Full Appeals Court Clears Way For Expansion of MSPB Review In Suitability Cases

A few months ago, the appeals court upheld a significant expansion by the MSPB of its jurisdiction over suitability appeals. OPM fought this expansion by requesting that the full Court of Appeals for the Federal Circuit re-hear the case “en banc.” The appeals court has now responded in what is a victory for the Board and a disappointment for OPM.