United States Federal Circuit

Office of Personnel Management's (OPM) petition for review of a Merit Systems Protection Board decision that an individual who meets the definition of an "employee" under 5 U.S.C. section 7511(a)(1) has a statutory right to appeal his OPM-directed suitability removal as an adverse action under 5 U.S.C. section 75(II), is affirmed where: 1) the statutory language is clear and no provision of the Civil Service Reform Act (CSRA), exempts suitability removals from the Board's jurisdiction under chapter 75; and 2) the Board's decision mitigating the employee's removal to a letter of reprimand was proper.

Appellate Information

• Decided 05/13/2015
• Published 05/13/2015

Judges

• O'Malley

Court

• United States Federal Circuit

Counsel