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Significant Cases

Aguzie, et al.

Oral argument in the matters of:

Hyginus U. Aguzie v. Office of Personnel Management
MSPB Docket Number DC-0731-09-0261-R-1

Jenee Ella Hunt-O'Neal v. Office of Personnel Management
MSPB Docket Number AT-0731-09-0240-I-1

James A. Scott v. Office of Personnel Management
MSPB Docket Number CH-0731-09-0578-I-1

Holley C. Barnes v. Office of Personnel Management
MSPB Docket Number DC-0731-09-0260-R-1

Monday, October 18, 2010, at 10:00 a.m.
The United States Court of Appeals for the Federal Circuit
Room 201
717 Madison Place
N.W., Washington D.C

Aguzie and several other cases pending before the Board present the following legal issue: When the Office of Personnel Management (OPM) directs an agency to separate a tenured employee for suitability reasons, must the Board consider a subsequent appeal under 5 C.F.R. part 731 as contemplated therein, or should the Board instead consider the appeal under 5 U.S.C. chapter 75, given that the scope of a chapter 75 appeal is broader than a part 731 appeal and that OPM generally lacks authority to issue regulations limiting statutory rights?








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