Federal Circuit Stresses Security Removal Options Over MSPB

In a landmark case (Berry v. Conyers), the Federal Circuit Court of Appeals tells Agencies that if an employee no longer is able to hold a “sensitive” position, the removal is not subject to “Adverse Action” rules or appealable to MSPB. While the principle is not new, the Court decision begs the question of why Agencies don’t use this flexibility more often.