the Chairman of the Board to designate attorneys to represent the Board in any civil action.

September 11, 1979